HomeMy WebLinkAboutRES NO 293-06
RESOLUTION NO. 2 9 3 -= 0 -e"
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0435, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM SR
(SUBURBAN RESIDENTIAL) TO OC (OFFICE COMMERCIAL) ON
2.5 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF
BRIMHALL ROAD, APPROXIMATELY 1/8-MILE WEST OF
CALLOWAY 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, September 18,
2006, and on Thursday, September 21,2006, on General Plan Amendment No. 06-0435, 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. 06-0435, an amendment to the land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0435:
Porter-Robertson Engineering & Surveying for David Wilson applied to amend the land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from
SR (Suburban Residential) to OC (Office Commercial) on 2.5 acres. The project site is
generally located on the north side of Brimhall Road, approximately 1/8-mile west of
Calloway Drive; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0435 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. 188-06 on September 21,2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0435 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. 06-0435, 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. 188-06, adopted on September 21 ,
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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 SR (Suburban Residential) to OC (Office
Commercial) on 2.5 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. 06-0435 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. 06-0435,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the north side of
Brimhall Road, approximately 1/8-mile west of Calloway Drive, 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
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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. 06-0435, 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 NOV 1 5 7006
by the following vote:
C@
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
NOV 1 5 2006
C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~~~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:\GPA 3rd 2006\06-0435\Resolutions\CC GPA Resolution.doc
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Exhibit A
Mitigati()n/C()nditi()ns ()f Appr()val
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EXHIBIT A
Mitigati()n/C()nditi()ns ()f Appr()val
General Plan AmendmentlZ()ne Change N(). 06-0435
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.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
3. 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 Brimhall Road to arterial standards for the
full frontage of the area within the GPAlZC 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 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.
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Exhibit A
GPAlZC No. 06-0435
Mitigation/Conditions of Approval
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.
For orderly development.
4. The entire area covered by this GPAlZC 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 GPAlZC
area. For orderly development.
5. Construct all street improvements to full width including any expanded intersection for
Brimhall Road adjacent to the GPAlZC area boundary. For orderly development.
6. With any development of this GPAlZC area, construction of the median in Brimhall
Road is required. The limits of construction shall be from Calloway Drive to a point as
near the western boundary of this GPAlZC area as is compatible with the required
pavement transition. For orderly developrnent.
7. 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
developrnent.
8. 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:
9. 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
Page 2 of 3
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Exhibit A
GPAlZC No. 06-0435
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.
Page 3 of 3
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Exhibit B
General Plan Amendment Map
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