HomeMy WebLinkAboutRES NO 165-99RESOLUTION NO. ]. 6 $ ' 9 9
RESOLUTION MAKING FINDINGS, APPROVING
MITIGATED NEGATIVE DECLARATION AND ADOPTING
GENERAL PLAN AMENDMENT P99-0435 FOR
A PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance
with the provisions of Section 65353 of the Government Code, held a public hearing on
MONDAY, September 13, 1999, and THURSDAY, September 16, 1999, and on MONDAY
OCTOBER 4, 1997 and THURSDAY, October 7, 1999, on General Plan Amendment P99-
0435 for a proposed amendment to the Land Use Element of the General Plan, notice of the
time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian. a local newspaper of general circulation;
and
WHEREAS, such General Plan Amendment P99-0435 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
GENERAL PLAN AMENDMENT P99-0435:
Jeffries Brothers has applied to amend the Land Use Element of
the Metropolitan Bakersfield 2010 General Plan consisting of a
change from Office Commercial to General Commercial on 1.17
acres on property generally located at the southeast comer of
Camino Media and Haggin Oaks Boulevard; and
WHEREAS, for the above-described project, an Initial Study was conducted and
it was determined that the proposed project would not have a significant effect on the
environment and a Negative Declaration with mitigation was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by the city staff and the Planning Commission;
and
WHEREAS, by Resolution No. 155-99 on October 7, 1999, the Planning
Commission recommended approval and adoption of General Plan Amendment
P99-0435 subject to conditions and mitigation measures listed in Exhibit "A" and this Council
has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
Page 1
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Govemment Code, conducted and held a public hearing on
WEDNESDAY, November 3, 1999 on the above described General Plan Amendment
P99-0435 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at
least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
3. The proposed project will not have a significant effect on the environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Circulation Element Policy No. 36
and Land Use Element Policy Nos. 17, 20, 37, 38, 42 and 44.
Policy No. 36 - Prevent streets and intersections from degrading below
Level of Service "C" where possible due to physical constraints (as
defined in a Level of Service ordinance) or when the existing Level of
Service is below "C" prevent where possible further degradation due to
new development or expansion of existing development with a three part
mitigation program: adjacent fight-of-way dedication, access
improvements and/or an area-wide impact fee. The area-wide impact
fee would be used where the physical changes for mitigation are not
possible due to existing development and/or the mitigation measure is
part of a larger project, such as freeways, which will be built at a later
date.
The "level of service (LOS)" will not degrade below LOS "C" due to
implementation of mitigation measures stated in the traffic study required
for this project and the mitigation measures provided by the public works
department.
Policy No. 17- (Second paragraph)
Allow for the intensification and development of existing commercial
areas in an infill fashion.
Subject site is located adjacent to and in close proximity to "GC"
property; proximity to "GC" designated property, the subject site, with
Page 2
approval of the requested "GC" designation, is considered infill of a
commercial area.
Po/icy No. 20 - Locate major (regional) commercial uses in proximity to
existing regional centers (such as Valley Plaza and East Hills Mall), and
in proximity to future regional serving commercial centers in the
downtown, southwest, northwest and northeast, as designated on the
Land Use Policy Map.
Subject site is located within the southwest "existing use center"
adjacent to the "Market Place." The proposed retail establishment would
serve the neighborhood area.
Policy No. 37 - Enhance existing and established new centers as the
principal focus of development and activity in the planning area, around
which other/and uses are grouped. Centers should be/inked by
adequate transportation facilities and may be linked to the Kern River,
canals or other resource amenities. Centers may be differentiated by
functional activity, density/intensity, and physical character.
Development of the subject site to commercial land uses will enhance
and complement existing commercial, residential and industrial
development within the "southwest existing use center". The Kern River
Bike path is located near the proposed project.
Policy No. 38(b) - Provide for the enhancement and intensification of
existing activity areas such as:... (b) California State University,
Bakersfield
Development of the subject site to commercial land uses will enhance
and complement existing commercial, residential and industrial
development within the "southwest existing use center".
Policy Nos. 42 and 43 - (42) Provide for the establishment of the
fo/lowing new major centers as the focus of development in the planning
area:
a) Southwest;
b) Northwest: and
c) Northeast.
(43) Allow for the development of a center in southwest Bakersfield
which is the focal point of activity and includes a mix of professional
office and retail uses, moderate density residential, and filters outward to
lower suburban-type densities ....
The proposed GPA/ZC will further the establishment of a "center"
Page 3
concept in the southwest. Development of the site would make a
commercial use (retail) available to serve the residential and office
commercial in the southwest area.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings incorporated herein, are true and correct.
The Mitgated Negative Declaration for General Plan Amendment P99-0435 is
hereby approved and adopted.
The report of the Planning Commission, including maps and all reports and
papers relevant thereto, transmitted by the Secretary of the Planning
Commission to the City Council, is hereby received, accepted and approved.
The City Council hereby approves and adopts General Plan Amendment
P99-0435 of the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on
the map marked Exhibit "B", attached hereto and incorporated as though fully
set forth herein for property generally located at the southeast corner of Camino
Media and Haggin Oaks Boulevard subject to conditions of approval and
mitigation measures shown on Exhibit "A."
That General Plan Amendment P99-0435, approved herein, be combined with
other approved cases described in separate resolutions, to form a single Land
Use Element Amendment.
......... O00 ........
P~e4
ORiGiNAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on
NOV 0 3 1999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, D'~-MON-B, MA,G.e~B, COUCH, R49MVJ~.,~, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~'J 0 ~J F-
COUNCILMEMBER
CITY CLERK and Ex Offici~Clerk of the
Council of the City of Bakersfield
APPROVED NOV 0 3 1999
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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Page 5
ORIGINAL
EXHIBIT "A"
Concurrent General Plan Amendment/Zone Change
Planned Commercial Development P99-0435
Mitigation Measures/Conditions of Approval
PLANNING:
If cultural resources are unearthed during grading or construction activities, all work shall
be halted in the area of the find. A qualified archaeologist shall be called in to evaluate
the findings and recommend any necessary mitigation measures. In the event that
human remains are discovered, the County Coroner shall be contacted immediately.
Proof of compliance with any recommendations resulting from such evaluation, if
required, shall be submitted to the Southern San Joaquin Valley Archaeological
Information Center (AIC) at California State University, Bakersfield, and to the City of
Bakersfield Development Services Department, prior to final occupancy approval.
Applicant shall record a covenant which runs with the subject property and the adjacent
property which shall require the subject property owner to construct a 6-foot wall
according to City standards which shall be constructed upon written request of the
adjacent property owner.
A covenant must be submitted to the Development Services Department, approved by
the City Attorney's office and recorded in the Office of the Kern County Recorder prior to
the issuance of any building permit. The covenant shall restrict parcels 2, 3 and 4 of
Parcel Map 9542 to only those uses permitted in the existing C-O (Commercial &
Professional Office) zone. The covenant shall run with the land and shall continue in
effect until such time as it is released by the California State University Bakersfield.
TRAFFIC:
Based upon the conclusions of the traffic impact study prepared by Ruettgers-
Schuler, Civil Engineers, the following mitigation measures are recommended as needed
by the year 2020. The engineer is required to prepare approved estimates for the
improvements to determine the actual fee amounts.
a)
The intersection of Gosford Road at Ming Avenue - Future expansion to construct
additional east bound and west bound left turn lanes (1 existing each way at time of
study), ad north and west bound right turn lanes (none existing at time of study). Project
share is 0.53%.
b)
The intersection of Camino Media and Gosford Road - Future expansion to add a
south bound right turn lane (none existing at time of study), stripe an additional east
bound left turn lane (one existing at time of study) and modify signal as required. Project
share is 0.79%.
P99-0435 Mitigation Measures/Conditions of Approval Page 2
c) The intersection of Ming Avenue and Scarlet Oaks Boulevard - Construct traffic
signal. The project share is 4.40%.
d) The intersection of Camino Media and Scarlet Oaks Boulevard - Construct traffic
signal. The project share is 3.24%.
Additionally, the referenced traffic impact study also provided analysis for the GPA share
of the Phase II Regional Transportation Impact Fee. Based upon the study, said fee
shall be $5,155 for the Convenience Center. The fee was based upon a 5,500 SF store.
The fee equates to $937.27 per 1,000 SF.
SITE PLAN COMPLIANCE LIST:
A. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
1. The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils
report to the Building Division. You must submit a final soils report to the Building
Division before they can issue a building permit.
2. Include with the final site plan documentation, or show changes on the final plan that the
project complies with all disability requirements of Title 24 of the State Building Code.
The applicant shall obtain all required approvals from the Kern County Environmental
Health Services Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for
any food handling facility, (ia. market, delicatessen, cafe, concession, restaurant) before
building permits can be issued.
Business identification signs are not considered nor approved under this review. A
separate review and sign permit from the Building Division is required for all new signs,
including future use and construction signs. Signs must comply with the Sign Ordinance.
5. The Building Division will assess appropriate school district impact fees at the time they
issue a building permit.
B. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer
(661/326-3673)
1. The minimum parking required for this project has been computed based on use and
shall be as follows:
Square Parking Required
Use Footage Ratio Parking
Convenience Market/ 5,124 sq. f. 1 space/200 sq. f. 26 spaces
Deli (w/patio seating) 20 seats (outside) 1 space/2 seats (outside) 10 spaces
(w/gas pumps) 4 gas pumps Credit 2 spaces/pump (-8) spaces
Total Required: 28 spaceS
P99-0435 Mitigation Measures/Conditions of Approval Page 3
(Note: 40 parking spaces are shown on the site plan.)
The applicant shall submit one (1) copy of the final landscape plan to the Planning
Division, and include a copy of this plan with each set of the final building plans. Building
permits will not be issued until the Planning Division has approved the final landscape
plan for consistency with approved site plans and minimum ordinance standards (please
refer to the attached standards - Chapter 17.61 ).
Approved landscaping, parking, and other related site improvements shall be installed
and inspected by the Planning Division before final occupancy of any building or site.
Please schedule final inspections with Dave Reizer (661/326-3673).
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A).
Lights shall be designed, arranged, and shielded to reflect light away from adjacent
residential properties and streets. All light fixtures shall be between 15' and 40' above
grade with illumination evenly distributed across the parking area. Lighting direction and
type of light fixture shall be shown on the final site plan or included with the building
plans.
Habitat Conservation fees shall be required for this project and will be calculated based
on the fee in effect at the time we issue an urban development permit (includes grading
plan approvals) as defined in the Implementation/Management Agreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee,
the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This
fee is currently $1,240 per gross acre, payable to the City of Bakersfield (submit to the
Planning Division).
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, school) shall be completely screened by parapets or other finished
architectural features constructed to a height of the highest equipment, unfinished
structural element or unfinished architectural feature of the building.
C. FIRE DEPARTMENT (staff contact- Greg Yates 661/326-3939)
Show on the final site plan all on-site fire hydrant locations and required fire flows.
Based upon available information, the minimum fire flow requirement will be 3500 gallons
per minute.
The applicant shall install 4 fire hydrants as shown by staff on the returned site plan. All
fire hydrants must be purchased from the Fire Department. These hydrants must be
installed and in working order before building permits can be issued to assure that
adequate fire protection can be available during construction unless other arrangements
for such protection are approved by the Fire Department.
The applicant shall give the Fire Department one set of the engineered water plans
before the issuance of any building permit.
The applicant shall obtain all necessary approvals from the Fire Department for fuel
tanks or related facilities before they are installed on the site.
ORIGINAL
P99-0435 Mitigation Measures/Conditions of Approval Page 4
All access (permanent and temporary) to and around any building under construction
must be at least 20 feet wide, contain no vehicle obstructions, and be graded to prevent
water ponding. Barricades must be in place where ditches and barriers exist in or cross
roadways. Emergency vehicle access must always be reliable.
If you handle hazardous materials or hazardous waste on the site, the Environmental
Services Division of the Fire Department may require a hazardous material management
plan before you can begin operations. Please contact them at 661/326-3979 for further
information.
If you treat hazardous waste on the site, the Environmental Services Division of the Fire
Department may require a hazardous waste "Tiered" permit before you can begin
operations. Please contact them at 661/326-3979 for further information.
If you store hazardous materials on the site in either an underground or a permanent
aboveground storage tank, a permit from the Environmental Services Division of the Fire
Department is required to install and operate these tanks. The Environmental Services
Division may also require a Spill Prevention Control and Countermeasure Plan before
you can begin operations. Please contact them at 661/326-3979 for further information.
PUBLIC WORKS - ENGINEERING (staff contact - Harry Afshar 661/326-3576)
The applicant shall construct standard handicap ramps at the northeast corner of Liberty
Park Drive and Haggin Oaks Boulevard and the southeast corner of Haggin Oaks
Boulevard and Camino Media according to adopted city standards. These
improvements shall be shown on the final site plan submitted to the Building Division
before any building permit will be issued.
The applicant shall construct new connection(s) to the public sewer system. This
connection shall be shown on the final site plan submitted to the Building Division before
any building permit will be issued.
All driveways, vehicular access and parking areas shall be paved with a minimum of 2"
Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections
15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This
standard shall be noted on the final site plan submitted to the Building Division before
any building permit will be issued.
If a grading plan is required by the Building Division, a building permit will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
5. Before you occupy any building or site, you must reconstruct or repair substandard off-
site improvements to adopted city standards as directed by the City Engineer. Please
call the construction superintendent at 661/326-3049 to find out what improvements will
be required.
6. You must obtain a street permit from the Public Works Department before any work c~
be done within the public right-of-way (streets, alleys, easements). Please include a ~
P99-0435 Mitigation Measures/Conditions of Approval Page 5
copy of this site plan review decision to the department at the time you apply for this
permit.
A sewer connection fee shall be paid at the time a building permit is issued. We will
base this fee at the rate in effect at the time a building permit is issued.
A transportation impact fee for regional facilities shall be paid at the time a building
permit is issued, or if no building permit is required, before occupancy of the building or
site. This fee will be based at the rate in effect at the time the permit is issued. Based on
the fee schedule currently in effect and the proposed use, the rate would be $35.00 for
each vehicular trip. The Public Works Department will calculate an estimate of the total
fee when you submit construction plans for the project.
E. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
1. Show on the final plan I (one), 8' x 10' inside dimensions refuse bin enclosure designed
according to adopted city standards (Detail #S-43).
Before building permits can be issued or work begins on the property, you must contact
the staff person above to establish the level and type of service necessary for the
collection of refuse and/or recycled materials.
Facilities that require infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department. In no
instances shall the refuse bin area be used for infectious waste containment purposes.
4. Facilities that require grease containment must provide a storage location that is
separate from the refuse bin location.
5. Facilities that participate in recycling operations must provide a location that is separate
from the refuse containment area.
The Solid Waste Division will determine appropriate service levels for refuse collection
required for a project. These levels of service are based on how often collection occurs
as follows:
Can or cart service --
Front loader bin service --
yards/day
Roll-off compactor service --
I cubic yard/week or less
I cubic yard/week - 12 cubic
More than 12 cubic yards/day
oRIGINA!
P99-0435 Mitigation Measures/Conditions of Approval Page 6
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ORiGiNAL
EXHIBIT B
GENERAL PLAN AMENDMENT
P99-0435
CAUFORNIA $~'A~'E UNIVERSITY BAKERSFIELD
PS
CAMINO
GC
OC
MING AVENUE
LR 8 I LMR
HMR
IHMR
0 400
SCALE IN FEET
T30S, R27E
79g04
r'~RIGINAL