HomeMy WebLinkAboutRES NO 296-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0456, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-
IA (RESOURCE-INTENSIVE AGRICULTURE)' TO LR (LOW
DENSITY RESIDENTIAL) ON 15.49 ACRES AND LI (LIGHT
INDUSTRIAL) ON 25.71 ACRES, LOCATED AT THE NORTHEAST
CORNER OF MCCUTCHEN ROAD AND ASHE ROAD.
296-06
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, September 18,
2006, and on Thursday, September 21,2006, on General Plan Amendment No. 06-0456, 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. 06-0456, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0456:
Maurice Etchechury for the Old River Land Company applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from R-IA
(Resource-Intensive Agriculture) to LR (Low Density Residential) on 15.49 acres and LI
(Light Industrial) on 25.71 acres. The project site is located at the northeast corner of
McCutchen Road and Ashe Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0456 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. 192-06 on September 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0456 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, NOVEMBER
15, 2006, on General Plan Amendment No. 06-0456, 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. 192-06, adopted on September 21,
2006:
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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-IA (Resource-Intensive Agriculture) to
LR (Low Density Residential) on 15.49 acres and LI (Light Industrial) on 25.71
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. 06-0456 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. 06-0456,
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 McCutchen Road 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,
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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. 06-0456, 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 passeRL1Vdft>!lm6 by the Council of
the City of Bakersfield at a regular meeting thereof held on
by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
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ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
L1. <<1~
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
NOV 1 5 2006
APPROVED
~~
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~'h,~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:\GPA 3rd 2006\06-0456\Resolutions\CC GPA Resolution.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. 06-0456
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Resources:
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 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.
Traffic and Circulation
3. Prior to the issuance of any building permit within the GPAlZC area, the developer shall
pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department. Mitigation for potentially significant traffic
and circulation impacts.
4. Prior to issuance of the first building permit within the GPAlZC area, the developer shall
pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in Table 7 of the traffic study (Ruettgers & Schuler Civil
Engineers, March 2006). 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.
Proportionate shares based on PM peak trips from the study are as follows:
a. Reliance Drive & Panama Lane: Add 1 SBL 1, 3.8% share
b. Ashe Road & Panama Lane: Add 1 SBL 1, 5.08% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
1 Striping Only
Mitigation for potentially significant traffic and circulation impacts.
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Exhibit A
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
5. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Ashe Road and McCutchen Road to arterial
standards for the full frontage of the area within the GPA request. Provide fully
executed dedication for Ashe Road from the north boundary of the GPAlZC area
to Berkshire Road, and for McCutchen Road from the east boundary of the
GPAlZC area to Mountain Ridge Drive. 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.
b. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. 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 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. The study shall be
approved and any required retention site and necessary easements dedicated to
the City.
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.
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.
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Exhibit A
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
6. 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.
7. 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.
8. Access to the project area from McCutchen Road 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-foot 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. For orderly development.
9. Access to the arterial 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.
10. Construct one additional northbound lane on Ashe Road from the north boundary of the
GPAlZC area to the intersection of Berkshire Road and one eastbound lane on
McCutchen Road from the east boundary of the GPAlZC area to the intersection of
Mountain Ridge Drive upon further development of the GPAlZC parcel. For orderly
development.
11. No portion of any residential lot shall be permitted within the %-mile buffer area for
Wastewater Treatment Plant NO.3 as depicted on attached Figure 1. For public health,
safety and welfare.
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Exhibit A
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
Plannina:
12. The following conditions, which address the PG&E High Pressure Gas Transmission
Pipeline which traverses the GPAlZC area, shall be met to the satisfaction of the
Planning Director:
a. Concurrently with recordation of any phase of a tract map that includes the
pipeline easement or portion thereof, the subdivider shall show the easement on
the final map with a notation that structures including accessory buildings and
swimming pools are prohibited within the easement and shall record a
corresponding covenant.
b. Prior to or concurrently with recordation of any phase of a tract map that includes
the pipeline easement of portion thereof, the subdivider shall show on the final
map that no habitable portion of a structure will be built within 50 feet of a gas
main, or transmission line, or refined liquid product line with 36 inches of cover,
and shall record a corresponding covenant.
c. No structure shall be built within 40 feet of a hazardous liquids pipeline bearing
refined product, with 48 inches or more of cover. If a pipeline meets this criteria,
the 40-foot setback line shall be shown in the final map and a corresponding
covenant shall be recorded prior to or concurrently with recordation of any phase
that is affected.
d. Prior to or concurrently with recordation of any phase of a tract map within 250
feet of the pipeline easement, the subdivider shall record a covenant disclosing
the location of the pipeline on all lots of the subdivision within 250 feet of the
pipeline.
For public health, safety and welfare.
Citv Attornev:
13. 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
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Exhibit A
GPAlZC No. 06-0456
Mitigation/Conditions of Approval
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.
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Exhibit B
General Plan Amendment Map
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