HomeMy WebLinkAboutRES NO 102-00RESOLUTION NO. 10 2 '" 0'0
RESOLUTION MAKING FINDINGS, APPROVING
NEGA'FIVE DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT P00-0236 OF 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, JUNE 12, 2000, THURSDAY, JUNE 15, 2000, MONDAY, JULY 3, 2000 and JULY
6, 2000 on General Plan Amendment P00-0236 of 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 P00-0236 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
GENERAL Pbs, N AMENDMENT P00-0236
Haiferty Development Company, LLC has requested an amendment to the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a
change from HMR (High Medium Density Residential) to GC (General
Commercial) on 5.14 acres located along the south side of Ming Avenue
between Canter Way and Rain Tree Court; 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. 62-00 on July 6, 2000 the Planning Commission
recommended appreval and adoption of General Plan Amendment P00-0236 subject to
conditions, mitigation measures listed in Exhibit "A" and this Council has fully considered the
finding 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 16, 2000 on the above described General Plan Amendment P00-0236
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
findings:
WHEREAS, the Council has considered and hereby makes the following
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
foUowed.
3. The proposed project will not have a significant effect on the
environlment.
4. The proposed project is consistent with the surrounding land uses.
5. The proposed project is consistent with the Metropolitan Bakersfield
2010 General Plan.
6. The proposed amendment is consistent with the Land Use Element
policies with the exception of "commercial policy numbers 19 and 22"
which are as follows:
COMMERCIAL. DEVELOPMENT
POLICY NUMBER
19
22
,Encourage a separation of at least one-haft mile between new
commercial designations.
,Encourage the clustering of commercial development in compact
,areas, rather than extended along streets and highways.
Reaardincl "cornmercial policy numbers 19 and 22":
The proposed project site is approximately 70 (seventy) per cent undeveloped.
The project may be regarded as an in-fill project and change the land use to
possibly to its highest and best use. The PCD zone permits decision makers
the opportunity to address policy concerns and to address concerns of adjacent
property owners and mitigate such concerns.
The Council believes there is sufficient documentation in finding number
6 (above) which will allow overriding consideration of the Land Use
Element "'commercial policy numbers 19 and 22", and allow approval of
the requested General Plan Amendment.
2
In approving the PCD zoning district the Planning Commission and City
Council shall make the following required findings (Zoning Ordinance,
Section 17,54.070):
'The proposed planned commercial development zone and
i3raliminary development plan is consistent with the General Plan
and objectives of this ordinance.
'The proposed development will constitute a commercial
environment of sustained desirability and stability, and it will
compliment and harmonize with the character of the surrounding
neighborhood and community.
'7he proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the
location of structures, circulation pattern, parking, landscaping
and utilities, together with a program for provision, operation and
maintenance of all areas, improvements, facilities and services
provided on the property.
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:
correct.
The above recitals and findings incorporated herein, are true and
2. The Negative Declaration for General Plan Amendment P00-0236 is
hereby approved and adopted.
3. 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 receiw;d, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment
P00-0236 of the proposed arnendment 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, for property generally located along
the south side of Mind Avenue between Canter Way and Raintree Court subject to mitigation
measures/conditions of approval shown on Exhibit "A".
5. That General Plan Amendment P00-0236, approved herein, be
combined with other approved cases described in separate resolutions, to form a single Land
Use Element Amendment.
......... o0o ........
I HEREBY GERTIFY that the foregoing Resolution was passed and adopted by
6 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER 3,^,,~,03;:, DEMOND, ,MAGC~, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER C,f~SO l~J)
COUNCILMEMBER
R n Clerk of the
Council of the City of Bakersfield
APPROVED AUG 16 2000
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
RED:pjt
August 24, 2000
EXHIBIT "A"
General Plan Amendment/Zone Change P00-0236
Mitigation Measures/Conditions of Approval
PLANNING COMMISSION CONDITIONS OF APPROVAL
The 6,500 square foot pad at the northwest corner of the site is for a mixed use tenant
and shall be limited to 3,000 square feet of restaurant use and 3,500 square feet of
retail use.
No parking shall be permitted on the east side of Rain Tree Court north of the northern
driveway, The applicant shall post "no parking" signs in accordance with the standards
of the City Traffic Engineer.
No parking is permitted on the east side of Rain Tree Court between the southern
driveway and the southwest corner of the major tenant building, The applicant shall
post "no parking" signs in accordance with the standards of the City Traffic Engineer.
No parking is permitted on the west side of Canter Way north of the driveway into the
project site. The applicant shall post "no parking" signs in accordance with the
standards of the City Traffic Engineer.
The speaker box for the restaurant on the northeast corner of the site may only be
located on the south side of the building.
A 3 to 4 foot high hedge is required along the north and east side of the restaurant in
the northeast corner of the site to block car lights.
Site lighting along the south and east block wall area shall be built into in the block wall.
These lights to be attached at least 1 foot below the top of the wall.
No lighted signs will bc permitted on the west, south, and east walls of the major tenant
building. The stand alone retail building along Canter Way shall not have lighted signs
along the south wall.
Sweeping hours shall be limited to the hours between 7:00 AM to 8:00 PM Monday
thru Friday.
10.
The loading dock shalll be recessed into the ground and shall have an 11 foot masonry
wall as shown on attached Exhibit D.
11. Truck deliveries shall be limited to the hours between 8:00 AM and 8:00 PM.
12.
The cost of the deceleration lane on Raintree Court shall be determined by an
engineering study paid for by the applicant. This report is subject to approval of the
Pubic Works department. Applicant shall pay 50% of the cost of the Raintree Court
deceleration lane prior to the issuance any building permit. This condition may be met
by other transportation improvements subject to the approval of the Public Works
department.
Exhibit "A"
GPNZC P00-0236
Page 2
13.
14.
The applicant will increase traffic storage on Ming Avenue at the Rain Tree Court
median break, the storage to be a minimum of 200 feet long with a 90 foot bay taper, or
in the alternative to provide for a left turn directly into the shopping center with a 200
feet stacking and 50 foot taper to be approved by the City Engineer.
The Landscape Plan ,.;hall comply with the requirements of Title 17 with the addition
that planting on the east and south properly lines shall be 36 inch box evergreen trees
and 20 feet on center.
PLANNING
If cultural resources are unearthed during ground disturbance, all work must halt in the
area of the find. A qualifted professional archaeologist should be called in to evaluate
the findings and make appropriate mitigation recommendations,
This condition will ensure that any cultural resources found on the subject site shall be
preserved for future generations.
Along the east property line, adjacent to the existing multiple-family dwellings and along
the south property line adjacent to the existing single-family dwellings, provide a
minimum 45 foot building setback, or as shown on the approved site plan, and a five
foot wide landscape strip. Evergreen trees shall be provided within said strip with a
minimum spacing of 30 feet on-center as well as plants along the wall that will
discourage climbing. Minimum tree size shall be 24-inch box species to be approved
by the Planning Director at time of submittal of a final landscape plan.
Provide a 15 foot wide landscape setback along Canter Way and Raintree Court. This
landscaping shall include 24 inch box evergreen trees (or tree groupings) with a
minimum spacing of 30 feet on center.
4. Provide a 15 foot wide minimum landscape setback along the Ming Avenue frontage.
Condition numbers 2, 3, and 4 ensure that the proposed project will be
compatible witt) the scale and character of the existing Ming Avenue commercial
corridor and the Copeland sports conditions of approval
No free standing sign`"; along Canter Way and Raintree Court except for directional
signs as regulated by 'the Zoning Ordinance, Section 17.60.080.
Condition number 5 ensures that the proposed project will be compatible with the
Copeland Sports conditions of approval
Exhibit "A"
GPNZC P00-0236
Page 3
The maximum sign height for signs located on the west sides of Shops (A) and (B) shall
be eighteen (18) inches.
This limitation on sign height will reduce the visual impact of signs on residences
located west of Restaurant A and Shops B and C,
Final development ptans shall be substantiaIHy consistent with preliminary plans and
incorporate all conditions of approval.
This condition will ensure compliance with the PCD ordinance and conditions of
approval
The applicant and Westwind Condominium Association have agreed to mitigation of
noise and pedestrian traffic by constructing a fence along the condominium's property
and that the appticant's share of the cost of construction is $20,000. Proof of the
developer's payment of it's share of the construction cost into the appropriate escrow
account or to the homeowner's association shall be delivered to the Building Director
prior to issuance of any building permit for this project.
TRAFFIC STUDY
Traffic Study Mitigation Measures
Traffic study mitigation measures must be incorporated into the project. Such
mitigation measures a~re shown on the attachments titled Tabge No. 4 Mitigation
Measures, Table No. 6 Mitigation Measures and Table No. 7 Mitigation Measures.
PUBLIC WORKS
The site development plan shows two accesses proposed along the Ming Avenue
frontage. Combine these into one entrance, with radius returns and a right turn lane.
A right turn lane is also required along the project frontage from Ming Avenue into
Canter Way.
Participation is required for the future construction of a right turn lane from Ming
Avenue into Raintree Court. Said share shall be 50% with the amount to be
determined by an approved estimate.
With the first development or dMsion
a. Dedicate and construct right turn lanes on Ming Avenue at Canter Way and at
the one access into the site from Ming Avenue.
Exhibit "A"
GPNZC P00-0236
Page 4
Submit an engine. er's estimate to the city engineer for his review and approval
for the right of way and construction of a right turn lane on Ming Avenue at
Raintree Court. Pay the proportionate share based upon that approved
estimate.
Raintree Court and Canter Way shall be capped, repaved, or reconstructed as
directed by the City Engineer.
Raintree Court and Canter Way shall be constructed to full width standards,
including minirnum 5.5' wide sidewalks and installation of street lights as
directed by the City Engineer.
As approved by the City Engineer, make provisions for stormwater drainage
from the site, which may include extension of a storm drain system to pick up
the drainage from this site.
5. Upon issuance of a building permit, pay
Local Miti~lation Measures - Year 2020 - project proportionate shares of the
following improvements:
Ming Ave at New Stine Rd, add east bound and west bound left turn
lanes, 3.15% share of $295,000 equates to $9,292 project share
Ming Ave at Stine Rd, add east bound, west bound, north bound and
south bound left turn lanes, 0.71% share of $480,000 equates to $3,408
project :share
Ming Ave at So. Real Rd, add east bound and west bound left turn
lanes, 0.79% share of $264,000 equates to $2,086 project share
California Avenue/New Stine Road at Stockdale Highway, expand to full
expanded intersection standard, 0.39% share of $1,000,000 equates to
$3,900 project share
Total $18,686
It should be noted that the study showed that 4 intersections were found to
degrade below either LOS "C" or their current LOS (if already below LOS "C") by
year 2020. Only the first 3 intersections of the 4 listed were shown to be
mitigated reasonably, Ming Ave at New Stine Rd was improved from LOS "E"
to "D", the other 2 from LOS "D" to LOS "C". The fourth location, California
Ave/New Stine Rd at Stockdale Hwy was LOS "F" both with and without project
even with the intersection fully expanded to City standards.
b. Phase II Regional Transportation Impact Fee (RTIF) Mitigation
We recommend that the the regional fee be paid in accordance with the current
fee schedule (79 trips per KSF x 71.5KSF x $60/trip yields a fee of $338,910).
Exhibit "A"
GPA/ZC P00-0236
Page 5
The study distributed project traffic over all the regional facilities in the project
area and determined project share of the RTIF according to current
methodology. Based upon the study, the fee computes to be $19,597 which
equates to $274.08 per 1,000 SF. The computed fee is substantially lower than
computed by and we submit that the currently CounciB adopted fee schedule
may be more appropriate based on the following reasons:
The fixed rises are City wide averages, whereas an "independent fee study"
is performed based on specific project impacts, which is appropriate for
large scale regional projects but not for small ones, such as this one. It only
produces 3;,840 new daily trips. A small project's trips dissipate too rapidly,
hence averages, based on aggregate (or cumulative impact) of many
projects are more appropriate. Independent studies for small projects
should only be for the purpose of contesting the trip generation rate.
(b)
This project is located in an in-fill area of the metro area, hence the regional
impact facil[ities list has few facilities in the limited influence area of the
project. This will result in fewer facilities being affected.
Any site plan or subdMsion map to be submitted shall show all existing median
openings, drive approaches and streets and drives on the opposite sides of the streets.
The applicant shall request formation of a maintenance district and pay all applicable
fees.
S:\Dole\P00-0236\Conditions Revised-1 .wpd
July 11, 2000 (9:24AM)
EXHIBIT B
Proposed General
Plan Amendment
HMR to GC