HomeMy WebLinkAboutRES NO 237-04RESOLUTION NO. 2 8 7 ' 0 '~
A RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, AND APPROVING THE
AMENDMENT TO THE RIVERLAKES RANCH SPECIFIC
PLAN OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN, CASE NO. GPA 04-0313, LOCATED ON THE EAST
SIDE OF PA'i-I'ON WAY, NORTH OF MEANY AVENUE.
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,
JUNE 17, 2004, on GPA 04-0313 of the proposed amendment to the Riverlakes Ranch Specific
Plan 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 04-0313, a requested amendment to the Riverlakes Ranch Specific
Plan of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0313. M.S. Walker & Associates, Inc. has
proposed to amend the Riverlakes Ranch Specific Plan of the Metropolitan
Bakersfield General Plan by changing the land use map designation from LR
(Low Density Residential) to GC (General Commercial) on 3.71 acres of land;
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 if
certain mitigation measures are adopted for archaeological resources, and, therefore, a
Negative Declaration with mitigation measures was prepared and posted on May 28, 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. 74-04 on June 17, 2004, the Planning Commission
approved Case No. GPA 04-0313, 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,
August 18, 2004, on the above described Case No. GPA 04-0313 of the proposed amendment
to the Riverlakes Ranch Specific Plan 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
OR S~NAL
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 Negative Declaration, with mitigation measures, for GPA 04-0313 is hereby
adopted.
The City Council hereby approves and adopts Case No. GPA 04-0313 of the
proposed amendment to the Riverlakes Ranch Specific Plan of the Metropolitan
Bakersfield General Plan, constituting changes as shown on the map marked
Exhibit "A", with conditions of approval/mitigation measures as provided in
Exhibit "B", attached hereto and incorporated as though fully set forth, for
property located on the east side of Patton Way, north of Meany Avenue.
The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is
hereby adopted.
This Resolution shall not become effective until September 8, 2004, at such time
as other General Plan Amendments are reviewed by the City Council of the City
of Bakersfield.
......... o0o ........
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 August 18, 2004, by the
following vote:
O~IGINAL
ABSTAIN:
ABSENT:
COUNCILMEMBERBENHA~,~A~RSO~,COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
AUG 1 8 2004
PAMELA A. McCARTHY,~;MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A - Land Use Map
Exhibit B- Conditions of Approval~Mitigation Measures
Exhibit C - Mitigation Monitoring Plan
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ORIGiNA~:>
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EXHIBIT B
CONDITIONS OF APPROVAL/MITIGATION MEASURES
GPA/ZC 04-0313
A.) PUBLIC WORKS
Upon submittal of any development plan, tentative parcel or subdivision map, or application
for a lot line adjustment, the developer shall submit the following:
Provide fully executed dedication for Patton Way, if necessary, to Collector
standards for the full frontage of the area within the GPA/ZC request. Dedications
shall include areas for landscaping as directed by the City Engineer. Submit a current
title report with the dedication documents.
Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. Approval and easements must be obtained from the property owner where
the proposed sump is located. A soils report must be obtained and verification of the
sumps ability to drain within 7 days. The study shall be approved and any required
retention site and necessary easements dedicated to the City.
Submit verification to the City Engineer of the existing sewer system's capability to
accept the additional flows to be generated through development under the new land
use and zoning.
Access to the arterial and collector streets will be limited and determined at time of division
or development. Determination of whether a right turn lane is required at the access street(s)
will also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal
will only be permitted if a signal synchronization study is submitted and approved, which
shows progression is not adversely affected.
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
Except for the parking lot at the southwest comer of the project site, no light poles shall be
permitted on the project site.
No security camera poles shall be permitted on the project site. ~,. ~
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The hours of operation shall only be permitted from 7:00 a.m. to 7:00 p.m.
All security cameras and yard lights shall be installed below the height of the eaves or less
than 9 feet in height.
The two-story office and apartment structure shall only be permitted at the southwest corner
of the project site, as proposed in the approved site plan.
The parking lot area shall only be permitted at the southwest corner of the project site, as
proposed in the approved site plan, and shall contain a minimum of 2 parking stalls. The
parking lot light poles shall not exceed a height of 20 feet.
The recorded waiver of direct access along Patton Way, as previously required by Condition
No. 6 in Exhibit "A" of Ordinance No. 3322, shall be revoked prior to issuance of any
grading or building permit.
The recorded access easement for providing access from the project site to the adjacent
property to the south, as previously required by Condition No. 6a in Exhibit "A" of
Ordinance No. 3322, shall be revoked prior to issuance of any grading or building permit.
The recorded deed restriction to ensure the project site would be used exclusively for parking
by the adjacent property to the south, as previously required by Condition No. 6b in Exhibit
"A" of Ordinance No. 3322, shall be revoked prior to issuance of any grading or building
permit.
A drainage easement to accommodate storm drainage from the project site to the adjacent
property to the south shall be recorded prior to issuance of any grading or building permit.
Prior to issuance of any grading or building permit, the developer shall hire a qualified
professional archaeologist to conduct a field survey for the entire project site. The findings
of said field survey shall be reported in a written format and submitted for review and
approval to the Planning Director of the City of Bakersfield prior to issuance of any grading
or building permit.
If cultural resources, either historic or prehistoric, are discovered during construction
activities, all work shall be halted in the area of the find and a qualified professional
archaeologist shall be hired to assess the resource.
A minimum 6' high masonry wall shall be constructed along the entire length of the eastern
project boundary line.
A minimum 9' high masonry wall shall be constructed along the entire length of the northern
project boundary line.
The storage units shall be constructed of materials that provide a one hour fire rating.
The entire roof angle for all storage units adjacent along the northern project boundary shall
slope away from the residences adjacent to the north. ~ %^%~,~
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17. All roof surfaces shall contain, or be coated with, a non-reflective material.
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 andlor 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.
C. 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.
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)
Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over
landscape areas no more than 21/2 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.). ~ ¢ ~ S4;~,~
°OR,GINAF
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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 parking lot light poles, standards and fixtures,
including bases or pedestals, shall not exceed a height of 20' 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.
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 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 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).
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.
The minimum parking required for this project has been computed based on use and shall be
as follows:
Square Parking Required
Use Footaee Ratio Parkine
Office 577 sq. ft. I space/ 230 sq. ft. 3 spaces
Residence 2 or 3 bedroom 2 spaces/unit 2 spaces
Storage 82,223 sq. ft. I space/i,000 sq. ft. 82 spaces
Total Required 87 Spaces
(Note.' Sufficient parking for this use is shown on the proposed site plan. Parallel spaces are permitted alon~p,K~
the aisles in front of each unit.)
Uti
'~OR~GINA~
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Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel,
hospital, church, 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.
10.
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.).
ii.
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.
12.
Open storage of materials and equipment shall be surrounded and screened with a solid wall
or fence (screening also applies to gates). This fence shall be at least 6 feet in height and
materials shall not be stacked above the height of the fence. (Note: A taller fence is allowed
in commercial and industrial zones. A building permit is only required for fences and walls
over 6feet in height.)
13.
The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control
District (Regulation VIII) concerning dust suppression during construction of the project.
Methods include, but are not limited to, use of water or chemical stabilizers/suppressants to
control dust emissions from disturbed areas, stock piles, and access ways; covering or
wetting materials that are transported off-site; limit construction-related speeds to 15 mph on
all unpaved areas; washing of construction vehicles before they enter public streets to
minimize carryout/track out; and cease grading and earth moving during periods of high
winds (20 mph or more).
FIRE DEPARTMENT (staff contact - Dave Weirather 661/326-3706)
1. 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
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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 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 Prevention Services
Division may require a hazardous material management and/or risk 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 Prevention Services Division 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 Prevention Services Division is required to
install and operate these tanks. The Prevention Services Division may also require a Spill
Prevention Control and Countermeasure Plan for storage of petroleum products above
ground in quantities of 1,320 gallons or more. Please contact them at 661/326-3979 for
further information.
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 Patton Way 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 one (1) street light along Patton Way 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.
If the project generates industrial waste, it shall be subject to the requirements of the
Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public
Works Department before issuance of the building permit. To find out what type of waste
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considered industrial, please contact the waste water treatment superintendent at 661/326-
3249.
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 (i.e. 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 (i.e. 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.
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 Discharge Elimination
System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit
to Discharge Storm Water Associated with Construction Activity (WQ Order No. 92-08-
DWQ) must be filed with the State Water Resoumes 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.
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 building permit is issued. The Public Works
Department will calculate an estimate of the total fee when you submit construction plans for
the project.
The legal description (ie. lot and tract number and/or assessor's parcel number) shall be
shown on the final building plans.
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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 -- 1 cubic yard/week or less
· Front loader bin service -- 1 cubic yard/week - 12 cubic yards/day
· Roll-off compactor service -- More than 12 cubic yards/day
Show on the final building plans I (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.
~ % A KC~2d~
EXHIBIT C
General Plan Amendment No. 04-0313
Mitigation Monitoring and Reporting Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring and Party
Mitigation Measure Reporting Monitoring Responsible
Process Milestone for Monitoring
Initials Date Remarks
(1) Pdor to issuance of any grading or building permit, Construction Construction Planning
the developer shall hire a qualified professional Review Approval Department
archaeologist to conduct a field survey fo~ the
entire project site. The findings of said field survey
shall be reported in a wdtten format and submitted
for review and approval to the Ptanning Director of
the City of Bakersfield pdor to issuance of any
grading or building permit.
(2) If cultural resources, either historic or prehistoric,
are discovered dudng consffuction activities, all
work shall be halted in the area of the find and a
qualified professional archaeologist shall be hired
to assess the resource.
ORIGINAL