HomeMy WebLinkAboutRES NO 187-04RESOLUTION NO. ~, 8~' 0Z~
A RESOLUTION MAKING FINDINGS, UPHOLDING THE
APPEAL, AS REVISED, ADOPTING NEGATIVE DECLARATION,
AND APPROVING GENERAL PLAN AMENDMENT CASE NO.
GPA 03-1537 OF THE PROPOSED AMENDMENT TO THE
LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, LOCATED 570 FEET SOUTH OF PANAMA
LANE, ADJACENT ON THE WEST SIDE OF WIBLE ROAD.
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 THURSDAY,
MARCH 18, 2004, on GPA 03-1537 of the proposed amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been
given twenty (20) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, GPA 03-1537, a requested amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is as follows:
Derrel's Mini-Storage Inc. (c/o Marino/Associates) has proposed to amend the
Land Use Element of the Metropolitan Bakersfield General Plan by changing the
land use map designation from HMR (High Medium Density Residential) to GC
(General Commercial) on 15 acres; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on February 27, 2004, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 17-04 on March 18, 2004, the Planning Commission
approved Case No. GPA 03-1537, as shown in Exhibit "A", and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on Wednesday,
May 12, 2004, on the above described Case No. GPA 03-1537 of the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield 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, Derrers Mini-Storage, Inc. (c/o Marino/Associates) appealed the conditions
of approval regarding limitations on the height and location of light poles and camera poles; and
WHEREAS, Derrel's Mini-Storage Inc. (cio Marino/Associates) revised its appeal to
address only the conditions of approval that limited the height of light poles and camera poles
and requested additional conditions of approval to protect adjacent residences; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
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 State of California Department
of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
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 appeal by Derrel's Mini-Storage Inc. (cio Marino/Associates) is hereby
upheld, as revised.
4. The Negative Declaration for GPA 03-1537 is hereby adopted.
The City Council hereby approves and adopts Case No. GPA 03-1537 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, constituting changes as shown on the map marked Exhibit "A",
with conditions of approval as provided in Exhibit "B", attached hereto and
incorporated as though fully set forth, for property located 570 feet south of
Panama Lane, adjacent on the west side of Wible Road.
......... 000 ........
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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 May 12, 2004, by the
following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CM(~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENN~
By:
Exhibits Attached:
Exhibit A - Land Use Map
Exhibit B - Conditions of Approval
ORiGiNAL
AKERS
#03-1537
A.) PUBLIC WORKS
EXHIBIT B
CONDITIONS OF APPROVAL
GPA/ZC 03-1537
Page I
Vacate the extension of Crosswind Way and construct a modified street knuckle at the
intersection of Windchime Court.
Upon submittal of any development plan, tentative subdivision map, or application for
a lot line adjustment, the developer shall submit the following:
Provide fully executed dedication for Wible Road to arterial standards for the full
frontages of the area within the GPA request. Dedications shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by
the City Engineer. Submit a current title report with the dedication documents.
Submit a project site drainage study for approval by the City Engineer. All necessary
easements shall be dedicated to the City.
A right turn lane shall be required unless approved calculations are submitted that show the
right turn lane is not warranted. A full access opening will only be considered if the
developer funds and installs a traffic signal at the site entrance. Said signal shall only be
permitted if the developer submits, and the City of Bakersfield approves, a signal
synchronization study that shows progression is not adversely affected.
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the
time of issuance of building permits.
The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidate Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of
this GPA area.
A traffic study shall be required if a subsequent PCD zone change for a more intense
development is proposed for the project site.
B. PLANNING
No recreational vehicle or recreational vehicle storage cover exceeding a height of 12 feet
shall be permitted within 50 feet of the western project boundary line.
2. Recreational vehicle storage covers shall not exceed a height of 15 feet.
No light pole shall be permitted within 100 feet of the western project boundary line. ,~
ORIGINAL
g03-1537 Page 2
4. No light pole shall exceed a height of 35 feet.
5. The hours of operation shall only be permitted from 7:00 a.m. to 7:00 p.m.
Pole mounted security cameras shall be permitted on the project site subject to the following:
a) All views into single family residential back yards shall be blocked and prohibited; b) No
security camera pole shall exceed a height of 40 feet; c) No security camera pole shall be
permitted within 100 feet of the western project boundary line; d) Security cameras and yard
lights shall be permitted on the roofs of storage units if they do not exceed a height of 2 feet
above the roof elevation and, for the exterior storage units, are installed only on the interior
side of the roofs.
7. The monument sign shall not exceed a height of six (6) feet.
8. The use of wood poles for lighting or security cameras shall be prohibited.
The type of lighting and security camera poles, including colors, materials, height, and
location shall be approved by the Planning Director prior to issuance of any building permit
for said poles.
CONDITIONS AND ORDINANCE COMPLIANCE
The following are specific items that you need to resolve before you can obtain a building
permit or be allowed occupancy. These items include conditions and/or mitigation required by
previous site entitlement approvals (these will be specifically noted), changes or additions that need
to be shown on the final building plans, alert you to specific fees, and other comments that will
help you in complying with the City's development standards. The item will note when it is to be
completed and each has been grouped by department so that you know who to contact if you have
questions.
DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718)
The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils
report to the Building Division. A final soils report shall also be submitted to the Building
Division before they can issue a building permit. Please note that approved grading plans
must also match final building site plans and landscaping plans.
The developer shall include fire resistive wall construction details with the final building
plans for all exterior walls of any building that are within 20' of property lines if it is
commercial, or 5' of property lines if it is residential.
Include with or show on the final building plans information necessary to verify that the
project complies with all disability requirements of Title 24 of the State Building Code.
Structures exceeding 10,000 square feet in area shall require installation of an automatic fire
sprinkler system.
ORIG)NAL
#03-1537
Page 3
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 (Chapter
17.60 of the Bakersfield Municipal Code). Unless otherwise approved through the P.C.D
process.
The Building Division will calculate and collect the appropriate school district impact fee at
the time they issue a building permit.
D. DEVELOPMENT SERVICES - PLANNING (staff contact - Dave Reizer 661/326-3673)
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
Office 664 sq. ft. I space/300 sq, ft. 2 spaces
Storage Area 285,700 sq. ft. 1 space/I,000 sq. ft. 286 spaces
Manager's Residence 2 per residence 2 soaces
Total Required 290 Spaces
(Note: The project proposes 12 dedicated parking spaces for the office and visitors. A two-car garage is being
provided for the manager's residence. The remaining parking is provided by parallel spaces along the aisles
adjacent to the storage units which may be counted as required parking. This area is deemed sufficient for the
proposal and meets the minimum required parking for the use.)
Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 2V2 feet provided required setbacks along street frontages are
maintained, and trees and shrubs are protected from vehicles.
All parking lots, driveways, drive aisles, loading areas, and any other vehicular access ways,
shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing
material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and
17.58.050 N.). For the areas where recreational vehicles will be stored, two inches of gravel
(dust binder) shall be permitted.
Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A).
Illumination shall be evenly distributed across the parking area with light fixtures designed
and arranged so that light is directed downward and is reflected away from adjacent
residential properties and streets. Use of glare shields or baffles may be required for glare
reduction or control of back light. All lights on poles, standards and fixtures, including bases
or pedestals, shall not exceed a height of 35' above grade. The final building plans shall
include a picture or diagram of the light fixtures being used and show how light will be
directed onto the parking area. Please note that staff can require additional adjustments to
installed lighting after occupancy to resolve glare of other lighting problems that effect
adjacent properties. Lights within 250 feet of the west property line shall be on a timer and
turned off no later than 9:00 p.m.
The developer shall include a copy of a final landscape plan with each set of the final
building plans submitted to the Building Division. Building permits will not be issued
the Planning Division has approved the final landscape plan for conststency w~th ap~ved
ORIGINAL
#03-1537
10.
Page 4
site plans and minimum ordinance standards (please refer to the attached landscaping
requirements in Chapter 17.61).
(NOTE: At the time a final site inspection is conducted, it is expected that plants will
match the species identified and be installed in the locations consistent with the
approved landscape plan. Changes made without prior approval of the Planning staff
may result in the removal and/or relocation of installed plant materials and delays in
obtaining building occupancy.)
A solid masonry wall is required to be constructed adjacent to residentially zoned property as
indicated by staff on the returned site plan. This wall must be shown on the final building
plans and shall be constructed a minimum height of 6 feet as measured from the highest
adjacent finished property grade. If the parking lot, including drive aisles, delivery areas,
loading and unloading areas are within 10 feet of residentially zoned property, a 7-foot wide
landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed
between the wall and parking/drive areas (this will also be noted on the returned plan).
Our records show that the project is contained on more than one parcel. These parcels shall
be merged into one parcel because parking must be on the same site as the project (Section
17.58.010B of the B.M.C.), building setbacks cannot be met based on the design layout,
and/or a parcel line bisects a building. A parcel map merger or lot line adjustment
application removing or relocating property lines shall be submitted to the Planning Division
before building permits can be issued. Recordation of the map shall occur before final
building or site occupancy can be granted. If our records are in error and these parcels have
been merged, please provide a copy of the parcel map, subdivision map, or certificate of
compliance showing the property as one parcel. (Note: An Assessor's parcel map is not
acceptable since the County Assessor cannot create nor verify that a lot was legally created.
Also, if the deed describes multiple lots, this is not a legal merger.)
The address for the project shall be 6625 Wible Road.
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). This fee must be paid before any grading or other site disturbance occurs.
NOTICE - This project is within an area of documented "known" den sites for the San
Joaqdin kit fox. A kit fox clearance survey is needed prior to approval of a grading plan and
any ground disturbance to determine if kit fox dens exist on the site. The Planning Division
is to receive a copy of this clearance survey. This also requires that the applicant provide
notice to wildlife agencies at least 5 business days before grading occurs and/or any found
den sites are excavated. Forms and instructions are available at the Planning Division.
Please contact Jim Movius at (661) 326-3778 if you have questions concerning this matter.
(Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management
Agreement Section 4.7.4 & Bakersfield Municipal Code §15.68.070).
ORIGINAL
#03-1537
11.
12.
13.
14.
E. FIRE
1.
Page 5
Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, chumh, school), and industrial buildings adjacent to residentially zoned properties,
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.
Refuse collection bin enclosures and container areas are subject to all required structural
setbacks from street frontages, and shall not reduce any parking, loading or landscaping areas
as required by the zoning ordinance.
In the event a previously undocumented oil/gas well is uncovered or discovered on the
project site, the developer is responsible to contact the Department of Conservation's
Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for
any remedial operations on the well required by DOGGR. The developer shall also be
subject to provisions of BMC Section 15.66.080 (B.).
Prior to receiving final building or site occupancy, you must contact the Planning Division
(staff contact noted above) for final inspection and approval of the landscaping, parking lot,
lighting, and other related site improvements. Inspections will not be conducted until all
required items have been installed. Any deviations from the approved plans without prior
approval from the Planning Division may result in reconstruction and delays in obtaining
building or site occupancy.
DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
Show on the final building plans the following items:
All fire hydrants, both offsite (nearest to site) and on-site. Include flow data on all
hydrants. Hydrants shall be in good working condition and are subject to testing for
verification. Fire flow requirements must be met prior to construction commencing
on the project site. Please provide 2 sets of the engineered water plans to Dave
Weirather. (Note: All new fire hydrants must be purchased from the Fire
Department.)
Project address, including suite number if applicable. If the project is within a
shopping or business center, note the name and address of the center.
c. Name and phone number of the appropriate contact person.
The developer shall show on the final building plans a minimum 20' wide all-weather
emergency access with an overhead clearance of 13'6~ within 150' of all buildings on the
project site. The Fire Department must approve the final location and design of this access
prior to building permits being issued. This access shall be constructed before building
occupancy will be granted.
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
ponding. Bamcades must be ~n place where ditches and bamers ernst ~n or cr~s roadway..
O r---
ORIGI~A£
#03-1537 Page 6
Emergency vehicle access must always be reliable.
F. PUBLIC WORKS - ENGINEERING (staff contact- George Gillburg 661/326-3997)
The developer shall construct curbs, gutters, cross gutters, 5'6~ wide sidewalks, and
street/alley paving along Wible Road according to adopted city standards. These
improvements shall be shown on the final building plans submitted to the Building Division
before any building permits will be issued.
The developer shall install 1 (one) street light along Wible Road as shown by staff on the
returned site plan. The developer shall be responsible for providing the labor and materials
necessary to energize all newly installed street lights before occupancy of the building or site.
These improvements shall be shown on the final building plans submitted to the Building
Division before any building permits will be issued.
The developer shall construct standard handicap ramps at the northwest and southwest comer
of Wible Road and the project entrance according to adopted city standards. These
improvements shall be shown on the final building plans submitted to the Building Division
before any building permits will be issued.
The developer shall install new connection(s) to the public sewer system. This connection
shall be shown on the final building plans submitted to the Building Division before any
building permits will be issued.
All on-site areas required to be paved (ie. parking lots, access drives, loading areas, etc.) shall
consist of concrete, asphaltic concrete (Type B, A. C.) or other paved street material
approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3
inches of approved base material (ie. Class II A. B.). This paving standard shall be noted on
the final building plans submitted to the Building Division before any building permits will
be issued.
If a grading plan is required by the Building Division, building permits will not be issued
until the grading plan is approved by both the Public Works Department and Building
Division.
Before any building or site can be occupied, the developer 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 schedule a site inspection to
find out what improvements may be required.
A street permit from the Public Works Department shall be obtained before any work can be
done within the public right-of-way (streets, alleys, easements). Please include a copy of this
site plan review decision to the department at the time you apply for this permit.
10.
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.
.....
If the project is subject to the provisions of the National Pollutant D~scharge Ehm~nat~l~ ~,
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General~ermit
ORIGINAL
#03-1537
Page 7
to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-
DWQ) must be filed with the State Water Resources Control Board in Sacramento before the
beginning of any construction activity. Compliance with the general permit requires that a
Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and
always be available for public inspection during normal construction hours.
11.
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
wilt be based at the rate in effect at the time the building permit is issued. The Public Works
Department will calculate an estimate of the total fee when you submit construction plans for
the project.
12.
The developer shall, along the entire frontage of the development within Wible Road, either
construct a landscaped median island or pay $40 per linear foot to the city for construction of
the median island (¥2-width). Building permits will not be issued until one of these options is
approved by the Public Works Department.
13.
The developer shall form a maintenance district for maintaining the landscaped median
island within Wible Road along the entire frontage of the development.
14.
The developer shall dedicate additional road right-of-way to the City of Bakersfield along
Wible Road to full arterial width according to adopted city standards.
PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997)
Street return type approach(es), if used, shall have 20' minimum radius returns with a 35'
throat width. All dimensions shall be shown on the final building plans.
Show the typical parking stall dimensions on the final building plans (minimum stall size is 9
feet x 18 feet).
The developer shall paint a "pork chop" in the drive approach to restrict egress to right-turn
out only.
4. The developer shall install a sign at the drive approach exit indicating "right turn only".
PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114)
You must contact the staff person noted above before building permits can be issued or
work begins on the property to establish the level and type of service necessary for the
collection of refuse and/or recycled materials. Collection locations must provide enough
containment area for the refuse that is generated by the businesses without violating required
zoning restrictions (see Planning Division items). Levels of service are based on how often
collection occurs as follows:
· Can or cart service --
.Front loader bin service --
.Roll-off compactor service --
1 cubic yard/week or less
1 cubic yard/week - 12 cubic yards/day
More than 12 cubic yards/day c>q %~g~c,9,p~
ORIGiNaL
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Show on the final building plans 1 (one), 8' x 10' (inside dimension) refuse bin enclosure
designed according to adopted city standards (Detail #S-43). Before occupancy of the
building or site is allowed, 1 (one), 3 cubic yard front loading type refuse bin shall be placed
within the required enclosure.
Facilities that participate in recycling operations must provide a location that is separate from
the refuse containment area. This shall be shown on the final building plans.
ORIGIN,t~L