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Home My WebLink AboutRES NO 223-05 RESOLUTION NO. 223-05 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, DENYING THE APPEAL AND APPROVING GENERAL PLAN AMENDMENT NO. 04-1704, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE EAST SIDE OF WIBLE ROAD APPROXIMATELY 200 FEET SOUTH OF BERKSHIRE ROAD. 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 Tuesday, JULY 5,2005, and on Thursday, JULY 7,2005, on General Plan Amendment No. 04-1704, 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, General Plan Amendment No. 04-1704, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 04-1704: Gerald Almgren of Kern Delta Land Development Corporation applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LMR (Low-Medium Density Residential- greater than 4 units but less than or equal to 10 dwelling units per net acre) to HMR (High-Medium Density Residential - greater than 7.26 units but less than or equal to 17.42 dwelling units per net acre) on 2.83 net acres. The project site is generally located on the east side of Wible Road approximately 200 feet south of Berkshire Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 04-1704 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration was prepared in accordance with the Califomia Environmental Quality Act (CEQA); and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEOA Guidelines, and the City of Bakersfield CEOA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 90-05 on July 7, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-1704 subject to mitigation and conditions of approval listed in Exhibit "A" and this Council has fully considered 1 ..:7~ t n ) (:; 'q¡(';,~!t.! --..--.------- ~-_.~....'~-- .-.,...--..." ...,-~.---~ -_._._.- the findings made by the Planning Commission as set forth in that Resolution and as reinstated herein; and WHEREAS, an appeal was filed by Jimmy M. Tabangcora on the decision of the Planning Commission; 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 17, 2005, on General Plan Amendment No. 04-1704, notice oftime 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. 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. 90-05, adopted on July 7, 2005; a. The proposed project allows for the development of a variety of residential types and densities consistent with Residential Development Policy 2 of the land Use Element of the Metropolitan Bakersfield General Plan. b, The proposed project accommodates high and high-medium density residential adjacent to existing and planned commercial, multi-family, and principal transportation corridors consistent with Residential Development Policy 10 of the Metropolitan Bakersfield General Plan. c. The proposed project accommodates a new project that is infill or expansion of existing urban development consistent with General Policy 78 of the land Use Element of the Metropolitan Bakersfield General Plan. d. All required public notices have been provided. e. The provisions of the Califomia Environmental Quality Act have been met. f. The proposed project would not have a significant effect on the environment. g. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEOA) for the purpose of documenting significant effects, it is the 2 '>- .. ~ (:; {'P!(-:f\!t' 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 State of California Department of 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 Agency's decision to prepare a Negative Declaration for this project. 3. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. 4. That General Plan Amendment No. 04-1704 is hereby approved from LMR (Low-Medium Density Residential- greater than 4 units but less than or equal to 10 dwelling units per net acre) to HMR (High-Medium Density Residential - greater than 7.26 units but less than or equal to 17.42 dwelling units per net acre) on 2.83 net acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. 5. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 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 Negative Declaration for General Plan Amendment No. 04-1704 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, accepted and approved, 4. The City Council hereby approves and adopts General Plan Amendment No. 04· 1704, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. for property generally located on the east side of Wible Road approximately 200 feet south of Berkshire Road, subject to mitigation and conditions of approval listed in Exhibit "A". 5. That General Plan Amendment No. 04-1704, approved herein is 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. 3 ,\\ '\ .," .- ,,' .'-,Q:'- 6. The appeal is hereby denied. --------000------- 4 .) .- ..-------" - -~.._,-_.._-- - "-'-'--+--~~ _.__H.~ 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 SEP 2 R 2005 by the following vote: ..:AVES) NOES: ABSTAIN: ABSENT: COUNCILMEMBER ~ \ l.c.-,~, ¡"".......I'G.."R , µ~.,....~* I w.·~vo""", COUNCILMEMBER . COUNCILMEMBER COUNCILMEMBER 'S.-._>-\;.L~}..jo...-v..~\....J~"Y\I¿~ , ~ ¿¡. OiÌLtLli!Z(- PAMELAA.McCARTHY,CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 2 8 2009 HARVEY L. H LL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: /~ 1Jh ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map D2 - S:\GPA 2nd 2005\04-1704\Resolutions-Ordinances\CC GPA Resolution.doc ¡;¡:. 4 > " 01 C:, ''\RI(''~,!,êi¡ . _.._,._.,~._- ---"'--~,--~.-_...~_.,- -.-.-."'--.-.,". ,~~. EXHIBIT A Mitigation/Conditions of Approval ;--,¡, .'.) -~ :' - .-<'\ ¡'Fi CJ '~<~~i,"" :~.:L',i EXHIBIT "A" Conditions of Approval/Mitigation General Plan Amendment No. 04-1704 1, If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during sije development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. (Mitigation Measure). 2. If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. (Mitigation Measure). 3. With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey shall be provided to the Planning Director. (Mitigation Measure). 4. Per the applicants consent, construction on the site will be limited to duplex, 3-plex and 4-plex single story structures. (Condition). 5. Access will be limited on to Wible Road, access points will be determined in consultation with the Traffic Engineer prior to recordation of any subdivision map and/or finalization of site plan review. (Condition). 6. The portion of the canal traversing through the site shall be fenced pursuant to City Standards. The portion of the canal adjacent to but not on the property shall be fenced in accordance with local building code. (Condition). 7. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Wible Road to arterial standards for the full frontage of the area within the GPA request. Dedications shall include additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Prepare a drainage study for the GPAJZC area for the review and approval of the City Engineer. The City will allow no more than one publicly-maintained sump per 80 acres; therefore, this GPNZC area must be included within the drainage area of adjoining property. There is a City-maintained sump near the property that may be available for storm water disposal provided that the applicant submits calculations showing the capacity exists in this sump to serve this area or the applicant can modify (deepen) the sump to provide the CC Ordinance for 04·1704 lof4 Exhibit A - Conditions of Approval/Mitigation "\1, \:ï'-"'- "- f)I(' -~_._--_._->--- "--_._.,-~_.._-~ necessary capacity. As an alternative, the applicant can retain the storm water onsite in a privately-maintained sump. c. Sewer service must be provided to the GPNZC area. 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, Due to the size of the line in Wible Road, the connection for this property must be at a manhole - either an existing one or a new one constructed by the applicant. (Condition). 8. Construct Wible Road in one piece. (Condition). 9, Construct the landscaped median for the entire frontage of the development, with the exception of the portion where the west side of Wible Road has not been completed _ a distance of approximately 88'. Pay to the City the median fee for that portion of median not constructed. (Condition). 10. 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. (Condition). 11 . No detailed traffic study is required for this project due to the results of the traffic analysis. All development within this GPNZC area shall be subject to the adopted Regional Traffic Impact Fee. (Mitigation Measure). City Attorney Condition: 12. 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 CC Ordinance for 04·1704 20f4 Exhibit A - Conditions of Approval/Mitigation ,-) "r.';" 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. City Council Conditions: 13. Access to Wible Road will be limited to two points of access. One driveway will be allowed along the north line of the R-2 zone change project area, and one driveway will be allowed on the southern portion of the 2.04 acre R-2 project area. 14. Provide berm landscaping along the Wible Road frontage to the satisfaction of the Planning Director. Said berm landscaping shall be incorporated into the landscape plan for the project. 15. That portion of the project proposed to be changed from R-1 (One-family Dwelling) to R-2 (Limited Multiple Family Dwelling) shall be limited to twenty-one (21) units. 16. All units must have tile roofs. 17. All unit exteriors shall have earth-tone colors. 18. All access to the project shall be from Wible Road. 19. Where center drive aisle terminates adjacent to landscaping, provide a separation treatment using walls, fencing, enhanced landscaping or some combination of said elements. The separation treatment shall be approved by the Planning Director and incorporated into the landscaping plan for the project. 20. All structures shall be set back a minimum of fifteen (15) feet from the east property line. 21. Provide evergreen trees along the east property line adjacent to the single family residence on the north side of Amber Canyon Place. Said trees shall have a minimum spacing of twenty (20) feet on center. Tree species shall be determined in consultation with the Planning Director prior to approval of the landscape plan for the project. 22. Conditions and Restrictions shall be approved by the Planning Director and recorded prior to final building inspection. Said Conditions and Restrictions shall contain the following conditions: a. All buildings shall be single story. b. The plans for construction of buildings, considered with this application and dated July 7, 2005, shall be used by any subsequent property owner. c. The front elevations are to remain as shown on plans considered with this application. CC Ordinance for 04·1704 30f4 Exhibit A - Conditions of ApprovallMitigation j\t'·, -,' ----_.. .~-_..._.,_."._--- ."--.--'--'--"-- d. Exterior finishes shall be stucco and earth tone colors. e. All units must have tile roofs, f. All vehicular access shall be common use. g. Maintenance of access and landscaping shall be shared in common between all property owners. Access, landscaping and exterior appearance of buildings will be maintained in a consistent and attractive manner. CC Ordinance for 04·1704 40f4 Exhibit A - Conditions of ApprovallMitigation EXHIBIT B General Plan Amendment Map - ---"-'-~---~- --~-.-_._.~---- .._.._.~--~,-- ...... __,._._.,...___._ __~__.M.··_~ _____.___m J.S H3J. W33~ 9 "" ..J ~ :E "" :::I: ..J 0 ..... ~ ~"" ...iI! :IE is "" "ë""" ....J ..J A.~ "" :J: U "II:t' C> "" 0 ~ ....... mr 31SIM ~ . 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