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HomeMy WebLinkAboutRES NO 038-06 RESOLUTION NO. 038-06 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-1199, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE NORTH SIDE OF PANAMA LANE AND APPROXIMATELY 300 FEET EAST OF SOUTH H STREET. 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, November 28, 2005, and on Thursday, December 1, 2005, then continued the item to Thursday, December 15, 2005, on General Plan Amendment No. 05-1199, notice of time and place for a public 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, 05-1199, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-1199: Marino/Associates, for Patrick Padilla c/o Cen Cal Construction, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 2.5 acres, The project site is located north of Panama Lane and approximately 300 feet east of South H Street; and WHEREAS, an Initial Study was conducted for General Plan Amendment No, 05-1199 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. 208-05 on September 15, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-1199 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 an WEDNESDAY, February 8, 2006, on General Plan Amendment No. 05-1199, 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. ~ 'òM('-9 Q % >- iñ ~ G \) ()fIIG1N1I1 ----._.~--_.,----_._..+-,,- 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 208-05, 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 Low Density Residential (LR) to High Medium Density Residential (HMR) on 2.5 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 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. 05-1199 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. 05-1199, 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 north side of Panama Lane and approximately 300 feet east of South H Street, subject to "Mitigation/Conditions of Approval" listed in Exhibit "A". 2 ~ ~"'I\£,-» o iJ;.. >- ñi I;:::, ,.... " ORlGltlrt ._~_.._.,._-_._.---,.,._.__.- 5. Based on the absence of evidence in the record as required by Section 21082,2 ofthe 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. 05-1199, 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 ~Mf~ o ~ >- ¡:¡; >;:: ,.. " () ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was :1,assed and äQOpted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 8 20U5 by the following vote: , A.:(ES0 N~ ABSTAIN: ABSENT: -¡,...-- ---- --- \..- ~ L----- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield APPROVED FEB 8 2006 HARVEY L. HALL MAYOR of the City of Bakersfi APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~ìr0 ~, Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map S:\GPA 4th 2005\05-1199\Resolutions\CC GPA Resolution.doc 4 <ç,Mê.£ J ~ >- ñi >;;. r- "ORIGINAl:' EXHIBIT A Mitigation/Condition of Approval General Plan Amendment No. 05-1199 ~P.Kçl' ð ~ ,. m "" r- î} OflIGIN"f EXHIBIT A Mitigation/Condition of Approval General Plan Amendment No. 05-1199 MITIGATION MEASURES CONTAINED IN THE NEGATIVE DECLARATION: Cultural 1. If subsurface archaeological remains be unearthed during future construction activity, work in the area of discovery shall be stopped until the finds can be evaluated. If necessary, impacts to significant cultural resources shall be mitigated prior to resumption of development. 2. If human remains are discovered during grading ar 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 Public Works: 3. 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 Panama Lane Road(s) to arterial standards for the full frontage of the area within the GPA request, if necessary, 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 a publicly maintained 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 its proportionate share of the necessary ultimate storm drainage facilities. Alternately, the drainage can be retained on-site in a privately maintained sump, c. 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. ~M£'-5' J ~ >- iíi '::. f; r,) ORIGINAL Mitigation/Conditions of Approval November 15, 2005 Page 2 d. 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. e. Median fees shall be paid for the frontage on Panama Lane. Traffic: 4. The developer shall pay into the adopted Regional Traffic Impact Fee fixed rate program. ADDITIONAL CONDITIONS OF APPROVAL Teion Indian Tribe Notification 5. Prior to recordation of the first final map or commencement of ground disturbing construction activities within the GPAlZC area, whichever occurs first, the applicant shall notify the Tejon Indian Tribe Cultural Resource Management Team (CRMT) of the planned construction schedule and shall grant permission to CRMT personnel to conduct archaeological monitoring of ground disturbing activities, Said notice shall be sent by registered mail to: Tejon Indian Tribe CRMT, 2234 4th Street, Wasco, CA 93280. The applicant shall submit proof of compliance with this requirement to the Bakersfield Planning Department. In the event the construction schedule changes following the initial notification, subsequent notice(s) shall be given to the Tejon Indian Tribe CRMT and Bakersfield Planning Department in the manner described above. Added by Planning Commission in response to a comment letter from the Tejon Indian Tribe CRM. Homeowners Association and Propertv Owner Aareement 6. The development will be limited to one triplex per lot (for a maximum of thirty units on the ten lots). 7. The developer shall construct a six foot high wrought iron fence with a six inch curb footing between lots 24 and 25 along the south side of the Homeowners Association park / north side of the alley. The exact location being north or south of the existing oleander bushes to be determined by the Homeowners Association prior to construction of the fence. 8. The developer shall install stop signs at alleys where intersecting Spring brook Drive or Bluecreek Drive (total of three stop signs). The developer shall install two speed limit signs as directed by the homeowners association. 9. The developer shall post "no parking' signs along both sides of Spring brook Drive and Bluecreek Drive between the alleys and Panama Lane. Conditions 6 through 9 add by the Planning Commission in response to a letter dated December 14, 2005. 'òM£,1' ð- ~ >- ñi I;:; r;; "ORIGINAL Mitigation/Conditions of Approval November 15, 2005 Page 3 Citv AUornev: 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 ta 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. 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