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HomeMy WebLinkAboutRES NO 139-06 139-06 RESOLUTION NO. RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-1445, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND ASHE 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, April 3, 2006, and on Thursday, April 6, 2006, on General Plan Amendment No. 05-1445, 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. 05-1445, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-1445: Mcintosh & Associates for Castle & Cooke, Inc. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from GC (General Commercial) to HMR (High Medium Density Residential) on 9.88 acres. The project site is generally located at the northeast corner of Panama Lane and Ashe Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1445 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. 73-06 on April 6, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-1445 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 ofthe Government Code, conducted and held a public hearing on WEDNESDAY, MAY 24,2006, on General Plan Amendment No. 05-1445, 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 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. 73-06, adopted on April 6, 2006: a. All required public notices have been provided. ~1\K(1' J- <!;, >- - I- m _ f- a C::J ORIGINAL 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 GC (General Commercial) to HMR (High Medium Density Residential) on 9.88 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. 05-1445 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. 05-1445, 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 northeast corner of Panama Lane and Ashe Road, subject to the "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 2 5<. '¢M~1> o <!;. >- - m ~ ,.... v (':) ORIGINAL lead agency's decision to prepare a Negative Declaration for this project. 6. That General Plan Amendment No. 05-1445, 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 '< 'òM~-9 o û' >- ~ I;:: f!] t? C) ORIGII\iAI I HEREBY CERTIFY that the foregoing Resolution was passed and adQl1.ted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 24 2000 by the following vote: ~ NOES: -- ---------....-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARO, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER ABSTAIN: ABSENT: COUNCILMEMBER APPROVED MAY 2 4 2006 PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio CI of the Council of the City of Bakersfield HARVEY L. ALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By /?At:7n ~fl Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PH - S:\GPA 1st 2006\05-1445\Resolutions\CC GPA Resolution.doc 4 . .----.--.-. .-.-----.-..,.- ..~-_...-.._- --.. - --"'-"~--'-"_._-- ---.---- '< 'òÞ-.K,,1' Q ~ >- - ¡- no _ c- C,..) () ORIGINAl Exhibit A Mitigation/Conditions of Approval « 'òAK~?> o <f> >- ~ >-- m - ("- °OR/GINA/\:) EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1445 MITIGATION MEASURES FROM NEGATIVE DECLARATION: 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. Mitigation for potentially significant cultural resource impacts, 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. Mitigation for potentially significant cultural resource impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 3. Along with submittal 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 and Ashe Road to arterial standards, including right turn lanes, 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. b. This GPAlZC area is too small to support its 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 provide a drainage study for the GPAlZC area and shall show that arrangements have been made for the disposal of the storm water in accordance with City standards and policies and all other applicable rules and regulations. 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. '< 'òAK/:-p o ú' :>- "" >-- ñi ã r- ORIGINAl<:) Exhibit A GPAlZC No. 05-1445 Conditions of Approval d. 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. For orderly development. 4. 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. For orderly development. 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. For orderly development. Citv Attornev: 6. 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, Page 2 of 2 X 'ò!\k(:'1' a <!;, ~ - t- 0' õ E; ORIGINAL Exhibit B General Plan Amendment Map '< ~J>.K~1' o ~ >- - I--' m _ c- o (J ORIGINAL L{) ~ ~ ~ I L{) o I- Z W ~ o z w ~ « z « ...J c.. ...J « a=: w z w C> LJ $ 8 u. .. 0 w:¡ ~ g r-", Z ~~ :;¡ 0 ~ 8, ~ ~ !i: - - en!!! ~ 0 °0 ~ ~N 0 ~ ~ ~ ~ :J :J ~ ~ ~ w z :5 :í ~ f r- N ~ N N ~ QVOH ( ~ J QVOH 3HSV ~ ~ ~ ~ ~ ~ w z :5 :í ~ f 00 N ~ ~ N ~ ~ ~ ~ 'òAKt." o ~ :>- - f-' m - I"- o e:, ORIGINAL' I ~ n~ . -.--.,---..,.-..- -.- ._._, ..--,-~.,.~..-.,.-.----.