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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 " _._,,-_.- -- .---.----- -~ .~. i 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 2 -....,.---.- _..._-_.~.,_._._--,--_....~-_._- 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. ---------000-------- 3 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: ./,/ v' /......... V' v 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 '- "-'-"'--"'--"---'~~'--- 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 . ~s~ ! s ~ ~ ~ S 8 ~. z .... -< - - 0 ~ 0 S ~ ~ s ~ S CD Iii i N . g .q 0 ffi I II II:: LO ffi -' 0 æ s ~ i Ii ..... -ø "':¡: Z s W S i ~ 0 ~ (') Z ~ W s ~ ~ s <t: i Z ::i ~ a.. ~ i ...J ~ avo~ 3H W ~". 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I I 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 , - - - -- 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