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HomeMy WebLinkAbout10/08/04 B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM October 8, 2004' TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager /~7-L~ SUBJECT: General Information 1. I have decided to open the Development Services Director position on a local basis only. The key elements of the process are likely to take place in November. That schedule should allow for an immediate transition when Jack Hardisty retires in late December. 2. I will be out of the office at the City Management Association meeting in San Diego on Monday and Tuesday, October 18th and 19th. 3. The Wayside Spray Park will be closed for the season, as of Monday, October 11th. There has been very positive reaction to the new spray park since it opened on August 16th. 4. As you were notified by mail, apparently the Kern Transportation Foundation is suspending its activities, for now, on the half-cent sales tax. It was very clear at the joint meeting that both the City and County staffs and elected officials believe maintenance is a critical element of any plan to ask the taxpayers to support. I have asked the Public Works Director to do a memo responding to the letter sent to you by Mr. Mclntosh. 5. Truxtun Avenue has turned green, along with N Street. A ferris wheel and merry- go-round are in place for the Bakersfield Business Conference to be held at Centennial Garden on Saturday. It will be a unique event for the Garden. 6. Lowell Place, the senior housing project we assisted that is located adjacent to the Senior Center, had its grand opening this week. 7. The list of employee "High Fives" for the third quarter of 2004 is attached for your information. The City is very fortunate to have so many employees who have gone above and beyond what is expected of them. Congratulations to all those who were recognized for their exceptional efforts. 8. EDCD has received a grant from PG&E to fund business workshops and related assistance for the Old Town Kern redevelopment project area. The program is intended to stimulate commercial revitalization. A similar grant from PG&E was provided to the Southeast project area last year. Honorable Mayor and City Council October 8, 2004 Page 2 9. Responses to Council requests are enclosed, as follows: Councilmember Hansen · A report from Development Services regarding Board of Zoning Adjustment approval of a recreational vehicle park along the Kern River; Councilmember Sullivan · Explanatory information for Proposition lA. At:rs cc: Department Heads Pam McCarthy, City Clerk Trudy Slater, Administrative Analyst RECEIVED ~ ~- 7 2004  C~TY MANAGER'S OFFICE~' B A K E R S F I E L D Department of Recreation and Parks Date: October 7, 2004 To: Alan Tandy, City Manager From: Alan Christensen, Director Recreation and Parks ~/ Subject: Wayside Wet Playground - Closing for the Winter We will be closing down the operation of the wet playground at Wayside effective Monday, October 11, 2004. Signs have been posted around the wet playground notifying all user's of the winter closure. It will re-open operation in the Spring, 2005. The wet playground has been open since August 16, 2004. During warmer weather staff witnessed an average of 20-30 kids using the facility daily. And we have had compliments from residents from the neighborhood about how much they enjoy the facility. B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM October 8, 2004 TO: Honorable Mayor and City Council FROM: Rhonda Smiley, Administrator Employee Incentive Committee SUBJECT: Employee Incentive Program The Employee Incentive Committee is happy to provide the list of High Five Award recipients for the third quarter of 2004. The winners of the random drawing are noted in bold. All of these individuals were recognized by their peers, supervisors, or members of the public for exceptional work and/or customer service. Each recipient is automatically inducted into the "High Five Club" for the fiscal year, and is also recognized monthly on each department's communication board and on the City's intranet page. We applaud these individuals for a job well done! Attachments 2004 HIGH FIVE AWARD July, Nominee Title Dept Date Nominated by Comments 1 Baier, Babette Secretary I PD 07/12/04 Clayton, Whitaker Very patient with new staff, which led to a smooth transition. 2 Beard, Patty Planning Tech Dev Svcs 07/12/04 Trudy Slater Helped submit specialized documents, which took skill, knowledge and time. 3 Cecil, Jeff PD Lab Tech PD 07/26/04 Cathy Kibbey Works very hard, with no complaints. 4 Choate, Steve Engineer I Water 07/13/04 Florn Core Quietly and without hesitation picked up extra duties; ~loes above and beyond. 5 Estrada, Don Maint. Craftwrkr Rec & Parks 07/30/04 Terry McCormick Took initiative to help out someone else, and did a great job. 6 Garcia, Eddie PST PD 07/22/04 Jamie Polm Went out of his way to help a citizen in need. 7 Greene, Rudy SW Equip Oprtr PD 07/28/04 Sal Moretti Volunteered to conduct safety and operations training for drivers. 8 Haddad, Manar Acct. Clerk EDCD 07/28/04 Rhonda Barnhard Dedicated to her work; took a positive approach to a complicated task. 9 Hurtado, Doretha Dispatcher PD 07/08/04 Aaron Stringer Went above and beyond with assistance to officer. 10 Judson, David Tech. Svcs Supr IT 07/14/04 Alan Tandy Handled all the computer/technical coordination for State of the City. 11 Kennedy, Mike Asst. IT Director IT 07/14/04 Alan Tandy Handled all the computer/technical coordination for State of the City. 12 Lewis, Irma Clerk Typist PD 07/09/04! Melissa Cejka Very thorough with her assistance. 13 Mercado, Sam Supervisor Pub Wks 07/21/04 S. Hollingsworth Thru his leadership, General Services reduced person injuries by 37%. 14 Powers, Am~/ Clerk Typist PD 07/02/04 Melissa Cejka Dedicated to Records section of PD; hard worker. 15 Pruett, Kimberly Clerk Typist PD 07/09/04 Melissa Cejka Always diligent in completing assignments; very helpful. 16 Rene, Kristen Sr. Records Clerk PD 07/02/04 Melissa Cejka Takes on additional responsibilities; fills in for others who are out. 17 Romero, Armando Svc. Maint. Wrkr Pub Wks 07/30/04 Terry McCormick Dropped what he was doing to help out someone else. 18 Salmon, Stephanie Clerk Typist IT 07/22/04 Tricia Richter Great customer service. 19 Stephen, Cherie Acct. Clerk II Rec & Parks 07/26/04 Terry McCormick Assisted a fellow employee with great follow-thru. 20 Stokes, Rebecca PD Lab Tech PD 07/26/04 Cathy Kibbey iWorks very hard, with no complaints. 21 Wade, Destinie PD Lab Tech PD 07/26/04 Cathy Kibbey IWorks very hard, with no complaints. 22 Wines, Howard Haz Mat Spec. Fire 07/24/04 Matthew Moore Excused himself from class to handle a hazardous spill; very dedicated. 2004 HIGH FIVE AWARD August Nominee Title Dept Date Nominated by Comments , .......... ~ ISW Equil, Oprtr I Pub Wks , 08/02/04,Kevin Barnes ,Found a problem, that, when fixed, extended life of equipment. 2 Beard, Patty Planning Tech Dev Svcs 08/13/04 Amber Lawrence Helped out with last minute rush job. 3 'Burns, Dolores Clerk Typist Fire 08/02/04 Bonnie Bradshaw Came to the aid of a run-away who was injured. 4 Cantrell, Mike Lieutenant PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 5 Cher~.ebaeff, Sam Acct. Clerk HR 08/24/04 Coleen Blair Always helpful and friendly. 6 Cherry, Jim Engineer Fire 08/04/04 Capt. Weber Helped out a citizen with a flat tire, while on duty. 7 Chichester, Susan Business Manager Fire 08/25/04 Karen Powers Went out of her way to help someone from out of town. 8 Colitti, Jeff Net. Sys. Analyst IT 08/13/04 Janet McCrea Persevered to fix software problem; kept a good attitude; great customer service. 9 Dow, Dave Asst. Planner Dev Svcs 08/19/04 Rhonda Smiley Professional; efficient; always comes through; an asset to the City. 10 Duey, Kade Dev. Associate EDCD 08/12/04 Rhonda Barnhard Shows a willingness to step up and assist others. 11 Eng, Jennie Assoc. Planner Dev Svcs 08/13/04 Amber Lawrence Helped out with last minute rush job. 12 Feola, Chris Officer PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 13 Gholston, Kellie Dispatcher PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 14 Gonzales~ Michelle PST PD 08/24/04 Tim Taylor Went above and beyond in her assistance of an elderly citizen. 08/24/04 Mary DeGeare Went above and beyond in her assistance of an elderly citizen. 15 Hale, Mike Officer PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 16 Haven, Dawn Acct. Clerk Finance 08/20/04 Dani Smith Helped out with payroll situation. 17 James, James Officer PD 08/16/04 Mary DeGeare Rec'd letter of appreciation from Kern County District Attorney's office. 18 Jones, Rachelanne Clerk Typist PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 19 Kuo, Homer Prg / Analyst IT 08/25/04 Tim Taylor Re-created critical database, making it possible to capture revenues. 20 Lesh, Steve Supervisor Pub Wks 08/17/04 Stuart Patteson Spent a great deal of own time on critical project; reached a successful conclusion. 21 Lewis, Irma Clerk Typist PD 08/10/04 Tanya Nousch Pitched in to help the 24-hour desk; team player. 22 Martinez, Jodi Dispatcher PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 23 Mendoza, Angelica Clerk Typist PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 24 Moore, Matt Batt Chief Fire 08/19/04 Dolores Burnes Goes above and beyond in job and off time; extensive community involvement. 25 Morris, Sandy Comm. Svc Spec. PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 26 Paquette, David An. Ctrl Supervisor PD 08/11/04! Mary DeGeare Volunteered to help underpriviledged children with shopping event. 27 Peterson, David Net. Sys. Tech. IT 08/04/04 Maria Mojica Professional; dependable; knowledgeable. 08/13/04 Janet McCrea Persevered to fix software problem; kept a good attitude; great customer service. 28 Phoenix, Patti Secretary PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 29:Ramming, Arnold Civil Eng. IV Pub Wks 08/20/04 Dani Smith Took time out of his busy schedule to make someone else's job easier. 30 Reitz, Linda Clerk Typist PD 08/09/04 Lucia Salinas Goes the extra mile to help out where needed. 31 Sack, Elaine Acct. Clerk Finance 08/20/04 Dani Smith Very helpful; made herself available for questions. 32 Salinas, Lucia Clerk Typist PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 33 Scudder, Rachelle Dispatcher PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 34 Shihrer, Nichole Dispatcher PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 35 White, Faye Alarm Tech. PD 08/25/04 Tim Taylor Re-created critical database, making it possible to capture revenues. 36 Williamson, Gre~l Lieutenant PD 08/11/04 Mary DeGeare Volunteered to help underpriviledged children with shopping event. 2004 HIGH FIVE AWARD September Nominee Title Dept Date Nominated by Comments 1 Aflague, Annette Dispatcher II PD 09/12/04 Belinda Rowland Has done a fine job working under pressure in the Comm Ctr. 2 DeGeare, Mary Detective PD 09/17/04 Debbie Halle Always concerned for others; makes sure they are recognized. 3 Dossey, Richard Officer PD 09/15/04 Sgt. Hutton Exemplary actions led to additional arrests. 4 Goddard, Jeff Bldg. Insp. II Dev Svcs 09/14/04 Eddie Faires Went out of his way to help resident, on own time. 5 Hluza, Cindy Acct. Clerk II Water 09/30/04 Terry McCormick Helped out an employee from another dept to make job easier. 6 Lawson, Wayne Ping Tech Dev Svcs 09/01/04 David Walker Always happy and helpful to customers; consistently good. 7 Looney, Brian Officer PD 09/15/04 Sgt. Hutton Exemplary actions led to additional arrests. 8 Mancia, Pedro Laborer Rec & Parks 09/27/04 Joe E. Gonzales Rec'd notice of appreciation from citizen. 9 Manuel, Robert Hvy Eq. Oprtr Pub Wks 09/23/04 James Scrivano Knowledge and repair efforts corrected problem in short time. 10 Stowe, Pat Clerk Typist II Dev Svcs 09/08/04 Beverly Brown Always helpful to customers and fellow employees. 11 Wells, Jay Officer PD 09/10/04 Sgt. Stratton Consistently one of the most diligent officers on the force. B A K E R S F I E L D] Economic and Community Development Department MEMORANDUM October 5, 2004 TO: Alan Tandy, City Manage/\ FROM: Donna Kunz, Economic Development Director SUBJECT: Free Business Workshops & Assistance for Old Town Kern Annually, Pacific Gas and Electric provides a small grant program for local economic development throughout California. This year, staff submitted a grant request for funding business workshops and assistance for the Old Town Kern Redevelopment Project Area (OTK). We received notice today that we will receive $3,000 of assistance from the program. (There were 147 applications, requesting over $1.3M in funding, that competed for the $200,000 in available grant funds.) The City will contract with the Small Business Development Center to provide business instructors and counselors for approximately 12 workshops and to provide individual assistance to small businesses and individuals wanting to start businesses in the OTK area. Workshops should begin sometime in November. Staff will work with the SBDC to develop information flyers and a press conference/release to draw participants to the business workshops. These workshops and business counseling should continue to energize the commercial revitalization of the OTK area. Staff received a similar grant from PG&E in 2003, in which business workshops and counseling was provided to the Southeast Project Area. S:\CHARLES~PGE Small Bus Grant,AT memo - OTK grant award.dot B A K E R S F I E L D MEMORANDUM TO: ALAN TANDY, CITY MANAGER FROM: JACK HARDISTY, DEVELOPMENT SERVICES DIRE DATE: October 6, 2004 SUBJECT: TRAILER PARK ALONG KERN RIVER Council Referral No. REF000942 ICOUNCILMEMBER HANSON REQUESTED MR. HARDISTY PROVIDE HIM WITH INFORMATION ON A TRAILER PARK ALONG THE KERN RIVER. On July 13, 2004, the Board of Zoning Adjustment approved a conditional use permit for a 160-space recreational vehicle park along the north side of the Kern River across from Yokuts Park at 3715 Burr Street. Attached is a copy of the Board's resolution with conditions, minutes, staff report, zoning map, and site plan. JH:djl CC: Jim Eggert, Principal Planner Attachment RESOLUTION NO. 04-14 RESOLUTION OF THE BOARD OF ZONING ADJUSTMENT OF THE CITY OF BAKERSFIELD APPROVING A CONDITIONAL-USE'PERMIT TO ALLOW A 160 SPACE RECREATIONAL VEHICLE PARK, INCLUDING AN OFFICE, RECREATION ROOM, SWIMMING POOL, AND OTHER AMENITIES 1N AN M-1 (LIGHT MANUFACTURING) ZONE LOCATED AT 3 ? 15 BURR STREET (CONDITIONAL USE PERMIT NO. 04-0493 - FORMERLY 04-0503) WHEREAS, Uhles and Poteet Investments, filed an application with the City of Bakersfield Planning Department requesting a conditional use permit to allow a 160 space recreational vehicle park, including an office, recreation room, swimming pool, and other amenities. This site is 9.89 acres and is located at the southerly end of Burr Street along the north side of the Kern River on an elevated site. The site is zoned M-1 (Light Manufacturing), M-1-FP-S (Light Manufacturing- Floodplain Secondary), A-FP-S (Agriculture- Floodplain Secondary), and AzFP-S (Agriculture- Floodplain Secondary). On the Metropolitan General Plan, the site is within the LI (Light -Industrial) and OS (Open Space) designations; and WHEREAS, the Board of Zoning Adjustment, through its Secretary, set TUESDAY, July 13, 2004, at the hour of 3:00 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before them on the proposal, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, a public hearing was held before the Board of Zoning Adjustment on said date, and testimony was received only in support of the project; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment; 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 was prepared and posted on June 10, 2004, in accordance with CEQA; and WHEREAS, the City of Bakersfield Planning Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which approval of the environmental determination is based; and WHEREAS, the facts presented in the staff report, initial study, and evidence received both in writing and by verbal testimony at the above referenced public hearing(s), support the findings contained in this resolution; and S:IBZ4_SPRICUPI2004104-0493 (04-0503)lResohttion.doc Page 1 Page 2 WHEREAS, at the.above mentioned public hearing(s), the proposal was heard and all facts, findings regarding the proposed project: 1. All required public notices have been ~ven. Hearing notices reg~ding the proposed project were mailed to propeay owners within 300 feet of the project area and published in a local newspaper of general circulation 30 days phor to the he~ng. 2. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures have been followed. An initial study was completed. A Negative Decimation was prepped and properly noticed for public review. 3. A Negative Declaration for the proposed project is the appropriate enviromental document to accompany project approval. In accordance with CEQA, staffprep~ed an initial study for the proposed project and indicated that the project will not si~ificantly impact the physical environment. 4. The project must be ~anted a "de minimis: exemption with respect to the pa~ent ofFish ~d Game Section 711 fees. 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 pu~ose of documenting signific~t effects, it is the conclusion of the City as the lead agency, that this project will result in impacts that fall below the t~eshold of si~ific~ce with reg~d to wildlife resources and, therefore, must be ~anted 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 City's decision to prepare a Negative Declaration for this project. 5. The proposed use is essential or desirable to the public welfare. It is preferable to an industrial development that could occur by fi~t the M- 1 zone. A recreational vehicle p~k will have a similar impact on the fiver enviroment as a public p~k and place a large number of people within easy access of the Kern River and its trail network. 6. The approval of this proposal.is consistent with the pu~ose and intent of the City of B~ersfield's Zoning Ordinance ~d complies with the minimum required codes, policies and standards for development adopted by the City Council. A recreational vehicle p~k is a commercial land use. The Zoning Ordinance pe~its co~ercial uses within industrial zones. 7. The proposal is consistent with the goals, objectives and policies of the Metropolitan Bakersfield General PI~. The Kern River Element identifies this prope~y as pemitting industrial land uses and it pemits these land uses, within the secondau floodplain, subject to compliance with that element. ~is use is considerable less intense th~ ~ industrial use ~d its recreational nature is compatible with adjacent recreational uses along the Kern River. Page 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING ADJUSTMENT Ur' I'l"lg UII I Ur DAI'~I_31kOI'II..31-~I.~ o.a lVllUYVO, 1. That the above recitals, incorporated herein, are tree and correct. 2. That the Negative Declaration is hereby adopted. 3. That Conditional Use Permit No. 04-0493 as described in this resolution is hereby approved subject to the conditions of approval and any mitigation measures as contained in Exhibit On a motion by Board Member Leonard, the Board of Zoning Adjustment approved this resolution by the following roll call vote: AyEs: Kunz, Leonard NOES: None ABSENT: Rojas I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield at a regular meeting held on the 13th day of July 2004. DATED: July 13, 2004 CITY OF BAKERSFIELD BOARD OF ZONING ADJUSTMENT Chairman Page 4 EXHIBIT A Conditional Use Permit No. 04-0493 I. The applicant's rights granted by this approval are subject to the following provisions: · The project shall be in accordance with all approvedplans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. · All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. · This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. · This approval shall automatically be null and void one (1) year after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. · The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider under the revocation addition to or modification of any conditions if there is sufficient cause, including but not limited to, complaints regarding the project or that the conditions are not adequate for the intended purpose. · Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or .... demands'whatsoever against them, or any of them, before admiriistrative or jUdicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions ofthi s application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. Page 5. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. All structures within the 100-year flood plain comply with the development standards of FP-P (Floodplain-Primary) zone, section 17.44.030. 3. The owner/operator of the recreational vehicle park shall post signs, and verbally discourage patrons from trespassing on the property of the Cross Valley Canal. The operator shall contact the City of Bakersfield Police Department or another party that the operator and the Cross Valley Canal owners agree upon when recreational park visitors are observed trespassing or disturbing the water supply. 4. "On the final site plan and on all grading and improvement plans, the applicant shall clearly show " a certified delineation of the primary and secondary floodways. It shall depict both predevelopment and future development conditions." 5. Buildings shall be setback at least 90 feet from the primary floodway line as shown on the preliminary site plan. 6. All landscaping shall comply with the Kern River Element. The applicant shall install additional trees along the river frontage at a ratio of 1 tree per 20 feet. 7. The developer shall conduct a leakage test on the existing abandoned well on the site in accordance with the requirements of the State Division of Oil, Gas, and Geothermal ~ee~ k?,/tO/ot4- Resources. The developer shall be responsible for reabondoning this well and any other ~t-~re~a. related mitigation if required by the Division. This well shall be accurately plotted on the final site plan and any future maps. Any structure shall maintain a minimum setback of 10 feet fi'om this well. The developer shall provide a copy of a letter from the Division that the well has been properly abandoned or reabandoned before grading of building permits will be issued. 8. The developer shall install a 6-foot high chain link security fence along the entire boundary separating the project site from the Cross Valley Canal/pumping Plant right-of- · way. This fence shall be shown on the final site plan and be installed before final occupancy is granted. Page 6 III. The review process includes examination of the plans for consistency with the Bakersfield MuniCipal Code by the ~t~ rian R.~v ~w ~ummm~. J n~ ~um,~ need to resolve before you can obtain a building permit or be allowed occupancy. These items may include changes or additions that need to be shown on the final building plans, alert you to specific fees, and/or are 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 will know who to contact if you have questions. CONDITIONS AND ORDINANCE COMPLIANCE The following are specific items that you need to resolve before you can obtain a building permit or be allo~ed 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 sho~n on the final building plans, alert you to specific fees, and other comments that will help you in complying ~ith the City's development standards. The item ~ill note ~hen it is to be completed and each has been grouped by department so that you kno~ ~ho to contact if you have questions. A. DEVELOPMENT SERVICES - BUILDING (staff contact- Mike Quon 661/326-3676) 1. 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. Buildings within the floodplain shall meet the requirements in the municipal code. 2. 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. 3. 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. 4. The developer shall obtain all required approvals from the Kem County Environmental Health Se~ices Department (2700 "M" Street, Bakersfield, CA; Ph. 661/862-8700) for any food.handling facility, (ie. market, delicatessen, cafe, concession, restaurant) before building permits can be issued. 5. 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). 6. The Building Division will calculate and collect the appropriate school district impact fee 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 Parkin~ Shop 1,200 sq. ft. 1 space/100 sq. ft. 1 space Office 1,000 sq. ft. 1 space/230 sq. ft. 4 spaces Recreational Room 2,000 sq. ft. (guest use) 0 spaces Caretaker's Unit 1,200 sq. ft. 2 spaces/unit 2 spaces Laundry Facility 500 sq. ft. (guest use) 0 spaces Total Required 7 spaces (Note: 40 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum par]a'ng requirements) 2. Minimum parking stall dimensions shall be 9' wide x 18' long. Vehicles may hang over landscape areas no more than 2½ feet provided required setbacks along street frontages arc maintained, and trees and shrubs are protected from vehicles. 3. 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.). 4. 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 light poles, standards and fixtures, including bases or pedestals, shall not exceed a height of 40' 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. 5. Thc developer shall include a copy ora final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until thc 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). S:\BZA_SPR\CUPL2004\04-0493 (04-0503)\Resolution.doc Page 7 (NOTE: At the time a final site inspection is conducted, it is expected that plants twill matoh tho anoeion idontifled and be in.~ta!led in the locations consi, stent 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.) All plants must meet the requirements of the Kern River Plan regarding the use of native plant species. (Please refer to the attached Kern River Plan plant list.) 6. Habitat Conservation fees shall bc 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 thc 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. 7. NOTICE - This project is within an area of documented "known" den sites for the San Joaquin 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 BakersfieM Habitat Conservation Plan Implementation/Management Agreement Section 4.7.4 & Bakersfield Municipal Code ~15.68.070). 8. A Park Development and Improvement Fee shall be paid at the time a building permit is issued for the caretakers unit. We will base this fee at the rate in effect at the time the permit is issued. The current fee is $1,275 for each independent residential unit. 9. 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. 10. 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.) S:\BZA_SPR\CUP~2004\04-0493 (04-0503)\Resolution.doc Page 8 11. Areas used for outside storage (does not include vehicle parking areas which are required to ho p~,;o,4), ehall he tr~atecl with a nermanent al!mt binder or other permanent dust control measures consistent with the regulations of the San Joaquin Valley Air Pollution Control District. 12. 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. 13. 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.). 14. 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. 15. 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 stabilizer/suppressants to control dust emissions from disturbed area, 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). C. FIRE DEPARTMENT (staff contact- Dave Weirather 661/326-3706) 1. Show on the final building plans the following items: a. All fire lanes as identified on the retumed plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. b. 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. S:\BZA_SPRxCUP~2004\04-04O3 (04-0503)\Resolution.doc Page 9 c. Name and phone number of the appropriate contact person. 2. T~e de;,e!eper sh~u th,,,,, ,,~ tho finnl hnilclln~o plank 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. 3. 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. D. PUBLIC WORKS - ENGINEERING (staff contact- George Gillburg 661/326-3997) 1. The developer shall construct curbs, gutters, cross gutters, 5'6# wide sidewalks, and street/alley paving along Burr Street cul-de-sac 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. S:\BZA_SPR\CUP~2004\04-0493 (04-0503)\Resolution.doc Page I0 7. 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. 8. 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 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. 9. 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. 10. The legal description (ie. lot and tract number and/or assessor's parcel number) shall be shown on the final building plans. 11. The developer shall construct an offset cul-de-sac at the end of Burr Street per City of Bakersfield Standard ST-15. 12. All drainage shall be retained on site. 13. The access road shown on the site plan as "Burr Street extension" will be a private road constructed and maintained at the developer's expense. E. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) 1. Show on the final building plans 30 foot wide (top-to-top) drive approach(es) as indicated by staff on the returned site plan. Drive approaches must be centered on drive aisles. All dimensions shall be shown on the final building plans. 2. Show the typical parking stall dimensions on the final building plans (minimum stall size is 9 feet x 18 feet). 3. The private access road into the site shall be at least 24 feet in width. S:\BZA_SPR\CUPX2004\04-0493 (04-0503)\Resolution,doc Page 11 F. PUBLIC WORKS - SOLID WASTE (staff contact- John Wilburn 661/326-3114) 1. 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 thc 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 (sec Planning Division items). Levels of '. service arc 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 2. Show on thc final building plans 4, 6' x 8' (inside dimension) refuse bin enclosure(s) designed according to adopted city standards (Detail #S-43). Before occupancy of the building or site is allowed, 4, 3 cubic yard front loading type refuse bin(s) shall be placed within thc required enclosure(s). 3. 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 thc 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. This shall bc shown on the final building plans. 5. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. This shall be shown on thc final building plans. S:\BZA_SPR\CUP~2004\04-0493 (04-0503)'xResolution.doc Page 12 Minutes, BZA, 7/13/04 ~ ~ Page 4 4.A.2. PUBLIC HEARING- FILE NO. 04-0503 - UHLES AND POTEET INVESTMENTS HAVE REQUESTED A CONDITIONAL USE PERMIT TO ALLOW A -t 60-SPAGE--REC-REATIONAL-¥EH ICLE-PARK~-IN CLUDING-AN OFFICE~ RECREATION ROOM~ SWIMMING POOL~ AND O'l'ttE~ AMENITIES. THIS SITE IS 9.89 ACRES AND IS LOCATED AT THE SOUTHERLY END OF BURR STREET ALONG THE NORTH SIDE OF THE KERN RIVER ON AN ELEVATED SITE LOCATED AT 3715 BURR STREET. Staff report was given. Member Leonard referenced Item 7 which was added, and inquired if Staff added this item, or if the Board is to add this item. Mr. Eggert responded that it is Staff's recommendation to add based on the letter from the Department of Oil and Gas for the leak test on the abandoned well. Member Leonard inquired about the fencing, to which Mr. Eggert responded that it would be condition number 8 and would be based on item number 1 of the letter from Kern County Water Agency regarding replacing the existing fence along the canal with new 6' high chain link fencing. Staff indicated that it will go hand-in-hand with the posting of signs for security and safety reasons. Staff indicated that the last condition was on B15 which would be the standard for dust control. Public hearing opened. Caine Tosky, an environmental specialist with the Kern County Water Agency stated that they own and operate the Cross Valley Canal that this project is adjacent to. In their comment letter submitted, it was stated their main concern is the security issue. He stated the O&N Center is right there along with pumping plant number 7 that brings water in fi'om the California Aqueduct into the urban area for treatment, and therefore with the size of the facility they are concerned about the increased risk for security issues. Mr. Tosky stated they would appreciate the Board's consideration of their concerns. Denny Uhles, with Uhles and Poteet Investments, stated their goals was to' develop an upseale recreational vehicle park, and this piece of property seemed to be ideal being along the river, and offered an opportunity to turn a pieceof property that is somewhat of an eye sore into something they think would be real advantageous to the city. Mr. Uhles stated they can work out the fencing with Planning and the water company. Patrick Ryan stated he is familiar with this project, as well as Mr. Uhles. Mr. Ryan stated that Denny has done quality projects for years and years that have benefited Bakersfield, including one off of Norris Road, Iron Oak Estates. Mr. Ryan stated that his jobs are first class, and whatever he builds will be an asset to the community, and a good representation to out-of-towner R.V.er's that Bakersfield is a progressive town. Minutes, BZA, 7/13/04 3 ~ Page 5 Public hearing closed. Member--Leonard---inquired-of-~Mr:Eggert---as--to--the-requestffrom the-Water-Agency--for- paving over the easement, and where that easement exists. Mr. Eggert directed them to item number 2, up at the entrance that comes in around where it says pumping plant #7, and then you see a dark like driveway that of loops up and around. If you go into the site there is a dash line that cuts across the parking lot and then there's a pipeline that spurs off of that and runs almost parallel to the river; what the applicant has shown is that all of the area in there will be paved with asphalt, but they will be using a higher grade because of size and weight of the recreational vehicles. This should take care of the concerns of the Water Agency. Member Leonard inquired of the applicant, if there will be someone on the site 24 hours, to which applicant responded that there will be a manager's facility and 24 hour oversight. Member Leonard stated he thinks a great use of the site. Member Leonard moved to adopt the attached resolution with all findings and conditions approving the Negative Declaration approving Conditional Permit No. 04-0503 as depicted in the project description with the addition of item number 7 based on the letter from Department of Conservation where their asking to have the oil well verified that it has been properly abandoned; item number 8, addition of a 6' chain link fence along the project boundaries in between the canal and the project; and addition of Item 15, dust control mitigation measures be implemented per the letter of July 2nd from San Joaquin Valley Air Pollution Control District. Motion carried by the folloWing roll call vote: AYES: Kunz, Leonard. NOES: None. ~~.~LIC HEARING' - FILE NO. 04-0685- SHERMAN DEAN HAS QUESTED A CONDITIONAL USE PERMIT TO ALLOW THE CON~S'T-~UCTION OF A TWO STORY~ 2~400 SQ.FT. DUPLEX IN A C-1 {NEIGHBO~R'M~OD COMMERCIAL} ZONE OISTRICT LOCATED AT 4 KINCAID STR~~ Staff report was gi.vcn. Mr. Egg~t-r~.~mmended removing Condition E regarding alley gates since this proj~ proposin~g~t.es. Public hearing opened. Public hearing closed. PLANNING DEPARTMENT ST_a, gF R I JPORT wWW, cl. bak~,fflald, ca.#,g TO: Chair and Members of the Board of Zoning Adjustment FROM: Stanley Grady, Planning Director ~PROV~ DATE: July 13, 2004 ~ SUBJECT: Conditional Use Permit 04-0~: A Conditional Use Permit to allow a 160 space recreational vehicle park, including an office, recreation room, swimming pool, and other amenities. This site is 9.89 acres and is located at the southerly end of Burr Street along the north side of the Kern River on an elevated site. APPLICANT: Uhles and Poteet Investments OWNER: Fred Jones 100 E1 Paso Road 2700 Elm Street Bakersfield, CA 93314-3718 Bakersfield, CA 93301 LOCATION: 3715 Burr Street (APN #s: 332-220-46, and 332-240-45 and 47). RECOMMENDATION: Adopt the attached resolution with all findings and conditions, APPROVING the Negative Declaration and APPROVING Conditional Use Permit No.04-0503 as depicted in the project description. PROJECT ANALYSIS: Project Description/Facts The applicants have requested a conditional use permit to allow a 160 space recreational vehicle (RV) park, including an office, recreation room, swimming pool, and other amenities. The subject site is also subject to the goals and policies of the Kern River Plan Element (KRE) and is within the following KRE designations: 7.2 - Service Industrial; 7.2/2.5 - Service Industrial/Flood Hazard; and 8.5/2.5 - Resource Management/Flood Hazard. This site is 9.89 acres and is located at the southerly end of Burr Street along the north side of the Kern River on an irregularly shaped, · elevated, long and nan'ow site. It is located between the east and southeast sides of the Cross Valley Canal at pumping plant #7 and the northwest bank the Kern River. Vehicular access is from Burr Street. The northern parcel is connected to Burr Street by a private access way that goes around the BZA Staff Report Prepared by: WL/wel SABZA_SPIt~CUIA2OO4XO4-O50.~je-BZAStaffReponCUPO4-OS~.doc Page 1 Project No. CUP 04-0~-~ pumping plant levee. The site's three parcels lie south of the motor lodge at 2400 Carnino Del Rio and extends southwesterly. It borders 2,000_+ of riding and hiking trail on the northwest side of the Kern River. The Kern River Plan (KPR) identifies the Kern River and the abutting areas within the 100-year flood plain as a unique and limited resource. The KRE attempts to manage development within the flood plan and certain non-floodplain areas as delineated within that plan. It also seeks to enhance wildlife habitat, and provide public access to the Kern River. A RV park, a commercial land use, is preferable to an industrial use of the property. An RV park is similar to a park in that it places large number of people in close proximity to the river. These people have access to the river, the trail system, and the activity nodes within and in close proximity to the Kern River Parkway Plan. All parking and structures are at least 40 ft behind the property line at Burr Street. The caretaker's residence is within the appropriate setbacks of the R-4 (Limited Multi-Family Dwellings - 600 sq ft/unit) zone. The RV spaces abut all, but the southwest property line. The applicant intends to provide amenities such as sewer hookup, water, electricity, television, etc. at each RV site. A typical RV site would be a 24 ft wide angled space, with a concrete patio, a tree, and utility connection. It would have grass or decomposed granite surfacing. Floodin~ The KRE places the entire site within the Kern River's 100-year floodplain, because it is between the fiver and the flood control levees of the Cross Valley Canal. The secondary floodway adopted by the KRE was developed using information from the Kern Water Agency, Federal Emergency Management Agency (FEMA), and the Bakersfield Water Resources Department. The KRE depicts this site within the secondary floodway as suitable for commercial and industrial uses as limited by Chapter IV, section 4.8.2 of the KRE and its policies. As a result, the secondary flood plain on this site may be developed. The zoning map and the FEMA maps show the northernmost portions of the site as outside the 100-year flood plain. The proposed site plan attempts to place large permanent structures such as the office, caretaker's residence, and a clubhouse within this northern area that is shown as FEMA flood zone B - areas between the 100-and 500-year flood plains. Within the 100-year flood hazard area, the site plan shows smaller structures, like bathrooms, laundry, and trash facilities. The Public Works Department has required all drainage be retained on site and the developments connect to the ' public sewer system. A condition requiring all structures within the 100-year flood plain comply with the standards of FP-P (Floodplain-Primary) zone, section 17.44.030 has been prepared. Access Site Plan Review comments have been received from the Fire and Public Works Departments. The access from Burr Street will be improved and a private access road will serve the site. Among the reasons this single access will be adequate are that the site will contain only one permanent residence. If there is a need to evacuate the site, visitors can drive their vehicles away. The site has approximately 2000_+ linear feet of frontage along the public trail on the north side of the Kern River. This trail provides public access along the fiver and a future recreation area located south of the project .... site. BZA Stad~ Report Prepared by: WL/wel Page 2 S:~BZA_SPi~CUP~OO4XO4-OSO.~je-BZA Staff Repon CUP 04-05~.doc Project No. CUP 04,0~ Cross Valley Canal The Cross Valley Canal and its levees are north of the RV spaces. This facility provides fresl~ manages this facility, has expressed oral concerns about the project's impact on this facility. They include such things as: the canal, is although fenced may be an attraction to RV guests who may want to climb over the existing fence or step down from their 8-10 foot tall RVs parked near the canal fish or swim; the Agency has a large diameter pipeline within the northern portion of the site and buildings are not permitted over this easement; drainage sumps and percolation areas could also introduce contaminants into this major fresh water facility. Staff has conditioned those issues that can be mitigated. Regarding trespassing, that already occurs, but staff notes the park may actually discourage unauthorized access, because there will be on-site staff and people to observe illegal activities and report them. Additionally, on-site amenities will lessen the likelihood of trespassing into the canal properties for recreational needs. Aesthetics and Other Issues The KRE has policies regarding views from certain areas such as public parks. The entire Site is within the viewsheds of Yokuts Park and the Kern River Parkway. Most buildings are sited closer to the cross Valley Canal than to the fiver. The proposal will not block or adversely impact existing views of the fiver. The trees along the public trail help diffuse views of the site. The addition of trees and landscaping that is consistent with the landscape plant list within the Table 8-3 of the Kern River Parkway Final Environmental Impact Report will contribute to the existing row of trees. The new trees will also help reduce views of the 8-10 foot tall RVs, cast shade over the RVs the camp sites, and break up views on the Cross Valley Canal and Pumping plan #7. Other policies within the KRE that conditions have been developed for include the items below. · To protect wildlife in the vicinity of the fiver, the KRE requires animals to be on leashes and controlled. Condition requires the facility provide written and posted notice to inform visitors to maintain their animals on a lease has been prepared. · Lighting will be required to be shielded and directed away from the trail and fiver environments. · Prior to the issuance of building permits, the Planning Director shall review and approve the design of all buildings and structures to ensure the blend with and enhance the open space qualities of the River corridor. · Billboards shall not be allowed within the floodways. · New or relocated utilities shall be undergrounded. · The landscape plan shall be review by the Planning Division to' assure compliance with the KRE riparian landscape planting list. Zoning and General Plan Consistency The site is zoned M-1 (Light industrial), M-1-FP-S ((Light industrial - Floodplain Secondary), A-FP-S (Agriculture - Floodplain Secondary), and A-FP-S (Agriculture - Floodplain Secondary). On the Metropolitan General Plan, the site is within the LI (Light -Industrial) and OS (Open Space) ~ZA $taff Report Prepared by: WI./wel Page 3 $..~ZA_SP~CUI~.OO4~4-OJO.~je-BZA Staff Repon CUP 04-O~.doc Project No. CUP designations. The site Plan Review Committee reviewed the original site plan and developed a compliance list. Conclusions The proposed use is preferable to an industrial development. A RV park should have a similar impact on the river environment as a public park and place large numbers of people within easy access to the Kern River and its trail network. The facility will meet all minimum development standards and is consistent with the Kern River Plan. ENVIRONMENTAL REVIEW AND DETERMINATION: Most of the site is within FP-S (Floodplain Secondary) overlay zone. Remnants of riparian woodland species such as cottonwood and willows abut the site. Native trees and plants are also found within the fenced area on-site. The Kern River is a wetland area located adjacent to the project site. The proposal will not have a significant impact on any wetlands. A biological study was prepared by McCormick Biological, Inc. in May 2004. Its conclusion was as follows: "No sign of any special- status species was observed during the survey for this project. There were no San Joaquin kit fox dens observed within the proposed project site or the buffer area. Based on the location of the site and known occurrences of the species in this area of Bakersfield, kit fox may use the property to forage or travel corridor. Provided that the site is not subsequently occupied by kit fox and that all requirements of the MBHCP are met, no further biological surveys are necessary for this project." With implementation of the Metropolitan Bakersfield HCP, impacts are considered to be less than significant. A phase 1 cultural resource assessment was conducted on site by Three Girls and a Shovel, LLC in April 2004. The investigators found no cultural resources during the pedestrian survey. No additional mitigation is required. Although there is a single access point to the site, the Fire and Public Works Departments did not require improvements and mitigation beyond the standard improvements required for routine infill projects. All road improvements are subject to compliance with accepted traffic engineering standards which are intended to reduce traffic hazards. There are no incompatible uses which have been identified with this project. No significant impact noted. The initial study and the draft negative declaration was sent to the State Clearing house for distribution to appropriate state agencies for review. This document is attached as Exhibit B. As of July 8, 2004 written comment have only been received from the California Department of Conservation's Oil, Gas, & Geothermal Resources Division. They noted the project is within the boundaries of the Fruitvale oilfield and there is an abandoned well on site. The agency request a condition that the applicant locate, plot, determine the adequacy of the abandonment method used, and if necessary re-abandon the (defective) well prior to the issuance of a building permit. A condition requiring the applicant accurately plot the well on the final plan, and comply with the requirements of this agency has been prepared. Oral comments provided by the Kern County Water Agency were mentioned earlier. BZA Staff Repon Prepared by: WD'wel S:~BZA_SPI~CUPX2OO4~O4-OSO.s~je-BZA Staff Report CUP 04~'doc Page Project No. CUP 04-0.503 The general plan designation, zoning and existing uses of the site and surrounding properties are shown in the following table: Vacant, degrades elevated M-l, M.I-FP-S, A-FP.S, and site with abandoned SITE LI and OS A-FP-S vehicles and a residence HC (Highway Commercial) and GC (General Commercial) NORTH KRP: 6.1-- Major Commercial C-2 (Regional Commercial) Multi-stor~ motels A-FP-S (Agriculture- Floodplain Secondary) FP-S OS-P (Open Space Parks) FP-P (Floodplain Primary) Kern River, a hiking & OS (Open Space) OS-FP-S (Open Space riding trail, Yokuts Park, SOUTH KRP: 8.5 - Resource Mana[ement Floodplain Secondary) and Public land OS (Open Space) KRP: 3.1/2.5 - Public and Private A (Agriculture) Hiking & riding trail, Kern EAST Recreation Areas/Flood Hazard M-1 (Light Manufacturing) River, and State Hwy 99 (P) Public Cross Valley Canal and KRP: 8.5 - Resource FP-P (Floodplain Primary) Pumping Plant # 7 and WF_~T Management/Flood Hazard industrial development Public notice for the proposed project and environmental determination was advertised in the Bakersfield Californian and posted on the bulletin board in the City of Bakersfield Development Services Building; 1715 Chester Avenue; Bakersfield, California. All property owners within 300 feet of the project site were notified by United States mail on June 10, 2004, regarding this public hearing in accordance with city ordinance and state law. Based upon an initial environmental assessment and evaluation according to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures, it has been found that this project will not significantly affect the environment. A Negative Declaration has been prepared and is attached to this report. EXHIBITS: A. Resolution with exhibits 1. Conditions of approval/mitigation 2. Location map 3. Site plan - other maps/drawings 4. Other stuff B. Initial Study ' ~ C~ Correspondence and responses BZA $to, ff Report Prepared by: WI./wel $..~BZ~_$PI~CIJP~2OO4~4-OSO3~e-BZA Staff Report ClIP 04-0503. doc Page CONDITIONAL USE PERMIT 04-0508 (C d~-On-~[~e-~P~-~l~-04-~O~03)- ' ':" on Bakersfield River Run RV Park '"';:~'-'"'~" '-~- 3715 Burr S~et ~-- ~ - ~::~-- ~ . ,- ..' Pumping Plant ~7 ""'~ ' .... /'" ~ ' '~em River. bounda~ // ' : per Panel Map P3889 (ZC 2758) ' PROTECT I. OCAL TAXPAYERS B':I ~ I ~! :,il I :! www. YeSon Propt A.com STOP STATE RAIDS ON YOUR LOCAL TAXES Prop lA prevents the State Legislature from taking and using local government funds. In the last 12 years, the State has taken more than $40 BILLION from cities, counties and special districts. If these raids continue, it could mean fewer firefighters, fewer law enforcement officers and longer waits at emergency rooms - or higher local taxes and fees. PLEASE VOTE "YES" ON lA - NOV. 2 Paid for By Yes on lA Californians to Protect Local Taxpayers and Public Safety; Sponsored by. a coalition of local _qovernment orqanizations, Lea_que of CA C~ties (non-public fu.nds account), C~ State Association of Counties .('non-public funds account), and the CA Special Districts Assoc. (non-public funds account) 11~~~~1~ PLACE 23 cent STAMP PIIOTEOT ll~lli TAXPMEIIS HERE 1400 K St., Ste. 400, Sabramento, CA 95814 www. YesonProplA.com Vote YES on Nov. 2, 2004 ON YOUR LOCAL TAXES ! Proposition lA: Protection of Local Government Revenues Proposition lA is a constitutional amendment on the November 2004 statewide ballot that will end the practice of the state taking funds originally committed to local government to pay for state purposes. Back,qround: Over the past dozen years, in both good economic times and bad, the state Legislature has shifted more than $40 billion in property taxes to the state from cities, counties, special districts and redevelopment agencies, in order to help pay for state responsibilities. The state has also loaned itself local money over the objections of local governments, leaving local communities struggling to fund all their services, including fire protection, paramedic response, law enforcement, healthcare, parks and libraries. Proposition 'IA: Prop lA was placed on the ballot by the Legislature in August, as part of the budget package negotiated by Governor Arnold Schwarzenegger, legislators from both parties, local governments, public safety officials, healthcare advocates, taxpayers and community leaders. It will amend the state constitution to stop such shifts but will allow the state to borrow local funds during times of state fiscal crisis - but only if prior loans have been repaid, and only twice within a ten year period. What Proposition 'IA Does: · ,' Restricts the State Legislature's ability to take this local government funding, including local government share of existing sales taxes, property taxes and VLF revenues. · /Protects this funding for local services like fire and paramedic response, law enforcement, emergency and trauma care, parks, roads, libraries, transportation and more. ,,' Requires the State to provide funding for any program or service the State forces local governments to provide. If the State fails to provide funding, Legislature must repeal these state-mandates. · ,' Provides flexibility in a state budget emergency. Prop lA allows the State to borrow this local government revenue if funds are needed in fiscal emergency to support schools or other state programs. What Proposition lA DOES NOT Do: v' Does not raise taxes. Prop lA helps ensure local governments don't have to raise taxes or fees in the future to make up for revenue taken by the State Legislature. v' Does not reduce fundin, g for schools or any other state programs or services. v' Does not increase funding to local governments. v' Does not prevent the state from borrowing local funds in times of fiscal emergency, or shut the door to future reforms of the state-local fiscal relationship. For additional information, including "pro" and "con" ballot arguments and lists of supporters and opponents, please visit the State Secretary of State's website at www.ss.ca.,qov. That website provides the following contact information for the "pro" and "con" sides: Proponents: Opponents: Yes on lA Califomians to Protect Local Taxpayers and Public Safety Carol Migden, Chairwoman 1121 L Street, Suite 803 State Board of Equalization Sacramento, CA 95814 601 Van Ness Ave., #E3-611 (800) 827.9086 San Francisco, CA 94102 info~,yesonpropla.com; www.yesonpropla.com Non-advocacy Sample Newsletter (For use by public and government entities) Proposition lA is an initiative that will be on the November ballot that will prevent the State Legislature from taking and using funds originally committed to local governments. Prop. lA also requires the State to reimburse local governments for the cost of programs and services it mandates cities, counties and special districts provide. If the State fails to provide reimbursement to local governments for state mandated local programs, the mandate must be suspended, except for specified employee rights and benefits. Prop. lA allows for flexibility in the event of a future state fiscal emergency. The State may borrow local government funds, only if the Governor declares a fiscal necessity and 2/3 of the legislature approve. All funds must be repaid within 3 years. Over the past dozen years, in both good economic times and bad, the state Legislature has shifted more than $40 billion in property taxes to the state from cities, counties, special districts and redevelopment agencies, in order to help pay for state?sponsibilities. This shift has cost the City (or County) of about $ . a'n~': now a-'~'~u~ ~'~ly-~ ~.i annua Jy :~:. $~'~. :in th~ ciiY (or 'c0u~tYi 'of' "~ :~ ~-~-. this y~ar~. The state has also loaned itself local money over the objections of local governments, leaving local communities struggling to fund all their services, including fire protection, paramedic response, law enforcement, healthcare, parks and libraries. The State has also imposed billions in additional costs on local governments by mandating programs and services that are only partially funded or not funded at all by the State. Earlier this year Prop. 65 was put on the ballot by many of the same groups that are now supporting Prop. lA. All of the official proponents of Prop. 65 are now supporting Prop. lA, and opposing Prop. 65. The official ballot label for Prop. lA explains what Prop. lA does: "Ensures local property tax and sales tax revenues remain with local government thereby safeguarding funding for public safety, health, libraries, parks, and other local services. Provisions can only be suspended if the Governor declares a fiscal necessity and two-thirds of the Legislature concur." If you would like more information on Prop. lA, the Secretary of State lists the following contact information for the proponents and opponents of the measure: Proponents: Opponents: Yes on lA Californians to Protect Local Carol Midgen, Chairwoman Taxpayers and Public Safety State Board of Equalization 1121 L Street, Suite 803 601 Van Ness Ave., #E3 - 611 Sacramento, CA 95814 San Francisco, CA 94102 (800) 827-9086 info~yesonpropla.com www.yesonproPla.com SAMPLE LOCAL GOVERNMENT RESOLUTION A RESOLUTION SUPPORTING PROPOSITION lA WHEREAS, state government currently seizes more than $5.2 billion annually in local property tax funds statewide from cities, counties and special districts, costing local governments more than $40 billion in lost revenues over the past 12 years; and WHEREAS, these ongoing shifts and raids by the state of local property tax funds and other funding dedicated to local governments have seriously reduced resources available for local fire and paramedic response, law enforcement, pUblic health and emergency medical care, roads, parks, libraries, transportation and other essential local services; and WHEREAS, these funding raids also add pressure for local governments to increase fees and taxes to maintain basic local service levels; and WHEREAS, this drain of local resources has continued even during periods when the state's budget has been overflowing with surpluses; and WHEREAS, Proposition lA is a historic measure that will appear on the November 2004 statewide ballot that would limit the State's ability to take and use local government funding; and WHEREAS, by protecting local government funding, Prop lA would protect local public safety, healthcare and other essential local services; and WHEREAS, Prop lA will not raise taxes and, in fact, will help reduce pressure for local fee and tax increases by limiting state raids of local government funding; and WHEREAS, Prop lA does not reduce funding for schools or any other state program or service, and Prop lA was carefully written to allow flexibility in the event of a state budget emergency; and WHEREAS, Prop lA is supported by a bipartisan, diverse coalition including Governor Schwarzenegger, Democrat and Republican legislative leaders, local government officials, public safety representatives, healthcare, business, labor and community leaders; NOW, THEREFORE, BE IT RESOLVED BY THE of the that we hereby express strong support for Proposition lA, the statewide ballot initiative that will prevent the state from further taking local government revenues; and RESOLVED FURTHER, that we will send a copy of this resolution to Yes on lA - Californians to Protect Local Taxpayers and Public Safety. Fax: 916-442-3510 or 1121 L Street, #803, Sacramento, CA 95814 ADOPTED this day of ,200 ~4ugust 2004