HomeMy WebLinkAboutRES NO 217-06
21'1-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING
THE NEGATIVE DECLARATION AND APPROVING
GENERAL PLAN AMENDMENT NO. 05-1479, AN
AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL
PLAN, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF TAFT HIGHWAY AND
ASHE ROAD.
WHEREAS, Mcintosh & Associates, for Kevin E. Pascoe & Laura C. Pascoe, 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, June 12,
2006 and Thursday, June 15,2006 on General Plan Amendment No. 05-1479, notice of he 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 05-1479, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows: '
General Plan Amendment No. 05-1479:
Mcintosh & Associates, for Kevin E. Pascoe & Laura C. Pascoe 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 Residential) on approximately nine acres. The
project site is located north of Taft Highway (State Route 119) between Stine Road and
Ashe Road; and
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WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1479 and it
was detennined 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. 111-06 on June 15, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1479 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,
August 16, 2006, on General Plan Amendment No. 05-1479, 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:
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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. 111-06, adopted on June 15,
2006:
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 approximately nine acres is compatible with the land
use designations of surrounding properties and is intemally 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. 05-1479 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-
1479, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located north
of Taft Highway (State Route 119) between Stine Road and Ashe Road, subject to
"Mitigation/Conditions of Approval" listed in Exhibit "A."
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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 lead agency's decision to prepare a
Negative Declaration for this project.
6. That General Plan Amendment No. 05-1479, 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.
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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 AUG 1 6 2006 by the
following vote:
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ABSTAIN:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~ _ () \:) l~_
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C erk of the
Council of the City of Bakersfield
APPROVED AUb 1 6 ~1.l06
-HARV~~
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~/n~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PE - S:\GPA 2nd 2006\05-1479\Resolutions\CC Resolution GPA 05-1479.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1479
Culturallmoact Mitiaation Measures
1. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation. (Mitigation for
potentially significant cultural impact)
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 impact)
Citv Attornev
3. 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.
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ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
4. Along with the submittal of any development plan, prior to approval of improvement
plans, or application for a lot line adjustment, the following shall occur:
4.1. Provide fully executed dedication for Taft Highway to Caltrans Standards for the
full frontage of the area within the GPA request and including the frontage of the
RR parcel at the southwest corner of the GPA/ZC area. Construct full
improvements on the north side of Taft Highway in front of the RR parcel upon
further development of the GPA/ZC parcel. Provide access to the RR parcel
from the tract. Provide access to the 10 acre parcels to the east and to the
west. 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. 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. (For Orderly Development)
5. This GPA/ZC 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 GPA/ZC area, showing it's proportionate share of the necessary
ultimate storm drainage facilities. Develop an interim drainage plan that will remain
in effect until surrounding property is developed. (For Orderly Development)
6. 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 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. (For Orderly Development)
7. 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)
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8. Payment of median fees for the arterial frontage of the property within the GPA/ZC
request is required prior to recordation of any map or approval of any improvement
plan for the GPA/ZC area. (For Orderly Development)
9. Secondary emergency access will be required with the tract. (For Orderly
Development)
10. The area shall participate in a major bridge and thoroughfare district for the
construction of the Farmers Canal at Taft Highway. (Mitigation for potentially
significant traffic and circulation impacts)
Local Mitiaation
11. The development is required to pay into the adopted Regional Traffic Impact Fee
fixed rate program.
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Exhibit B
General Plan Amendment Map
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