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
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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