HomeMy WebLinkAboutRES NO 012-19RESOLUTION NO. 0 12 1 9
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE
SOUTHWEST CORNER OF THE HOSKING AVENUE AND SOUTH H
STREET INTERSECTION (GPA/ZC NO. 16-0455).
WHEREAS, Rich Development, LLC, representing Martin Boone-Orbis Financial, LLC,
filed an application with the City of Bakersfield Development Services Department
requesting an amendment to the land use map designation of the Metropolitan Bakersfield
General Plan from LR Low Density Residential) to GC (General Commercial) on 6.66 gross
acres located at the southwest corner of the Hosking Avenue and South H Street
intersection (the "Project"); and
WHEREAS, the City Council adopted a Mitigated Negative Declaration with
mitigation measures for the Project; and
WHEREAS, the Planning Commission held a public hearing on December 6, 2018, and
approved Resolution No. 106-18, which recommended that the City Council approve the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, January 23, 2019 at 5:15 p.m.
in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the
time and place for a public hearing before the City Council to consider the approval of the
amendment as required by Government Code Section 65355, and notice of the public
hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the staff report, Mitigated Negative Declaration and the Planning
Commission's deliberation, and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 106-18 are
hereby adopted.
3. The Project is subject to mitigation measures found within the adopted Mitigated
Negative Declaration for the Project.
4. The Project is hereby approved subject to the conditions of approval in Exhibit A
and located on the map as shown in Exhibit B, both of which are incorporated
herein.
5. The Project approved herein is hereby made part of the 1st amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan for calendar year
2019 in accordance with Government Code Section 65358 (b).
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on JAN 2 3 2019
by the following vote:
✓ ✓ ✓ ✓ ✓
VES COUNCILMEMBER: RIXERA, GONZALES, WEIR, SMITH,TREEMAN, SULLIVAN, PARLIER
COUNCILMEMBER:
N: COUNCILMEMBER: NA
ABSEN COUNCILMEMBER: OMY r`
��sku ni .i A
✓JULIE DR AKIS, CMC
CITY CLERK and Ex Officio
Clerk of the Council of the City of Bakersfield
APPROVED JAN 23 2019
00,
KAREN GOH
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARDRICHARD I
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
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ORIGINAL
MITIGATIONGENERAL
LAN RAMENDMENT/ZONE CHANGE NEO. 16
DECLARATION
Air Quality Impact Mitigation Measures:
1. Prior to grading plan approval, the applicant/developer shall submit documentation to the
Planning Division that they will/have met all air quality control measures and rules required
by the San Joaquin Valley Air Pollution Control District.
2. Prior to grading plan approval, the applicant/developer shall submit proof to the Planning
Division that they have complied with the San Joaquin Valley Air Pollution Control District's
Indirect Source Rule (Rule 9510).
Biological Resources Impact Mitigation Measures:
Prior to ground disturbance, the applicant/developer shall have a California Department
of Fish and Wildlife (CDFW) approved wildlife biologist ("qualified biologist') survey the
location for species (i.e., Tipton kangaroo rat, San Joaquin kit fox, San Joaquin antelope
squirrel, and Bakersfield cactus) covered under the Metropolitan Bakersfield Habitat
Conservation Plan incidental take permit for urban development and comply with the
mitigation measures of the permit. Survey protocol shall be that recommended by CDFW.
The applicant/developer shall be subject to additional mitigation measures recommended
by the qualified biologist. A copy of the survey shall be provided to the Planning Division
and wildlife agencies no more than 30 days prior to ground disturbance.
Prior to ground disturbance, a focused survey for burrowing owl shall be submitted to
California
anning Division by the
applicant/developer. The survey shall follont of Fish and w Wildlife
methodology de eloped by the California
Burrowing Owl Consortium (CBOC 1993).
If the survey results the presence of burrowing owl nests, prior to grading (including staging,
clearing, and grubbing), surveys for active nests shall be conducted by a qualified wildlife
biologist no more than 30 days prior to the start of any ground disturbance and in a
sufficient area around the work site to identify any nests that are present and to determine
their status. A sufficient area means any nest within an area that could potentially be
affected directly and/or indirectly by the project. In addition to direct impacts, such as
nest destruction, nests might be affected by noise, vibration, odors, and movement of
workers or equipment. If the Project applicant identifies active nests, CDFW shall be notified
and recommended protocols for mitigation shall be followed, and a copy of the mitigation
protocols shall be submitted to Planning Division.
If any ground disturbing activities occur during the burrowing ovd nesting season
(approximately February 1 through August 31), and potential burrowing owl burrows are
present within the project footprint, avoidance measures shall be implemented. In the
event that burrowing owls are found, the applicant/developer shall follow CDFW protocol
for mitigation and comply with the provisions of the Migratory Bird Treaty Act.
3.
4.
Cultural Resources Impact Mitigation Measures:
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JORIGINALL
Exhibit A
GPA No. 16-0455
Page 2
5. Prior to construction and as needed throughout the construction period, a construction
worker cultural awareness training program shall be provided to all new construction
workers within one week of employment at the project site. The training shall be prepared
and conducted by a qualified cultural resources specialist.
6. During construction, if buried paleontological or cultural resources are encountered during
construction or ground disturbance activities, all work within 50 feet of the find shall
immediately cease and the area cordoned off until a qualified cultural and/or
paleontological resource specialist that meets the Secretary of the Interior's Professional
Qualification Standards can evaluate the find and make recommendations. If the
specialist determines that the discovery represents a potentially significant resource,
additional investigations may be required. These additional studies may include
avoidance, testing, and excavation. All reports, correspondence, and determinations
regarding the discovery shall be submitted to the California Historical Resources
Information System's Southern San Joaquin Valley Information Center at California State
University Bakersfield.
7. During construction, if human remains are discovered, further ground disturbance shall be
prohibited pursuant to California Health and Safety Code Section 7050.5. The specific
protocol, guidelines, and channels of communication outlined by the Native American
ety Code
RHeritage esources Commission, in acordance
97 cand Senate ltBilIl 447 Healthand
be followed. Section
the eve Public
t ofthe
discovery of human remains, at the direction of the county coroner, Health and Safety
Code Section 7050.5(c) shall guide Native American consultation.
Traffic Impact Mitigation Measures:
8. Prior to issuance of building permits, the applicant/developer shall provide proof to the
Planning Division of the project's participation in the Regional Transportation Impact Fee
Program.
9. Prior to the issuance of building permits, the applicant/developer shall provide proof to the
Planning Division of payment of Local Mitigation fees.
10. Prior to issuance of building permits and if necessary, the applicant/developer shall obtain
a street permit or get approved a Traffic Control Plan from the City Public Works
Department.
Utilities and Service Systems Mitigation Measures:
11. Prior to the issuance of building permits, the applicant/developer shall provide proof to the
Planning Division of annexation into the Greenfield County Water District service area.
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uORIGINAL
CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 16.0455
PUBLIC WORKS
1. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the General Plan Amendment/Zone
Change (GPA/ZC) area, the developer must submit the following for review and approval
by the City Engineer:
a. Fully executed dedication for Hosking Avenue and South H Street to arterial
standards for the full frontage of the GPA/ZC area. Dedications must include
sufficient widths for expanded intersections and additional areas for landscaping as
directed by the City Engineer. The developer shall dedicate Right -Of -Way (R/W)
along the project frontage to provide for approximately 78 feet of additional R/W
from the section line along South H Street, unless otherwise approved by City
Engineer.
The intersection layout of H Street and Hosking Avenue is atypical and will require
additional right of way and improvements, which may include improvements north
of Hosking Avenue for travel lane alignment. The developer's engineer shall
layout
the intersection geometric design for preliminary app Y the City
or
to submitting construction documents. Said Intersection alignment, lane drops, lane
transitions, etc. shall be in accordance with the CA MUTCD and City Standards which
may require additional striping and paving outside of the projects limits.
b. Comprehensive drainage study of the entire drainage area. The City will allow no
more than one sump per 80 acres. The sump should be located so that it may be
available to serve adjacent areas as they develop. The developer may establish a
planned drainage area or provide some other method for the construction of the
ultimate drainage facilities satisfactory to the City Engineer.
C. Sewer study, which will assure that appropriate sewer service will be provided to the
entirety of the GPA/ZC area. The developer will be responsible for the initial
extension of the sewer line to serve the GPA/ZC area. This sewer line may be sized to
serve a much larger area than the project area as directed by the City Engineer.
The developer may also form a planned sewer area to provide a mechanism for the
reimbursement of oversizing costs to the developer.
For orderly development
2. Prior to the recording of any final map or issuance of any certificates of occupancy for
development within the GPA/ZC area, whichever is earlier, the developer must (a)
construct all infrastructure, both public and private, within the boundary of the GPA/ZC
area, including, but not limited to, any and all boundary streets to the centerline of the
street as required by the City Engineer and (b) construct, and acquire any necessary right-
of-way to construct, any off-site infrastructure required to support development of the
GPA/ZC as determined by the City Engineer. Phasing of the construction of the required
infrastructure may be allowed by the City Engineer. o� 0pKF,y�
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ORIGINAL
GPA /ZC No. 16-0045
Conditions of Approval
Page 2
For orderly development
3. Per City Council Resolution 035-13, any development within the GPA/ZC area must
comply with the City's "complete streets" policy.
For orderly development
4. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the GPA/ZC area, the developer must
take all actions necessary to add the GPA/ZC area to the Consolidated Maintenance
District ("CMD") and pay all fees for inclusion in the CMD or, if the development is already
within the CMD, update the maintenance district documents as provided in Bakersfield
Municipal Code section 13.04.021 or as otherwise required by the City Engineer.
For orderly development
5. Prior to the City's approval of any construction plans associated with any development
project, subdivision, or minor land division within the GPA/ZC area, the developer must
construct, or pay its proportionate share of the estimated cost to construct, the median
(currently $100 per linear foot), as determined by the City Engineer, for the arterial
frontage of the property within the GPA/ZC area.
For orderly development
6. Prior to the city's issuance of any building permits for construction within the GPA/ZC area,
or an earlier time established through conditions of a subsequent City -approved
subsequent development project, subdivision, or minor land division within the GPA/ZC
area, the developer must pay all development fees for the GPA/ZC area including, but
not limited to, the adopted regional traffic impact fee, local mitigation fees, any major
bridge and thoroughfare district fees, and any planned sewer and drainage area fees.
CITY ATTORNEY
7. In consideration by the City of Bakersfield
land use d to rentitlements, including
dproject the
not
limited to related environmental app arising
from
r herein) agrees to
applicant, and/or property owner and/or subdivider ("App'
indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents,
employees, departments, commissioners and boards ("City" herein) against any and all
liability, claims, actions, causes of action or demands whatsoever against them, or any of
them, before administrative or judicial tribunals
f including kindwhatsoevut er,
i ati n lany ay CEQA
fy arising
rom, the terms and provisions of this application,
approval or any related development approvals r conditions whether imposed by the
city, or not, except for CITY's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decisregarlon by dlesss ofihe City whether related to this pro
permits o ent tlemeobligations
nts arreissudof this condition apply
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ORIGINAL
GPA /ZC No. 16-0045
Conditions of Approval
Page 3
The City will promptly notify Applicant of any such claim,ving such claim. The City, in its
action or proceeding, falling
under this condition within thirty (30) days of actually recei
C e law film to defend the
le of the sole oat and ell be l�pendse of heA Applicant cant and the city ito choe the attorney or ds not obligated to use any
law firm or attorney chosen by another entity or party.
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