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Home My WebLink AboutRES NO 255-05 RESOLUTION NO. 2 5 5 - 0 5 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-0412, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT THE NORTHWEST CORNER OF PACHECO ROAD AND COTTONWOOD 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 Monday. September 12. 2005, and on Thursday, September 15, 2005, on General Plan Amendment No, 05-0412. 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. 05-0412. an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. is as follows: General Plan Amendment No. 05-0412: South Enterprise Zone applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from Heavy Industrial (HI) to Low Medium Density Residential (LMR) on 17.1 acres and from Public Facilities (P) to LMR on 5,5 acres. The project site is generally located at the northwest corner of Pacheco Road and Cottonwood Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No, 05-0412 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 California Environmental Quality Act (CEQA); and WHEREAS, by Resolution No, 127-05 on September 15, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No, 05-0412 subject to the "Mitigation/Conditions of Approvalnlisted in Exhibit "An and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; 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. November 9.2005, on General Plan Amendment No. 05-0412, 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 '< 'òMÆ''9 () ~ >- - I- m _ r- o C> ORIGINAL 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. 127-05. adopted on September 15, 2005: a. All required public notices have been provided, b, The provisions of CEQA have been met. c, Based upon the Initial Study and comments received. staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. d. The public necessity. general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. e. The land use designation change from Heavy Industrial (HI) to Low Medium Density Residential (LMR) on 17,1 acres and from Public Facilities (P) to LMR on 5,5 acres is compatible with the land use designations of surrounding properties and are internally consistent with the Metropolitan Bakersfield General Plan. f. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA. the State CEQA Guidelines. and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission. 3, That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. 4. 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, 05-0412 is hereby approved and adopted. 2 X <¢AKê1' () ~ "- - I- m - r- o C> ORIGINAL 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, 05- 0412, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth. for property generally located at the northwest corner of Pacheco Road and Cottonwood Road. subject to "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. 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 purposes 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 State of California Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Negative Declaration for this project. 6. That General Plan Amendment No, 05-0412. approved herein, be 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. ---------000-------- 3 X 'òÞ-K~-9 C) .¡;, >- ~ r- fT; _ r- o to 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 NOll 1 R ?nnr; by the following vote: ~ NOES: ABSTAIN: ABSENT: _/ v V 1.--" .....-- ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER L1~,c, ð. ¡],rA~ PAMELA A. McCARTHY, C CITY CLERK and Ex Offic Clerk of the Council of the City of Bakersfield APPROVED Mn\l 1 62005 -i6~t:fWl MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By:~)n ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PH - S:\GPA 3rd 2005\05-0412\Resolutions\CC GPA Resolution.doc 4 '< 'òAKf1'. () ~ >- - I- m - r- c) C> ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0412 Cultural Resources: 1. If cultural resources are encountered during construction. a qualified archaeologist shall be retained by the developer to evaluate the significance of the resources and to formulate a mitigation program if necessary, The archaeologist shall coordinate with the City of Bakersfield Planning Department. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time. work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050,5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Residential/Industrial Interface: 3. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential lots) shall be constructed along all residential property lines which abut industrially zoned property. These walls shall be included on all applicable subdivision maps for the GPAlZC area and shall be constructed prior to the recordation of each affected phase. This wall shall not interfere with any easements and shall not have any gaps or openings. 4. Prior to recordation of any final subdivision map within the GPAlZC area. the applicant and/or property owner shall apply for and obtain approval of a GPAlZC to designate and zone the balance of the subject property (Assessor's Parcel Number 172-070-03) LI (Light Industrial) and M-1 (Light Manufacturing). respectively. 5. Subdivision design along the northern boundary shall include a buffer to separate future residences within the GPAlZC area from the M-3 zone. The buffer may include a combination of walls. landscaping, street access. sump. minimum lot widths and/or depths, or other features approved by the Planning Director. The buffer shall provide no less than a 100-foot setback between habitable residential structures and the M-3 zone boundary. Public Works: 6. Prior to approval of any development plan. improvement plan. or application for a lot line adjustment. the following shall occur: '< 'òAKf'9 o <f> >- ~ I- m - r- o C> OPIGINAL Exhibit A GPAlZC No. 05-0412 Mitigation/Conditions of Approval a. Provide fully executed dedication for Pacheco Road and Cottonwood Road to arterial and collector standards for the full frontage of the area within the GPAlZC area, Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted. dedication can be provided with the map. b. This GPAlZC area is too small to support its own storm drainage sump. For storm drainage, only 1 sump will be allowed to serve the entire GPAlZC area. This sump must be located on the periphery of the GPAlZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. The developer shall cooperate in the formation of a Planned Drainage Area over the north half of the section. c. Sewer service must be provided to the GPAlZC 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. 7. The entire area covered by this GPAlZC shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated 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 the GPAlZC area. 8. Developer shall pay median fees for Cottonwood Road within the boundaries of the GPAlZC area. The payment of these fees may be phased to match the construction phasing of the project. 9. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 10. Prior to the issuance of any building permit, the developer shall pay the applicable Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of Bakersfield Public Works Department. Page 2 of 4 «. oçMt1' o ~ >- ñí '::- r- () C> 0RIGINAL Exhibit A GPAlZC No. 05-0412 Mitigation/Conditions of Approval Bakersfield Municioal Airoort Comoatibilitv: 11. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots, Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. 12. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations, The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. City Attornev: 13. 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. Page 3 of 4 «. 'ò~K~1' o ò~ >- - I- m - f""- o C> ORIGINAL Exhibit A GPAlZC No. 05-0412 Mitigation/Conditions of Approval 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, Page 4 of 4 , 'òAKf", cŠ ''(r >- ~ _ m - r- o C> ORIGINAL Exhibit B General Plan Amendment Map «. 'òMf-9 o ~ "- - I- m _ r- o C> ORIGINAL N T'"" -q- o I L() o I-- Z W ~ o z w ~ « z :5 a.. ....I ~ W Z W (!) .... ! !i ~ ~ !I o ~ z .. ~ . ... t , I , I I , I , "-"_"_"-11_" ~ ..., I ~ . I u , t II:: . ~ ~ ~ , I Q. '" - , ~ . JJ .. ~ ...... JJ. I . ../ JJ ./ ~ ............. ~ ~ .............. ~...... JJ. I 8 ~ ~ - - .--- .--- ~ i~i~~ ¡ , ~ ~ i I ~ ~ ~ i ' . I ~ , . g , : .......- Œ~~ f ~ · · · · · . : ~ i : ~ ¡ ill - """ : - i i -1 [E: . - . ---- ~- · · · ~ I i . ~ . ~ ... ........... .............. "_11_"_"_"_" .... I ". = L ~ ~.t : .". !: ." , .... .... .... ..- ". w" I -.. ." ~ ~mŒ0[!] : =~ · r~Ulffi[I]~ ·~'K~~ ~ u '---1 I , , % I I . . -'/II I . t I l'T II , v '<' "- - I- J!' Q b ORIGINAL