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Home My WebLink AboutRES NO 148-06 RESOLUTION NO. 148-06 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-1421, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE NORTH SIDE OF HIGHWAY 178, EAST OF MORNING DRIVE, WEST OF VINELAND ROAD, AND SOUTH OF PALADINO DRIVE. 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. 05-1421, 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. 05-1421, an amendmentto the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-1421: Cal-Kern II, LLC applied to amend the Land Use Element ofthe Metropolitan Bakersfield General Plan consisting of a change from R-MP (Resource-Mineral Petroleum) to LR (Low Density Residential) on 20 acres. The project site is generally located on the north side of Highway 178, east of Morning Drive, west of Vineland Road, and south of Paladino Drive; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1421 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. 72-06 on April 6, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-1421 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. 05-1421, 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 Califomian, 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. 72-06, adopted on April 6, 2006: x 'òMf'-9 () <!;, >- - t: ~ ,) tJ ORIGINAl 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 R-MP (Resource-Mineral Petroleum) to LR (Low Density Residential) on 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. 05-1421 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. 05-1421, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as thou9h fully set forth, for property generally located on the north side of Highway 178, east of Morning Drive, west of Vineland Road, and south of Paladino Drive, 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 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 2 ~I\K~~ ð- <!;, >- ñi \-. ,.. is t:: Of1iGINN ~._---. .--- 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. 05-1421, 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 ~M~~ (~ <!;, ~ - I-- g! '~é () ORIGINAí I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 2 <1 2006 by the following vote: v-- ~- 1..--''''- ~ ¡,-.--- COUCH. CARSON. BENHAM. MAGGARD. HANSON, SULLIVAN, SCRIVNER Cß YE5:) NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle of the Council of the City of Bakersfield APPROVED MAY 24 2006 APPROVED as to form: VIRGINIA GENNARO City Attorney By ~?fi.~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map CK S:\GPA 1st 2006\05-1421\Resolutions\CC GPA Resolution.doc 4 ~M~~ ð- <!;, >- m r- v c:: ORIGINAl EXHIBIT A Mitigation I Conditions of Approval ~M~~ cŠ <!;, >- m >;:: ;- ~ <:- "' nRIGil"AI .···,.··_.·'·r_·_·.. 0___.__.__"" .___'_'._.__..._"_._________ EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment No. 05-1421 Bioloqicallmpact Mitiqation Measures 1. Although no evidence of the San Joaquin Kit Fox was found on the project site, since they are known to exist in the general area, prior to construction all construction personnel shall be trained by appropriate personnel 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. Prior to development, California Department of Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL) surveys shall be conducted by a qualified biologist to determine if BNLL are present on the project site. 3. A preconstruction clearance survey of the project site shall be conducted by a qualified biologist within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. It is recommended that any identified San Joaquin Kit Fox dens or Burrowing Owl nest sites be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, the CDFG, and the USFWS. In accordance with CDFG recommendations, the preconstruct ion clearance survey shall be conducted on no more than 50-foot intervals. Cultural Impact Mitiqation Measures 4. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 5. 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. 6. If paleontological resources are encountered during the course of construction, a qualified paleontologist shall be consulted for further evaluation. Department of Conservation Division of Oil. Gas. and Geothermal Resources 7. There are five abandoned wells on the project site. In accordance with the Bakersfield Municipal Code Section 15.66.080(B), these well locations and a 10- foot no-build radius must be plotted on the recorded tract map. ,<~f>..K~~ o <!;, >-. t;:, ~ ~ ". GRIGINAI- _.._0__·_____..··_ ______".,'," ~"_···_____·_·._._'4_.___·.__.."··_·_.·_ Exhibit A Conditions of Approval GPA 05-1421 Hazards and Hazardous Materials Mitiaation Measures 8. Due to the historical use of the sumps, soil testing shall be conducted by qualified personnel to determine the potential presence of petroleum hydrocarbons and other chemicals associated with oil production operations. Although only one sump was Indicated in the records, both sumps shall be sampled. Formal sump closure shall be coordinated with the Regional Water Quality Control Board. 9. Prior to recordation of the final map, soil sampling in the vicinity of the former oil well locations shall be conducted by qualified personnel to determine potential presence of petroleum hydrocarbons and other chemicals associated with drilling activities. 10. The tar-like material that was used to pave the internal access road appeared to be a thin layer, dry, and mostly degraded. Because of the significant amount present (approximately 10 feet by 1,000 feet of pavement), prior to construction, a sample of this material shall be analyzed by qualified personnel to determine the presence of heavy metals. 11. Five oil wells were previously operated at the subject property. Prior to recordation of the final map, two of these wells shall be re-abandoned by qualified personnel pursuant to DOGGR requirements and the other three shall be leak tested. Public Works 12. Along with submittal of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. This area is within the Breckenridge Planned Drainage Area, and shall construct the infrastructure as required. b. This area is within the Northeast sewer area and shall construct the infrastructure as required. 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. c. 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. 13. 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 Page 2 of 3 ~M¿:~ ð- <1;, ~ - m '::: ,.. ':J \::} ORIGiNAl Exhibit A Conditions of Approval GPA 05-1421 a lot line adjustment for any portion of this GPA area. 14. Access to the project area from Vineland Road and/or Panorama Drive is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. 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. TransDortationlTraffic 15. Prior to the issuance of any building permit, the developer is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore will do so due to the minor increase. 16. Access into the project area must be provided by the developer via a stub street at the south end of the site, north of Highway 178. The required stub street must be included on the final map to the satisfaction of the Planning Department. Citv Attornev 17. 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 preceding, 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 3 of 3 ,<'òMt::.s> o <!;, >- - ¡.-. m "0 r; ORIGINAl EXHIBIT B General Plan Amendment Map ,<~AKI::~ o ú' >- -::: \- rn - ~ o ~. ORIGINAl ...... ~ z -:!~ i1 r-I~~ ... N~ ~ a:: N1 -:t1. ~ cri~ ~ 0>8 N NN ~ I- a ~ 8 _____ø___ ~ ~ C'\I ~ ~ ..q ----------_.---------- --------- '! ---------- '! '" ~ ;: I . '" L() , " , , 0 , , I- '! , , , Z , , , , W , , , ~ , 0 Z ~ W ~ « . ~ z « 0> ....J ~ a.. CO ~ ....J ~ « 0::: w Z W ~ ~ (9 ~ '" ;: '" " ~ 8 'òM~~ ð- <!;, ~ Iii '~ r-- ~.J t:;, ORIGINAl