HomeMy WebLinkAboutRES NO 031-06
RESOLUTION NO.
031-06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION ND APPROVING GENERAL PLAN AMENDMENT
NO. 05-0426, AN AMENDMENT TO THE LAND USE ELEMNT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED WEST OF STINE ROAD AND SOUTH OF
TAFT HIGHWAY, EAST OF THE FARMERS CANAL.
WHEREAS, The Monarch Affiliates, for Paul Schallberger and Mike Kerfoot filed an
application requesting a General Plan Amendment, change of zoning of that certain property within
the City of Bakersfield as hereinafter described; and
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
12, 2005, and on Thursday, December 15, 2005, on General Plan Amendment No. 05-0426, 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. 05-0426, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0426:
The Monarch Affiliates for Paul Schallberger and Mike Kerfoot applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from RR
(Rural Residential) to LR (Low Density) on approximately 31.2 acres located west of Stine
Road and south of Taft Highway, east of the Farmers Canal; and
WHEREAS, for the above-described project, an Initial Study was conducted for General Plan
Amendment No. 05-0426 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. 191-05 on December 15, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No, 05-0426 subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A" 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,
February 8, 2006, on General Plan Amendment No. 05-0426, notice oftime and place ofthe 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. 191-05, adopted on December
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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 RR (Rural Residential) to LR (Low
Density Residential) on 31.2 acres is compatible with the land use
designations of surrounding properties and is 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 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 Planning Commission ofthe 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. 05-0426 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. 05-
0426, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located west
of Stine Road and south of Taft Highway; east of Farmers Canal, 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
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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. 05-0426, 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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and. adopted b.Y.lhe Council
of the City of Bakersfield at a regular meeting thereof held on FES 8 ZUUQ by the
following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~
ES:
ABSTAIN:
ABSENT:
PAMELA A. McCARTHY,
CITY CLERK and Ex OfficI Clerk of the
Council of the City of Bakersfield
APPROVED
FEB 8 2006
HARV L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~A;t; /1't-' ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:IGPA 4th 2005105-0426\Resolutlons1CC Resolution GPA 05.00426.doc
4
Exhibit A
Mitigation/Conditions of Approval
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change 05-0426
MITIGATION MEASURES CONTAINED IN NEGATIVE DECLARATION:
Biolooical Resources Mitioation Measures
1. Although no evidence of the kit fox was found on the project site, since they are
known to exist in the area, it is recommended that all construction personnel be
trained in sensitive species identification and avoidance techniques and be
instructed to be on the lookout for kit fox sign during earth disturbance phases of
construction, Any evidence, such as dens, should be avoided and reported to
the reviewing agencies for resolution.
2. It is recommended that a pre-construction clearance survey be conducted within
30 days of initial ground disturbance in accordance with the provisions of the
MBHCP. It is recommended that any identified kit fox dens be monitored,
excavated, and backfilled in accordance with the recommendations of the
MBHCP, the CDFG, and the USFWS.
Cultural Impact Mitioation Measures
3. If subsurface archaeological resources are unearthed during future construction
activity, work shall stop in the areas of the discovery until the finds can be
evaluated. If determined necessary, impacts to significant cultural resources
shall be mitigated prior to the resumption of development.
4. 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
Traffic Impact Mitioation Measures
5. Prior to the issuance of any building permit, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department.
Exhibit A-1
Coditions of Approval
GPZlZC 05-0426
Page 2 of 4
Future Intersection Improvements
Taft Hwy and Project Construct intersection.
1 Entrance 1
Project entrance to be
constructed by
develo er.
Project entrance to be
constructed by
develo er.
Stine Road and Construct intersection.
2 Project Entrance 2
6. The project shall contribute its proportionate share of the costs to construct
necessary improvements required due to future traffic growth projections in the
study area. Contribution to the Metropolitan Bakersfield Transportation Impact
Fee Program shall be the fixed rate of $5,780 per single family dwelling unit and
shall be offset by those improvements which are wholly funded by the developer
but which benefit surrounding properties. Construction of facilities within the
Transportation Impact Fee Program shall be in accordance with the City of
Bakersfield's current Capital Improvement Plan for the Metropolitan Bakersfield
Area.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
7. Prior to approval of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
. Provide fully executed dedication for Stine Road to arterial
standards and Taft Highway to state highway standards for the full
frontage of the area within the GPA request. 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.
. This GPAlZC area is too small to support it's own storm drainage
sump, The City will allow no more than one sump per 80 acres;
therefore, this GPAlZC area must be included within the drainage
area of adjoining property, The developer shall participate in the
development of a Planned Drainage Area and provide a drainage
study for the GPAlZC area, showing it's proportionate share of the
necessary ultimate storm drainage facilities, The study shall be
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0426
Page 3 of 4
reviewed and approved by the City Engineer and any required
retention site and necessary easements dedicated to the City,
. Sewer service must be provided to the GPAlZC area. The
developer shall be responsible for the initial extension of the sewer
line to serve the property, This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is
willing to aid the developer in the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
. In order to preserve the permeability of the sump and to prevent the
introduction of sediments from construction or from storm events,
all retention and detention basins (sumps) shall have a mechanical
device in the storm drain system to remove or minimize the
introduction of oil, grease, trash, and sediments to the sump. This
device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the
least maintenance cost.
8, 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,
9. Payment of median fees for the arterial frontage of the property within the
GPAlZC request is required prior to recordation of any map or approval of
any improvement plan for the GPAlZC area.
10. With the development of this GPAlZC, the south side of the Taft Highway
crossing of the Farmer's Canal must be constructed, 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.
Department of Conservation Condition:
11. The proposed project is located beyond the administrative boundaries of any oil
or gas field, There are no oil, gas, or injection wells within the boundaries of the
project site. Regardless, if excavation or grading operations uncover a
previously unrecorded well, the Division district office in Bakersfield shall be
Exhibit A-1
Coditions of Approval
GPZlZC 05-0426
Page 4 of 4
notified as such wells may require remedial operations, It will be the
responsibility of the developer to notify such Division and bear all costs
associated with remediation,
Citv Attornev
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 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.
JS:jm
S:IGPA 4th 2005105-04261PC PackagelConditions of Approval.doc
Exhibit B
General Plan Amendment Map
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METROPOLITAN BAKERSFIELD GENERAL PLAN
Land Use Desianations
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
SI Service Industrial ,
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
8R Suburban Residential -----
S 4 dwelling units/net acre
P Public Facilities
SRI LR County: S 4 dwelling units/net acre
City: S 7.26 dwelling units/net acre P8 Public/Private Schools
LR Low Density Residential PT Public Transportation Corridors
S 7.26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but :S 10 dwelling units/net acre OS Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units but:S 17.42 dwelling units/net acre
08-8 Slopes exceeding 30%
HR High Density Residential
> 17.42 units but:S 72.6 dwelling units/net acre R-tA Resource - Intensive Agriculture
20 acre minimum parcel size ,
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R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
80 acre min (Williamson Act)
GC General Commercial
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections,
Expresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide access to abutting
property .
Collectors
function to connect local streets with arterials and to provide access to abutting property.
Locals
are exclusively for property access and through traffic is discouraged.
S:\Forms\zone-gp.doc