HomeMy WebLinkAboutRES NO 59-98RESOLUTION NO. ~ 9 ' 9 8
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT CASE NO. P97-0888),
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, MARCH 16 and THURSDAY, MARCH 20, 1997 on 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-one (21) calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
Westrust Asset Management has applied to amend the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Public/Private School to General
Commercial on 1.76 acres generally located north of Stockdale
Highway approximately 1,000 feet west of California Avenue;
and
WHEREAS, for the above-described amendment, 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 mitigations 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 City staff and the Planning Commission; and
WHEREAS, by Resolution No. 35-98 on March 19, 1998, the Planning
Commission recommended approval and adoption of this General Plan Amendment subject to
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
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, APRIL 22, 1998, on the above described 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 notices have been given.
ORIGIN/,L
2. The provisions of the California Environmental Quality Act (CEQA) have
been followed.
3. The proposed project will not have a significant effect on the
environment.
4. Mitigation measures as shown on Exhibit "A" are included in the project
to ameliorate impacts.
5. The proposed General Commercial land use designation is compatible
with both existing and proposed land uses and zoning in the vicinity.
6. The proposed type and intensity of commercial development is consistent
with surrounding patterns of existing and planned land uses.
7. The proposed commercial designation is consistent with the level of
circulation access and public services presently available in the area.
8. The proposed commercial designation will provide for the orderly
development of the parcel in conjunction with adjacent existing commercial uses.
9. 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 Fish and Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-referenced 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.
2. The Negative Declaration 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 received, accepted and approved.
ORIGINAL
4. The City Council hereby approves and adopts General Plan Amendment
Case No. P97-0888, a 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, for property generally located north
of Stockdale Highway approximately 1,000 feet west of California Avenue, subject to mitigation
measures shown on Exhibit "A".
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City o~J~akersfield at a regular meeting thereof held on
APR 2 ~ ~ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McOERMOTr, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNC!LMEM~ER
ABSTAIN: COUNCILMEM6ER
,U~SENT: COUNCILMEMBER
CITY CLERK and Ex Offic~ Clerk of the
Council of the City of Bakersfield
APPROVED ~.?R 2 2 1998
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: ~
MJM
March 26, 1998
0888/rgpa-cc
EXHIBIT "A"
Concurrent General Plan Amendment/Zone Change P97-0888
Recommended Mitigation Measures
A O,~,ified arcaaeoiogist shad be present ;norto beginning any gmuno disturoing
acav~es. and shall remain aunng ~e entre excavaaon process aunng ~evempmeat
stages_ for monitoring purposes. Should any. ct~tura~ resources be uneanheo dudrxj site
pmpam~on actNifies vathin the project a~ work in the area of the find st'all be halted. A
~ archaeologist shall be retainea az the appticar~s expense to eva~uaze the
findings and recommend any necessary m~gation measures. These measures shall
be reviewed by the Southern San Jcaaum Valley Archaeological Information Center at
CaY8orma State Universn'y, Bakeinfield (AIC}. Pdor to ~suance of graamg or Dullcrmg
parting. written proof of comm~nce with a~nf recomrnenaa~dons resulting from such
ewatua~n, if required. shall be subm~ed to the AtC aria to the C'~ of Bakeinfield
Devesooment Services Department.
Public Works Department:.
o
The ~-affid stuay submitted ana,.'yzes the om!ect share of local m'~dgation only. In
add~m to local mitigaaon aesc:nDea in suz:~-~uent cond'~dons this pre.~;c~ snail still be
recp. m~l to pay the Phase II Regional Traffic Impact fees (RTIF) per the fee schedule
estab~shed by the City Council.
Two ~:~sses are proposed w~ the wesmrly one shown with a right turn decelem'don
lane and the easterly access shown with a restzicted left turn lane [left in only) but
mlfx)ut a dght turn deceterat~on lane. We have established warrants to determine when
right tt~n dece~'afion lanes are needed. 25 peak hour nght turns or more is the catefta
for tt~s street (45 MPH or greater cles~gn soeed. 6 lanes required by 2010~.
Basea uDon warrants and the Drmamrcy of the l~ol~:~a easterly _acce__ss to an existing
-a~,e~ east of the site into ~ Stockdale Village we recommend it be eliminated and
one ce~bal access be required. The a-,.~s shall be constructed ~ 2(7 raaius returns.
a right tum dece~-aL~on lane. and a median break allowing left in but no left out. 'l'he
median shall be re-constructed to current sl~'~dards and shall co~t~ue providing for the
wes~tx~und to eastbound U-turn west of the site.
Let it be noted. we have received a FAX from the project Engir, cc.- showing a proposal
to e~,nmate ~ aforementioned access irm3 Stockdale V'aage arm move it easterty to
ag!:roximately align with the -a~,ceas into the Post Office. One or more warrants have
been met as per review of fi~e Traffic Engineer:. the~-e;ure. this access shaJl be
oves-ai traffic system oparation and will provide better a--~,~ess to the U.S. Post Of~ce
~, the signal is not considered to be a 'vanity' signal and a maintenance distri~ witl
n(X be required.
A signal s~tion study s~atl be su~nitted to include all ~
Highamy from Real Road to the Town and Country s~jnai west of
, ,RIG,NAL
Exhibit
P97-0888
P.age 2
4. P .n3~ share of m'mgaaon - Road segments.
Intes'secaons as ~ as roadway segments were ana~zea for required m'rdgaaon. Two
roadway segments along Stocxaate H~hway are shown to require aad'~ciona laneage by
the year 2008 both w~ and w~hout pro.~-~t traffic. Th~s w~dening is provided for as part
of the RT1F program and the~e~ure no additiona~ local fees are rea~rea.
5. Proje~ share of mmgat]on - Intemecti~ns.
The fot~wing intersec=ons were iden~ed as reauidng m 'rdgation beyond that provided
for by the R'I'IF program due to expecmd growth. In no case does the edd'~don of
prafec~ further aegreae the Leve~ of Serwce once the m'~jafion is m place. We
recommend the applicant pay me proDoraonate snare of the cost of these
improvements. The costs snau be basea upon a!3provea estimates prel~'ed by the
pro~c~ engineer.
S~ Highway at Califom=a AvenuesNew StOne Road 2.07%
(A~d dedicated eas~ound arx3 northbound dght turn lanes. modify s~jna~ to provide
sou~t~ound right turn overlap)
Stoc~r~e Highway at Gosfom Road 0.41%
(Widen intersection to full expansion per C~y standards)
Sti3cicdaJe Highway at Real Road 0.51%
(Add dedicated northbound and southbound right turn lanes)
Prior to ~ssuance of a building permit. the following fees snail be paid:
a) ~ above-mermonea ~ styare of mragatJon.
b) sewer c~nnec=on fees ~aid at the rate in effec~ at the time of issuance of ~
permit_
Er~ improvement plans for all ~l,~-et iml:xovements. inctuclJng [~a~c s~gnal
insl~llatX~, shall be provided for the City Engineers review and approved.
The developer shatl e~her provide modian island landscaping or pay the proporti~3te
share of the costs for median island landscaping.
o
The ~ shall be inciuded within the consolidated maintenance district. and the
developer shall pay all required costs and provide all required information.
10.
A ~b~e[ permit shall be obtained from the City Engineer prior to any constru~on ~
pubac nghts of way. A depos~ in the amount of the estimated costs of the
improvements shall be Dosted prior to ~ssuanca of the ~beet perm~
11.
AI ~u~ improvements shall be completed by the devetooer prior to occupancy of any
P97-~88E
P_age 3
Site Plan Review Conditions
Building Department:
12_
The aRecant shall submit 4 co!~es of greding plans and 2 copies of the preiiminary soils
reoort to the Bu'~ling Division. You must submit a final sods report to the Building
DivisK)o before they can issue a building permit.
13.
The 'ap!~icant shatJ in~ude fire resisdve wall construction cierails with the final I~g
pians for all exterior walls of any building that are within 20' of property lines if it is
cc~man3al, or 5' of proper~ lines if it is residential
14.
Incrude with the final site plan ¢ocumemation or changes to the p~n snowa~ that the
.prqect complies w~th all disability, reouzrements of 3-~e 24 of the State Bta~,mg Code.
15.
The a13piicant shall obtain all re~uire~ approvals from the Kern County EnvironmantaJ
Health Se~,ices Depam'nent (2700 "M" Street. Bakersfield. CA; Ph. 805/862-8700) for
any foo(3 handling facility, (ie. market. Ceticatessen. cafe. concession. restaurant) before
I:~iding permits can be ~ssued.
16.
S~uctums exceeding 10.000 souare feet in area shall be constructed to include an
autommic fire Sl~'mlder system.
17.
Business id~q~r~aiion s~jns are not considered nor approved under this review. A
sem.'a~ revmw and sign permit from the Building Division is required for aii new signs,
including future use ar~ construction s~ns. Signs must comply wi~ the Sign
18.
The Building Division will assess school district fees at the time they ~ssue a buiicrmg
permit
P!anninp Deoar~ent=
19.
The m'mmqum parking required for this project has been computed ba_?J on use and
shaii be as follows:
20.
USE:
Re~a~ Commercial
S~UARE
FOOTAGE:
49.260
PARKING REQUIRED
RATIO: PARKING:
1 sbece~300 s~.fL
164 spar,e~_ _
NOTE: 289 parking spaces proposed on site plan.
~ ~ shall suomit one ~,1) copy of a tanclscape ana speca~atxm for irngaJon too~(
the Plarnng D'ntision, an~i inctuoe a copy of these plans with eac~ set of the final pim~.
Mtracipal Code (Section 17.53.061 - attacfied). EA~ding permits will not be issued un~0~;°I'~ -
1397-0888
P_age 4
the F~anning Departmere has s,oproveo the lanoscape man for consistency with
'maUreen ordinance stanciaros.
21.
Ap~ lan(tscaping an~ pancmcj shall be instaJJed an~ inspected before finaJ
cocuoancy of any building or s~e. Inspecoons are maoe cn Fridays. Please call Dave
Reize~ {805/326-3673) or Lo~se Palmer (805/326-3680~ '.o schedule an a!3pointment
before the Fdday you want your mspecaon.
23.
A sold masonry wall is requu-eo to be consa'ucteai adjacent to res'~ntiaily zoned
property by the Bakersfield Murucapal Coae (Secaon 17.24.050D.) as indicated by staff
on the returned site plan. This wail mus~ be shown on the final plans and constructed a
rninimt~n height of 7 fee~ as measured from the nighest a0jacent finished grade.
Park~g lot lighting is requireo by the Bakeinfield Mun',3oal Code (Sec~on 17.58.060A).
Lights shall be designecL a~. ar~ shielded to refie~ light away from aajacent
residential properties and streets_ All r.3ht ~tures shall be between 15' and 40' above
grade with illumination evenly r~bibutecl across the paridng area. Lighting direction and
type of ~ght fixture shall be ShOWn on ~e final site plan or inctuded wi~ the building
rems.
24.
Our rec¢~s show your project is contained on more than one parcel. Please provide
evidence that the parcels have r~en men:jed into a single lot. Evidence of a legal lot
merger shall be one of thee following:
Provide a copy of a grant deed recorded before March 4. 1972 where the legal
description ide, i~;;es ad ~ parcets as one ldL (Note: A,-~e-~o~sparcel
~[orrna~on is not acceorable sznce me Assessor ooes verify legaaty of lot&)
Provide a copy of a recorcied parcel map, subd'n/ision map, or cegnficate of
compliance showing the property as one lot.
25.
The ap~nt shall file with the Plarmmcj Division a copy of a recorded mad or other
instnsnent that ensures that cLrtve aisles, paldng, and a~-~-~_-s is shared in com~ wiU1
~ properties.
26.
Rooftop areas of commercial Ixa~dings (eg. office. retail. restaurant, assembly, hotel,
hospital church, school) shall be completmy screened by pampers or other finished
arctd~ctural features constnJcted to a height of the highest equipment, unfinished
stnx;tzrat element or u.F. dshed an:hitecturaJ feature of the build'rag.
Fim Department
27.
Show on the final site ~ all fire tanes as indicated by s~; on the returned site plan.
Spacing between each sign identifying the fire lane must also be ~ on the final 011~AK~r
mees miamum The ap ant sha I ns
P97-0888
Page 5
28.
Shc~ on the final site plan ~ on-site fire hycirant locations and required fire flows.
Basea .upon avaJJable information. the fire flow requu-emem may be 3.500 gatIons pe~
29.
To provide adecluaze tim proiecaon aunng construe,on. the applicant shall instal four
fire hydrant(s) as shown by ~[a;;* on the returned site plan. or provide an alternative fire
st~3mss~on program as approved by the Fire Department before final site plan
a~. The applicant is re~dued to purctmse all fire hydrants fTom the Fire
Department.
The applicant shall give the Fire Departmere one set of the engineered water plans
before ~'e issuance of any 13~ilding permit.
31.
The appiicam shall ccaliact the Fire Safety Conbul 'Dwisicm. (1715 Chester Avenue,
S~te 300, Bakeinfield. CA: Ph. 805/326-3951) for fire and safety requirements. Please
provide one (1) site plan arm one (1) floor plan to the Fire Marshal before beginrmcj
constzuc~on. Staff wiii also ~ssue gu'~etines for automatic sprinkler system fire
depa,-'m-ent connections (FDCI ~f spnnlder systems are required.
The applicant must request an inspection of any underground sprinkler feeds at least 24
hours before they are bude(:i. The Fire Safety Co~,bui Division (1715 Chester Avenue,
S~te 300. Bakersfield. CA; Ph. 805/326-3951) must complete all on-site ~ of
fire s~ sy~[erns and fire aJarm systems before any building is occur.
AI sheets and access matts to and around any building under construction must be at
leas[ 20 feet wide. contain no vettide oi0strucaons. anti be gradeei to prevent w-,aer
pcmcJing_ Bamcaoes must be piaceci where ditches anc~ bamers exist in or c~oss
roaoways. Emergency. vehicle access must always be teaable.
4.
Yellow saipes shall ide, iJ~y areas next to all Fire Department connections a__r'corcFmg to
b'e Bakeinfield Municipal Code (Section 15.64.140 d.).
T.. ff;,c Engineering:
*am,
35. Leng~ d~,,ensmn for parldng stall is insufficient for alignmere shown. Change to 23.2'
'~ Changing paddng abgnment to interlocking module as shown on City of
Bakemaeld Stanaam T- 10 is suggested.
36. Paidrig spaces parallel to west property line shall be g' x 22' miramum.
Solid Waste:
37.
Show on the final plan one. 8' x 20' refuse bin location(s). Before occupancy of the
consma=ed on the site a___,'~m'~xj to the a~opted city standards (Detail ~-43).
38. Show on the final plan one compactor roll-off bin location(s).
39.
~ ~:ling permits can be ~ssued or won( begins on the propertT, you must contact
the s~';' pemon above to establish the teve~ and type of serwce necessary for the
c~:~ectJon of refuse and/or recyc~-~l materials.
ac~ties that re~JJre mfec~ous waste serwcas si-~il obtain approval for separate
infectious waste storage areas from me Kern Co~t'y Health Department. In no
instar, ce~___ shall the refuse i3m area be used for infec~ous waste containme~ p~poses.
41.
Facilities that require grease containment must provide a storage iocatmn t~hat is
sel~a-~.- from the refuse bin Ioca~on.
42_
F 'ac~ that paracipate in recycling operatrans must provide a Ioc~'uon that is separate
from the refuse containment area.
The Sora:l Waste Division w~il determine appropriate serwce tevels for refuse collection
requital for a pmjecL The teveis of serwce are based on how often coiiection occum as
foaows:
· Can or ca~t se~ace -
· Front loader bin sennce -
· Roll-off compactor service -
I cubic yard/week or tess
I cubic yard~;.~__.'; - 12 cubic yards/day
More t/~an 12 cubic yards/day
GENERAL PLAN AMENDMENT
P97-0888
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