HomeMy WebLinkAboutRES NO 290-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0465, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM GC
(GENERAL COMMERCIAL) TO HR (HIGH DENSITY
RESIDENTIAL) ON 1.4 ACRES AND HMR (HIGH MEDIUM
DENSITY RESIDENTIAL) ON 3.8 ACRES, GENERALLY LOCATED
ON THE EAST SIDE OF SUNNY LANE, APPROXIMATELY 200
FEET SOUTH OF COLUMBUS STREET.
290-06.
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. 06-0465, 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. 06-0465, an amendment to the land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0465:
San Joaquin Engineering, Inc. for Jose Alfredo Gonzalez, James Pinkerton, Jim
Pinkerton Broker Inc., John Gonzalez & Beverly Yates, Charles Hayes, and the Kern
County Housing Authority applied to amend the land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from GC (General Commercial) to HR
(High Density Residential) on 1.4 acres and HMR (High Medium Density Residential) on
3.8 acres. The project site is generally located on the east side of Sunny lane,
approximately 200 feet south of Columbus Street; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0465 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. 196-06 on September 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0465 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. 06-0465, notice of time and place of the hearing having
been given at least ten (10) calendar days before the hearing by publication in The Bakersfie/d
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.
~ ~ft.,l(c-9
C) %
~ -
I- rn
_ r-
o C:1
ORIGINAL
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 196-06, adopted on September 21 ,
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 CECA.
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 GC (General Commercial) to HR (High
Density Residential) on 1.4 acres and HMR (High Medium Density Residential)
on 3.8 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 CECA 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. 06-0465 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. 06-0465,
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 east side of
Sunny lane, approximately 200 feet south of Columbus Street, subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A".
2
~ ~A/(C"-9
C) %
~ -
I- m
- r-
o (:)
ORIGINAL
5. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (CECA) 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. 06-0465, 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
~ ~ft.,l(c_9
C) %
~ -
I- rn
- r-
o (:)
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adc;>pted b2 the Council of
the City of Bakersfield at a regular meeting thereof held on NO V 1 5 006
by the following vote:
CAYE0
NOES:
ABSTAIN:
~.,./ V- ,,-...-- v" ~
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
ABSENT:
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
NOV 1 5 2006
,
HARVEY L. HALL
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
PH - S:\GPA 3rd 2006\06-0465\Resolutions\CC GPA Resolution.doc
4
~ -oA/(C"1>
C) %
~ -
I- rn
- r-
o (:)
ORIGINAL.
Exhibit A
Mitigation/Conditi()ns ()f Appr()val
~ -oft.,l(c-9
C) %
~ -
I- rn
- r-
o (:)
ORIGINAL
EXHIBIT A
Mitigati()n/C()nditi()ns ()f Appr()val
General Plan AmendmentlZ()ne Change N(). ()6-()465
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 Sunny Lane Road(s) to local standards for
the full frontage of the area within the GPA request if necessary. 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.
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.
~ ~~/(c1>
(;) %
)0. -
~ m
_ r-
o (:)
ORIGINAL
Exhibit A
GPAlZC No. 06-0465
Mitigation/Conditions of Approval
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.
4. The four vacant lots within this GPAlZC area 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 of the four vacant lots
within this GPAlZC area. For orderly development.
5. 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.
Plannina:
6. Prior to the issuance of any building permit, the developer shall ensure that the height
of the existing block wall between the subject parcel and the Kern County Housing
Authority's property will be raised to a minimum of six feet; the addition shall match the
existing wall. Housing Authority request agreed to by applicant.
7. Prior to the issuance of any building permit, the developer shall ensure that the line of
sight from second-story windows and balconies to the Kern County Housing Authority's
property will be screened through the use of landscaping or other means to the
satisfaction of the Planning Director. Housing Authority request agreed to by applicant.
8. The gate at the east end of Assessor's Parcel Number 126-010-33 may remain closed
and locked and available for emergency vehicle access. Housing Authority request
agreed to by applicant.
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
Page 2 of 3
~ -0 A KC-9
o %
~ -
I- m
- r-
o (:)
ORIGINAL
Exhibit A
GPAlZC No. 06-0465
Mitigation/Conditions of Approval
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 3 of 3
, '~/(c1>
a %
;\!o. -
5 G
MIGINAl
Exhibit B
General Plan Amendment Map
~ -oAKc-9
o %
~ -
I- rn
_ r-
o (:)
ORIGINAL
.....J l
0:: 0::
.... ....
0::
....
0::
....
0::
~
:J:
0:: 0::
.... :J:
LO 0:: g
co I :J:
0::
....
~ 0:: 1
0 .... It)
-
I
CO 0:: 1 r 0:: fZJ
0 .... ....
.- !!i J l !!i I g
Z 0:: I [ 0:: 1
.... ....
W !!i j I 0:: J
~ ....
0 0:: I [ 0:: 1
.... ....
Z 0:: J I 0:: J ~
.... ....
W I I rn
0:: 0:: 1 ~
~ .... ....
0:: J I 0:: J~
<( .... ....
Z 0:: I [ 0:: 1 ()
.... ....
<( !!i J I 0:: J
....
....J 0:: 11 1
D- o::
.... ....
....J s j l !!i J
<( 0:: \ \ 0:: 1
.... ....
0::: 0:: \ \ !!i J
W ....
Z 0:: \\ !!i 1
....
W 0:: \\ 0:: J
.... ....
C)
0:: \ \ 0:: ]
.... ....
0:: j t 0:: II
.... ....
0:: 1 r 0:: 1
.... ....
0:: II 0:: J
.... ....
] [ ]
] I J
1 (
0::
:J:
g
r
i
i
L
p
i
.
i
~ If
w ~
CO 0,
Z .I!!!!!IQl -::4~ ~I
en
~
0
g
~
3nN3^VNON~3^~NnOW
I
.
-
N
g
g
0::
....
3NVl ANNnS
s
g
s
( 8\
~33~~S A31VH
0:: ~
0:: 0:: :J:
~ ~
....
"r--r-\
I
1 I
~
g !i
....
0::
~
:J:
~/(~1'
o %
~ -
t: m
o c;
ORIGINAL
,--i~ ,
1 r
, I