Loading...
HomeMy WebLinkAboutRES NO 129-01RESOLUTION NO. 1 ~- 9 "' 0 ~.' RESOLUTION MAKING FINDINGS ADOPTING A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT NO. P01-0224 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 2) WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, June 21, 2001, and THURSDAY, June 28, 2001, on the proposed General Plan Amendment No. P01- 0224 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such GPA P01-0224 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P01-0224: Interstate Properties has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes as follows: Land Use Designation Amendment from HR (High Density Residential) to GC (General Commercial) on two acres located north of Brundage Lane, between Chester Avenue and Eye Street; 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 therefore, a Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 88-01 on June 28, 2001, the Planning Commission recommended approval and adoption of a portion of General Plan Amendment No. P01-0224 subject to conditions and 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, by Resolution No. 90-01 on June 28, 2001, the Planning Commission made findings pursuant to Government Code Section 65402 for the vacation of 1 '~ Street between Chester Avenue and Eye Street; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, August 22, 2001, on the above described General Plan Amendment No. P01-0224 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered the proposed project and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. That the applicant by prior written agreement agreed to comply with ail adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. P01-0224 is recommended for approval by the Planning Commission. That this project was the subject of a Negative Declaration and the entire environmental record is hereby adopted and incorporated herein by reference. That the requested General Plan Amendment P01-0224 to amend the Metropolitan Bakersfield 2010 General Plan was recommended for approval by the Planning Commission from HR (High Density Residential) to GC (General Commercial) on two acres with mitigation measures and conditions of approval for the project. File the Notice of Determination. Upon approval and adoption of the project, the Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. As to General Plan Amendment P01-0224 the Planning Commission's recommendation to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations from HR (High Density Residential) to GC (General Commercial) on two acres, located north of Brundage Lane, between Chester Avenue and Eye Street, subject to mitigation and conditions of approval. 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. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. The Negative Declaration for General Plan Amendment No. P01-0224 is hereby approved and adopted. The City Council hereby approves and adopts General Plan Amendment P01-0224 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting of changes as shown on the map marked Exhibit "B" attached hereto and incorporated as though fully set forth, for property located north of Brundage Lane, between Chester Avenue and Eye Street, subject to mitigation and conditions of approval shown on Exhibit "A". That General Plan Amendment No. P01-0224, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. ......... 000 ....... 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 AUG ~ ~ ~0131 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER ,~,-C:~'-~ ~ COUNClLMEMBER CITY CLERK and Ex Officio (~erk of the Council of the City of Bakersfield MORE SIGNATURES ON NEXT PAGE APPROVED MARK SALVAGG I O ! / VICE MAYOR of the City o~: Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: ¢-~ ~ VIRGINIA ~NNARID~ ' Deputy City Attorney 4 EXHIBIT NO._ Mitigation and Conditions of Approval General Plan Amendment No. P01-0224 Zone Change No. P01-0224 An archaeological survey shall be completed prior to ground disturbance, along with requiring any measures identified in the study to be completed. (Mitigation) If the water service requirements exceed the capability of the California Water Service Company's existing facilities or if the extension of the California Water Service Company's facilities is necessary, service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. This will remain in effect until April 3, 2002. (Mitigation) A= SITE PLAN REVIEW COMPLIANCE LIST The following ara specific items that the Site Plan Review Committee has noted that you 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. Each item will note when it is to be completed and they have been grouped by department so that you know who to contact if you have questions. DEVELOPMENT SERVICES - BUILDING (staff contact - Phil Burns 661/326-3718) The applicant shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. You must submit a final soils report to the Building Division before they can issue a building permit. Include with the final site plan documentation, or show changes on the final plan that the project complies with all disability requirements of Title 24 of the State Building Code. The applicant shall obtain all required approvals from the Kern County Environmental ' Health Services 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. Structures exceeding 10,000 square feet in area shall require installation of an automatic fire sprinkler system. Business identification signs are not considered nor approved under this review. A separate review and sign permit from the Building Division is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60). The Building Division will calculate and collect the appropriate school district in~act fee~ at the time they issue a building permit. ,- Page 1 of 5 .~..8,200~ B. DEVELOPMENT SERVICES - PLANNING (staff contact - Wayne Lawson 6611326-3245) The minimum parking required for this project has been computed based on use and shall be as follows: Use General Retail Square Parking Required Footaae Ratio Parkin.q 46,985 sq. ft. 1 space/300sq, ft. 157 Soaces Total Required: 157 Spaces (Note: 232 parking stalls are shown on the proposed site plan) The applicant shall submit one (1) copy of the final landscape plan to the Planning Division, and include a copy of this plan with each set of the final building plans. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards unless otherwise modified by the approved PCD (please refer to the attached standards - Chapter 17.61 ). Approved landscaping, parking, lighting, and other related site improvements shall be installed and inspected by the Planning Division before final occupancy of any building or site. Please schedule final inspections with the staff contact noted above. A solid masonry wall is required to be constructed adjacent to residentially zoned property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7-foot wide landscape strip of evergreen trees that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (this will also be noted on the returned plan). Parking lot lighting is required by the Bakersfield Municipal Code (Section 17.58.060A). Lights shall be designed, arranged, and shielded to rafiect light away from adjacent residential properties and streets. All light fixtures shall be between 15' and 40' above grade with illumination evenly distributed across the parking area. Lighting direction and type of light fixture shall be shown on the final site plan or included with the building plans. Our records show your project is contained on more than one parcel You must merge these parcels into one parcel. Rooftop areas of commercial buildings (eg. office, retail, restaurant, assembly, hotel, hospital, church, school) 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. 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 6 feet in height.) Page 2 of 5 C. FIRE DEPARTMENT (staff contact - Greg Yates 6611326.3939) 1. Show on the final site plan: All fire lanes as indicated on the returned plans, or as they may be modified by the Fire Department. Spacing between each sign identifying the fire lane must also be shown on the final plan that meets minimum city standards. The applicant shall install all required fire lane signs before occupancy of any building or portion of any building is allowed. Both offsite (nearest to site) and on-site fire hydrants with required fire flows. New fire hydrants shall be sited and installed in accordance with the latest adopted version of the California Fire Code. Hydrants must be in working order to assure that adequate fire protection is available during construction unless other arrangements for such protection are approved by the Fire Department. Please provide 2 sets of the engineered water plans to Greg Yates. (Note: All new fire hydrants must be purchased from the Fire Department.) If the project has fire sprinkler or stand pipe systems. The Fire Department will issue guidelines for connection locations (FDC) when automatic sprinkler and stand pipe systems are required. 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. e. Name and phone number of the appropriate contact person. The applicant must request an inspection of any underground sprinkler feeds at least 24 hours before they are buried. The Fire Safety Control Division (1715 Chester Avenue, Suite 300, Bakersfield, CA; Ph. 661/326-3951 ) must complete all on-site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. 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. PUBLIC WORKS - ENGINEERING (staff contact - Janice Horcasitas 6611326-3576) The applicant shall construct curbs, gutters, cross gutters, 5'6" sidewalks, and street/alley paving along Chester Avenue, Brundage Lane and Eye Street according to adopted city standards. These improvements shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. The applicant shall construct standard handicap ramps at all entrances to the project site according to adopted city standards. These improvements shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. The applicant shall install new connection(s) to the public sewer system. This connection shall be shown on the final site plan submitted to the Building Division before any building permit will be issued. All driveways, vehicular access and parking areas shall be paved with a minimum ~f.~It ~, ,~- ,.: Page 3 of 5 10. 11. 12. 13. Type B, A.C. over 3" Class II A.B. according to the Bakersfield Municipal Code (Sections 15.76.020 & 17.58.050 N.) and the adopted standards of the City Engineer. This paving standard shall be noted on the final site plan submitted to the Building Division before any building permit wilt be issued. If a grading plan is required by the Building Division, a building permit will not be issued until the grading plan is approved by both the Public Works Department and Building Division. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. You must obtain an industrial waste permit from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the waste water treatment superintendent at 661/326-3249. Before you can occupy any building or site, you 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. You must obtain a street permit from the Public Works Department before any work can be done within the public right-of-way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued. This fee will be based at the rate in effect at the time the permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. The developer shall, along the entire frontage of the development on Chester Avenue, either construct a landscaped median island or pay $22 per linear foot to the city for construction the median island (',,~-width). The applicant shall submit a Drainage Study for the review and approval by the City Engineer. The existing catch basin at Chester Avenue and Brundage Lane shall be reconstructed to City Standards and shall be included in the Drainage Study. 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. 1st Street must be vacated and all parcels combined prior to issuance of a building permit. PUBLIC WORKS - TRAFFIC (staff contact - George Gillburg 661/326-3997) Street return type approach(es), if used, shall have 20' minimum radius returns with a 35' and 40'throat widths. The developer shall construct a "porkchop"island in the drive approach at Brundage Lane in accordance with City of Bakersfield Standard T-18 to block left turn movement out of the project onto Brundage Lane. PUBLIC WORKS - SOLID WASTE (staff contact - John Wilburn 661/326-3114) Page 4 of 5 Show on the final plan 1 compactor roll-off bin location(s), with 54' of clearance in front of compactor and 3' clearance along the sides, The direction of travel at the rear of the building must be changed to allow truck service to the compactor. Before building permits can be issued or work begins on the property, you must contact the staff person noted above to establish the level and type of service necessary for the collection of refuse and/or recycled materials. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. The Solid Waste Division will determine appropriate service levels for refuse collection required for a project. These levels of service are based on how often collection occurs as follows: · Can or cart service -- · Front loader bin service -- · Rolloff compactor service -- 1 cubic yard/week or less 1 cubic yard/week - 12 cubic yards/day More than 12 cubic yards/day G. GOLDEN EMPIRE TRANSIT DISTRICT (contact- Emery Rendes 651/324-9874) The applicant shall construct and install a concrete pad adjacent to the sidewalk on Chester Avenue for a bus shelter. The District shall install a shelter in the future. The pad shall be 23 feet along Chester Avenue with a depth of six feet, and be one hundred feet north of the beginning of curb return north of Brundage Lane, as illustrated on the attached diagram to the Golden Empire Transit District (GET) correspondence to the Planning Dept. dated May 15, 2001. H. KERN SUPERINTENDENT OF SCHOOLS (contact- Mary Wilkins 661/636-4599) The applicant shall pay the statutory school facilities fees as required by law, at the time of the issuance of any building permit for the project site. I. PUBLIC WORKS DEPARTMENT (contact- Marian Shaw 661132e-3724) Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. (Condition) S:\GPA 2nd Q~ 2001~°01q3224~Ad min-Staff Rp~C_,cnditions & Mitigation.wpd The entire area covered by this General Plan Amendment and associated Site Plan Review shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. (Condition) The development shall conform to the Noise requirements found on Table VII-5 in the Noise Element of the Metropolitan Bakersfield 2010 General Plan. Table VII-5 provides noise level performance standards for temporary or intermittent noise sources and references dB(A) level exposure periods based on daytime and nighttime hours. Compliance shall be dealt with through complaints to the Code Enforcement Division. (Planning Commission Condition) Page 5 of 5 .~,~0~ ~-~ EXHIBIT B MAPS Zone Change No. P01-0224 ZONE CHANGE P01-0224 · : ,, __._l I / I _---~ ~ 'L I I/ I J I~ ] r~ I ]~ ~ I I ~ -- 1~ ~ ~~ ~ ~ P.C.O .......... --~ ~ _ .- , P~'~~~- ~r , ~~ k. ~.:'~-'-~1 ~. ~ ' ' ' EYE STREET ~.~'~ Ro3 CHESTER AVENUE Summary Interstate Properties lO00 Q~mll Slreet. Suite 190 Newport Beach, California 92660 949~50.8651 fax949.250.1320 Brundage Lane & Chester Avenue Bakersfield, California PARTIAL FLOOR pLAN ~..~U T H ELEVATION FAST ~L~EVATION WEST ELEVATION Interstate Properties 1000 Quell S~eet. Suite g4g.250.B651 r~ ..~O~.~VA'r~ON Brundage Lane & Chester Avenue Bakersfield, California