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HomeMy WebLinkAboutRES NO 142-06 RESOLUTION NO. 142-06 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-0599, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND EAST WHITE LANE (FUTURE), 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, March 13, 2006, and on Thursday, March 16, 2006, on General Plan Amendment No. 05-0599, 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. 05-0599, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-0599: Pinnacle Engineering for Jim & Cindy Edwards applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from HI (Heavy Industrial) to LMR (Low Medium Density Residential) on approximately 20 acres. The project site is generally located at the southeast corner of Cottonwood Road and East White Lane (future); and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0599 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. 56-06 on March 16, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-0599 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, MAY 24,2006, on General Plan Amendment No. 05-0599, notice of time 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. 56-06, adopted on March 16, 2006: a. All required public notices have been provided. 'òM~1' J ~ >- - r-' m _ r- (.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 HI (Heavy Industrial) to LMR (Low Medium Density Residential) on approximately 20 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. 05-0599 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. 05-0599, 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 southeast corner of Cottonwood Road and East White Lane (future), 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 ~P.K£'0> ~ ~ >- ñi i:;. G v ORIGINAl lead agency's decision to prepare a Negative Declaration for this project. 6. That General Plan Amendment No. 05-0599, 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. ---------()()()-------- 3 'òÞ-Kt1' ð- <!;, >- ñí .... r- é' e::, ORIQINA.l --..---------- .-......----. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted bìí the Council of the City of Bakersfield at a regular meeting thereof held on tfl1Y 2 4 006 by the following vote: ~~ c~ .....----- ~ L..- ...--- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle f the Council of the City of Bakersfield APPROVED MAY 24 2006 ~ UJttd:7- HARVEY L. LL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: fÞ!d?r-- Afv~, J Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PH - S:IGPA 1st 2006105-0599\Resolutions1CC GPA Resolution.doc 4 X 'òp.,K~1' o ~ >- - m c- '..) () ORIGINAl - Exhibit A Mitigation/Conditions of Approval 'òf<K¿:-1' ~ <!;, >- - ¡.-- m _ r-- o <::, ORIGINAl EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0599 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. T ransDortationfTraffic 3. 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. Mitigation for significant traffic impacts. 4. Prior to issuance of the first building permit within the project site, the developer shall pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study (Pinnacle Engineering, June 15, 2005) <intersection percentages have been adjusted from table per City & State policy to base share on percent of new traffic only). An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. a. White Lane and SR99 north bound ramp - expansion of intersection to provide 2 left turn lanes, 1.36% share b. Union Avenue and White Lane - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 2.43% share c. White Lane and So. H Street - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 1.60% 'òf>..K('1' ð- ~ >- IT! >:: r-- I:; C) ORIGINAl Exhibit A GPNZC No. 05-0599 Conditions of Approval d. Cottonwood Road, Casa Loma Drive to White Lane - add one lane each direction, 4.38% Mitigation for significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Residential/lndustriallnterface: 5. 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 GPNZC 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, If there are no industrially zoned properties contiguous to the GPNZC area at the time of tentative map approval, this condition shall not be in force, For public health, safety and welfare. 6. The minimum depth for a lot with a rear yard abutting industrially zoned property shall be 140 feet. If there are no industrially zoned properties contiguous to the GPNZC area at the time of tentative map approval, this condition shall not be in force. For public health, safety and welfare, 7. The minimum width for a lot with a side yard abutting industrially zoned property shall be 100 feet. If there are no industrially zoned properties contiguous to the GPNZC area at the time of tentative map approval, this condition shall not be in force, For public health, safety and welfare. 8. With the recordation of final subdivision maps within the GPNZC area, notices shall be recorded for all residential lots disclosing their proximity to industrially zoned properties and specifying the uses permitted and conditionally permitted within the industrial zone(s) contiguous to the GPNZC area. If there are no industrially zoned properties contiguous to the GPNZC area at the time of final map recordation, this condition shall not be in force. For public health, safety and welfare. Public Works: 9. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: Page 2 of 5 'òM~1' J- ~ >- iíi '::: c- o:: C::> 'lRIGINAL Exhibit A GPAlZC No. 05-0599 Conditions of Approval a. Provide fully executed dedication for White Lane and Cottonwood Road to arterial standards and Washington Street to collector 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 GPA/ZC 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 GPA/ZC 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. Formation of a Planned Drainage Area will not be required if the following conditions are met: 1) The developer enters into an agreement with the adjoining property owner/owners to construct and utilize a common sump such that the City's policy of one sump per 80 acres is achieved, Said agreement will be reviewed and approved by the City, but the City shall not be a party to the agreement. 2) The developer prepares a Master Drainage Study including all the area covered by the above-referenced agreement for review and approval of the City Engineer. Said Master Drainage Study shall include a plan for the phasing of the construction of the sump. Note: If the future development is private, and the sump is privately maintained, then a Planned Drainage Area will not be required, c. Sewer service must be provided to the GPA/ZC 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 over sizing costs to the developer. 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. Page 3 of 5 'òi'.K(1' ð- '~ .>- .- m ..... ("- IS C) ORIGINAL Exhibit A GPAlZC No. 05-0599 Conditions of Approval 10. 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 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 this GPA area. For orderly development. 11. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. For orderly development, 12. 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 GPA/ZC area, For orderly development. Bakersfield Municipal Airport Compatibilitv: 13. 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. For public health, safety and welfare. 14. 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 Page 4 of 5 'ò Þ-K ('0' á ~ >- m ~ r; v ORIGINAl ~""-""'_"'~.,.,_.. ·_'__'·_~____'·H'_'__..._._. _._.'.__.,.__._ _..".__ Exhibit A GPAlZC No, 05-0599 Conditions of Approval inconvenience, annoyance and discomfort from normal aircraft operations, For public health, safety and welfare. City Attorney: 15. 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 5 of 5 'ò"'K-8'1' cJ- <!;, > - \--' m - ,... v C:> ORIGiNAL _h____··_ Exhibit B General Plan Amendment Map <òÞ-K£,1' (~ <!:, >- ñí I:: ¡-~ . c Co /ORIGtNAI Z '!!~ ¡¡ gl~ ~ w ~ a:>!!! ~ No 2. ~ 0:::_ ~I N en i'õ ~ 00 ~ ('I') ~ I- o . 0) 0) LO 0 I . LO ~ <J:> 0 ~ l- . 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