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Home My WebLink AboutRES NO 205-05 RESOLUTION NO. RESOLUTION UPHOLDING THE APPEAL, MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 04-1337 OF THE PROPOSED AMENDMENT TO OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. '205 - 0 5 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, DECEMBER 6, 2004 and THURSDAY, DECEMBER 9,2004 on General Plan Amendment 04- 1346 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment 04-1337 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 04-1337 SMITHTECH/USA has applied for a general plan amendment changing the land use designation on approximately 95 acres from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) for that site generally located along the south side of Panama Lane, approximately 2,000 feet east of South Union Avenue and approximately 1,680 feet west of Cottonwood Road.; 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 Mitigated Negative Declaration was prepared; 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. 197-04 on December 9, 2004, the Planning Commission recommended disapproval of the applicant's requested amendment for that portion of the subject site located within the Airport Land Use Zone B 2 and approval and adoption of the requested amendment for that portion of the General Plan Amendment 04-1337 subject site located within Airport Land Use Zone C and the remainder of the project site subject to mitigation measures and conditions listed in Exhibit B and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and WHEREAS, SmithTech/U.S.A, Inc. on behalf of Joel Frick did appeal the decision of the Planning Commission; and ~ ~þ¡/íf1' () <!;, >- - I- m _ r- C> e;, ORIGINAL 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, SEPTEMBER 7,2005 on the above described General Plan Amendment 04- 1337 of the proposed amendment to the Metropolitan Bakersfield 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 and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. Portions of the proposed subject site are located within Airport Land Use Zone B 2, of the Airport Land Use Compatibility Plan, adopted July, 1996. 4. Principal compatibility concerns of the Airport Land Use Compatibility Plan include exposure to aircraft noise, land use safety with respect to people and property on the ground and aircraft occupants, protection of airport airspace and general concerns related to aircraft overflights. 5. The California Aeronautics Act requires Airport Land Use Commissions to utilize the "California Airport Land Use Planning Handbook (1993)". 6. All of this project is outside the 7,000 foot Zone 4 zone in the "California Airport Land Use Planning Handbook". 7. Outside this Zone 4 is an area of low risk and has a low frequency of accidents. 8. Infill development (like this proposal) is supported by General Plan policy. 9. An avigation easement is required to notify subsequent property owners of the proximity to the airport. 10. The Airport Land Use Compatibility Plan is consistent with the Metropolitan Bakersfield General Plan. 11. The proposed project, as recommended is consistent with the surrounding land uses. 12. The proposed project as recommended is consistent with the Metropolitan Bakersfield General Plan. 13. Based on the initial study and comments received, a determined has been made that the proposed project, as recommended by the Planning Commission, could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 2 «. 'òMf1' () ~ >- - >-- m _ r- V a ORIGINAL 14. 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 purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Aqency's decision to prepare a Negative Declaration for this project. 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 Mitigated Negative Declaration for General Plan Amendment 04-1337 is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts General Plan Amendment 04- 1337 constituting changes as shown on the map marked Exhibit A attached hereto and incorporated as though fully set forth, subject to mitigation measures/conditions of approval shown on Exhibit B. 5. That General Plan Amendment 04-1337 approved herein, be combined with other approved cases, approved on September 7, 2005 and described in separate resolutions, to form a single Land Use Element Amendment. 6. That this is an infill project which is supported by General Plan policy. 7. The project is located outside the "California Airport Land Use Planning Handbook" Zone 4, in an area shown to have a low frequency of accidents. 8. An avigation easement is required to notify subsequent property owners as to the proximity of the airport. 9. The project area is more than 7,000 feet from the existing runway, and therefore outside Zone 4 of the "California Airport Land Use Planning Handbook". 10. The appeal is upheld. -------·000-------- 3 X ~Mf1' () <!.;, >- - t-- m _ r-- C> e;, 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 S£P 7 ?rJf!I1 by the following vote: ~ NOES: ABSTAIN: ABSENT: V ./ V' V v v If" COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler Council of the City of Bakersfield APPROVED S£P ,. ZtJtI! HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ß¡¿/'ú1íÍ Ìfl- ~ Exhibits: A B Map Mitigation/Conditions PHIS:IGPA 4th 2004104-13371CC GPAR 8·11·05.doc 4 X. 'òMt1' () ~ >- - t-- m _ r- o ö ORIGiNAL ...-..-.. ;., -..- ..-.. -..-.. - -~] . ~ , ~ l I ~ ¡ II 1l'JI~i I ( ;~.¡ LMR~ l ~ g ~---.:- ;- _0 1,1-- --- -- ,0 ~ !---- ~ :s <: ~ ~ ¡;¡ ~ 0 " ~ . ~ r " " j; .- - P^OISON ~ 18 ~~ 0 ~- -- - 8 ~ m 8 ",;j 6' ! ;::0: > " ~ % I -;: il/, III " /// Ii " " í'i '1 Ii (I '//1 ~ .¡;~\;¡~;P\ __...-'---1,¡tJ'¡'J otJ " " . -----\ = , I ¡ 1 , I , S8 Z ! , I , I ~ 5> 'h (/1 fJ I/m 1/1/ Y//Y//¡ 'III (II/, '(II/ '111 l;;u IIA ),. ~ o r ;;u 'l'/A~ //1/ 'N, (I II f---- 1----- ! l I i I I I I _ i -Ulli~~"'" I _ _nAn ! I i I " ~ m " ~ 'I ~ Il ~ l II' -- --. c , ° ~ lLMM.~-- ~ ---- " ~R G) ~: ~ L-: m ~ ~ " - ~ [LMAAR ê! ¡ LMM.;- ! [ LM":~J ~- ~~ ~--------~ ---------'"'~.,..,.-:.~~ ~ " " " r ìJ s;: Z » ~ m z o ~ m z ~ o .þ.. I ....... (.ù (.ù -..... ~ ~~Kt'1' () ú1 ;... "" I- - _ m c> r- e;, ORIGINAL EXHIBIT B MITIGATION/CONDITIONS GENERAL PLAN AMENDMENT 04-1337 California Archaeological Inventory The California Archaeological Inventory (CAI) at California State University Bakersfield recommends as follows: "The previous partial survey conducted on this parcel was done in 1976. Field methods have drastically improved since then, and the Information Center routinely recommends a survey whenever the existing data is more than 5-7 years old. Therefore a qualified professional archaeologist should conduct a field survey of the entire parcel prior to ground disturbance activities. The archaeologist of your choice should contact this office in order to obtain the confidential information needed to conduct a field survey..... . Planning Department 1. If human remains are discovered during grading or construction activities, further work would be Prohibited pursuant to Section 7050.5 of the California Health and Safety Code. If Native American remains are identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code detail the appropriate actions necessary for addressing Native American remains. 2. Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPAlZC 04-1337 and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval: "This property is in the area subject to overflights by aircraft using the Bakersfield Municipal Airport, and as a result, residents may experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (public utilities code section 21670 et Seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discomfort from normal aircraft operations. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form." Department Of Conservation, Division of Oil and Gas If any previously unrecorded oil, gas, injection or other well associated with oil, gas injection, etc. is uncovered, the developer shall immediately notify the Division Office in Bakersfield and such division shall determine the remedial action to be undertaken. '< 'òf1.K£1 () ~ ;... - I-- rn _ r- C> C) ORIGINþl Recreation and Parks The Recreation and Parks Department states that a six acre dedication and reservation of park land is needed for a future ten acre park site in the area south of Panama Lane and north of the canal to service this and other development that will occur in the area Public Works 1. Prior to approval of any development plan, improvement plan for a tentative subdivision map. or application for a lot line adjustment, the following shall occur: a. Provide full dedication for Panama Lane to arterial standards and for Berkshire Road and the mid-section road (Sparks/Madison/King) to collector standards. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b. Provide a sewer study for the entire area covered by the GPAlZC. This study shall also cover any area between this GPAlZC area and the nearest point of connection and shall delineate the possible sewer service area and shall size the main line accordingly. The developer shall aid in the formation of a Planned Sewer Area and may enter into a oversizing agreement with the City of Bakersfield. 2. Any development in this GPAlZC area will be required to contribute to the widening of the crossings of the Kern Island Canal of both Berkshire Road and Panama Lane. 3. Any development in this GPAlZC area will be required to contribute to the construction of the crossing of the Arvin-Edison Canal and the mid sections collector. on the Sparks/Madison/King alignment. Any development of the area south of the Arvin-Edison Canal shall construct the crossing over the Arvin Edison Canal at the mid section collector. 4. Normal full frontage improvements shall be required at time of development. 5. Two sumps will be allowed. Site one sump for the area north of the canal on the west side so it can serve Tract 6333 and the subject area. For the area south of the canal. site the sump on the western edge so it can be expanded. 6. Pay the proportionate share of the following local mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. a. Monitor Street and Panama Lane - add east bound left turn lane (striping only), 13.94% share b. Union Avenue and Panama Lane - add east bound left turn lane (striping only). 21.65% share c. Sparks Street and Panama Lane - install signal, add east and west bound left turn lanes. 38.28% share d. Union Avenue and Berkshire Road - add east and west bound left turn lanes, 13.6% share e. Union Avenue and Hosking Road - add west bound left turn lane. 8.97% share ...--- '~~--_..__._",~..._--- X '?:.i\Å0;) () % >- - ..... m _ r- <.J 0 ORIGINAL 7. Pay the standard residential fees for the Regional Transportation Impact Fee, as adopted at time of vesting of the development. 8. Site specific access shall be limited and shall be determined at time of subdivision review. Medians or other approved means shall be required to facilitate limiting access. 9. 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 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. City Attorney 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 administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this 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. 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. S:\GPA 4th 2004\04-1337\Final GPA Mitigation Revised 1J.-11-05.doc «'í!>Mt..s> () <!;, >- - r- m _ c- O C) ORIGINAl