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Home My WebLink AboutRES NO 069-08 RESOLUTION NO. 0 6 9 - 0 8 RESOLUTION MAKING FINDINGS, ADOPTING THE NOTICE OF EXEMPTION AND APPROVING GENERAL PLAN AMENDMENT NO. 08-0151, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER OF SAN DIMAS STREET AND 33RD STREET. WHEREAS, Memorial Hospital and the City of Bakersfield, filed a application requesting a General Plan Amendment, an amendment to the land use designation of that certain property being annexed to the City of Bakersfield as hereinafter described; and 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 17, 2008, and on Thursday, March 20, 2008, on General Plan Amendment No. 08-0151, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearings by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 08-0151, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 08-0151: Memorial Hospital, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from HR (High Density Residential) to OC (Office Commercial) on 1.85 acres. The project site is located at the northeast corner of San Dimas Street and 33rd Street; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Sections 15061 (b) (3) (General Rule), does not apply to the proposed project, General Plan Amendment No. 08-0151, since the primary project contemplated by the applicant is a parking lot. Bakersfield Memorial Hospital is acquiring a vacant parcel located adjacent to their existing facilities in order to expand their parking capacities. Parking is required for every type of commercial development and the most common type of parking facility is the 'at grade parking lot, a far less expensive proposal than a parking structure. There is considerable experience with parking lots in the City of Bakersfield. There have never been issues associated with the development and use of at grade parking lots locally, which have resulted in significant environmental impacts. City ordinances address lights, landscaping, access, parking space dimensions, drive isle widths, and back up areas, signage and improvement standards, which effectively deal with this exceedingly common commercial facility. These ordinance requirements are the results of decades of actual operation of parking facilities. For these reasons, it can be seen with a certainty, that the proposed parking lot would not have the potential to cause a significant effect on the environment; and WHEREAS, by Resolution No. 43-08 on March 20, 2008, the Planning Commission recommended approval and adoption of General Plan Amendment No. 08-0151, and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 7, 2008 on General Plan Amendment No. 08-0151 notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The ~ ~Mt~ () ~ .:>-. rn I- p- o t:J ORIGINAL Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 43-08 adopted on March 20, 2008: a. All required public notices have been provided. b. The project is exempt from CEQA pursuant to Sections 15061 (b) (3) (General Rule), of the CEQA Guidelines. c. The land use designation change from HR (High Density Residential) to OC (Office Commercial) on 1.85 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan 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 Notice of Exemption for General Plan Amendment No. 08-0151 is hereby approved and adopted as shown in Exhibit A. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary ofthe Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment No. 08- 0151, constituting changes as shown on the map marked Exhibit liB", attached hereto and incorporated as though fully set forth, for property located at the northeast corner of San Dimas Street and 33rd Street, 5. That General Plan Amendment No. 08-0151, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. Page 2 of 3 ~{l,K('-9 J ~ .:>-. - I- rn _ r- o 0 ORIGINAL ---------()()()-------- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on HAY 0 7 2008 by the following vote: ~ COUNCILMEMBER CAR~ ElEt~*M; W~C~, HA~ SULtrv:N, SCR~ S: COUNCILMEMBER 1I\...O'lUL ABSTAIN: COUNCILMEMBER ~ ABSENT: COUNCILMEMBER rl> NV\ PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C rk of the Council of the City of Bakersfield APPROVED HAY 0 7 2008 HARVEY Co HA L MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY~9tA~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map C - Notice of Exemption BM:dc - S:\GPA 1st 2008\08-0151\ResOrd\CC Res 08-0151 ,doc Page 3 of 3 ~M('~ ~ ~ .:>-. rn I- , o CJ ORIGINAL EXHIBIT A Mitigation/Conditions of Approval ~ ~Ak<t1> () <fl >.. -f\ I- m - t- o c:;, ORIGINAL Exhibit A-1 Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 08-0151 CONDITIONS OF APPROVAL: Public Works 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Submit verification to the city Engineer of the existing drainage systems capability to accept the additional flows to be generated through development under the new land use and zoning. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPAlZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the -construction all infrastructure will be addressed at the subdivision map stage. For orderly development 2. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35~ per square foot for commercial and/or $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is imposed per City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. For orderly development 3. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, site plan review, or application for a lot line adjustment for any portion of this GPA area. For orderly development 4. The developer shall provide additional dedication needed and construct a cul-de-sac within the Northweat corner of the GPAlZC boundary, or as directed by the city engineer, prior to the any closing of access across that 200 foot portion of San Dimas Street, to be vacated. For orderly development 5. We have no objections to the proposed GPA, this proposed change is to provide additional parking for the existing hospital use and should have no change in traffIC generation. Review of the lot design will be subject to city standards during site plan review. For orderly development Page 1 -of 1 X. ~M<t1> () ~ >- - ,_ rn - r- (.) CJ ORIGINAL EXHIBIT B General Plan Amendment Map ~M('1> J ~ >-- - I::: ~ o Q ORIGINAL li II gll.. CO) II') W Q g ~ ~ :.:: .. a:: 01 Z ~0 "2 0 C>> ~ II') --c.rj ~ Rl 8 II') l- N .... 0 g ~ LC') ~ g 0 in I CO 0 ~...J...J ll. ..... Lt~~ Z C/)OO: ~=eC/) W ~~ ~ ~ 0 Z ~ ~ ~ f J: J: J: W lS SVVIIIO NVS ~ <( lS SVVIIIO NVS Z <( ~ l- I- I- Cl.. g en en en J: 0 l- I- g ~ D:: ~ ~ en ~ ~ ~ J: J: J: J: J: ~ C") -- C") C") <( ~ W Z lSO 1SO W CD ~ !E g ~ ~ ~ J: J: J: J: g g lS VVIIVNVd g ~ J: ~ J: ~ J: II<: ~ J: J: k('-9 <!i ~ ::>- r;; I- , o CJ ORIGINAL 1'80 1 ( CITY OF BAKERSFIELD General Plan Street Classification Freewavs provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate fr$way. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. S:\Forms\zone-gp.doc ~ '6 k('1> () ~ >- fT1 , o CJ ORIGINAL EXHIBIT C Notice of Exemption ~M~~ J- ~ >- - f- m _ t- o CJ ORIGINAL NOTICE OF EXEMPTION TO: Office of Planning and Research PO Box 3044, 1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 L County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: Concurrent General Plan Amendment/Zone Chance at 3330 San Dimas 5t. Project Location-Specific: 3330 San Dimas St. Project Location-City: Bakersfield Project Location-County: Kern Project Description: The City of Bakersfield and Bakersfield Memorial Hospital is ado.otinc a GPAlZC to chance the land use desicnation from HR (Hich Densitv Residential) to OC (OffICe Commercial) and a zone chance from R-3 (Multiole Familv Dwellinc) to C-O (Professional and Administrative Office) Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Develo.Dment Services DeDartment. Plan nino Division Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(bXc)); Categorical Exemption. State type and section number. Statutory Exemptions. State section number. lL. Project is exempt from CEQA pursuant to Section 15061 (b) ~3) General Rule Reasons why project is exempt: The Drimarv project contemplated by the aDplicant is a Darkino lot. Bakersfield Memorial HosDital is acauirino a vacant Darcel located adjacent to their existinc facilities in order to expand their oarkinc caoacities. Parkinc is reauired for every tYDe of commercial development and the most common tVDe of .Darkina facility is the at crade .Darkino lot. a far less expensive Drooosal than a parkinc structure. There is considerable experience with Darkinc lots in the City of Bakersfield. There have never been issues associated with the develooment and use of at Grade parkinc lots locallv. which have resulted in sicnificant environmental imoacts. City ordinances address lichts. landscapinc. access. Darkincsoace dimensions. drive isle widths. and back UD areas. sicnace and imDrovement standards. which effectivelv deal with this exceedinaly common commercial facility. These ordinance reauirements are the results of decades of actual operation of Darkinc facilities. For these reasons. it can be seen with a certainty. that the oroDosed Darkina lot would not have the .Dotential to cause a sicniflCant effect on the environment and these tyoes of minor oroiects are 1WeCificallY exempt from the California Environmental Quality Act by State Guideline Section 15061"(b) (3). ~ ~Ak<t1> () U> ::... -'f\ I- m - t- o t::J ORIGINAL, Lead Agency: Contact Person: Marc Gauthier Telephone/Ext.: C{661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? YesX No_ Signature:.j11a~6 Q;'-tJ",;... Date: 'itltlJd. s:; 'lools' Tdle: Princil13l Planner 1L- Signed by Lead Agency Date received for filing at OPR: _ Signed by Applicant IBM"S:\GPconsistency\Memorial Hospital\NOE-memorial hospital. DOC ,?>M('~ () <fl '"" > - I- m _ r- o CJ ORIGINAL