HomeMy WebLinkAboutRES NO 289-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0349, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-
MP (RESOURCE-MINERAL AND PETROLEUM) TO LR (LOW
DENSITV RESIDENTIAL) ON 13.84 ACRES AND HMR (HIGH
MEDIUM DENSITY RESIDENTIAL) ON 6.19 ACRES, GENERALL V
LOCATED ON THE NORTH AND SOUTH SIDES OF PANORAMA
DRIVE (FUTURE), APPROXIMATEL V ONE-QUARTER MILE WEST
OF VINELAND ROAD.
289~Q4
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. 06-0349, notice ofthe
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. 06-0349, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0349:
Cornerstone Engineering for Jack Hood & Hazel Mary Hobba applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from
R-MP (Resource-Mineral and Petroleum) to LR (Low Density Residential) on 13.84 acres
and HMR (High Medium Density Residential) on 6.19 acres. The project site is generally
located on the north and south sides of Panorama Drive (future), approximately one-
quarter mile west of Vineland Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0349 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. 180-06 on September 21,2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0349 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 WEDNESDA V, NOVEMBER
15, 2006, on General Plan Amendment No. 06-0349, 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.
~ <<o~I(C'-9
o %
>- -
I- m
_ r-
<,;) t:1
ORIGINAL
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 180-06, 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 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 and Petroleum)
to LR (Low Density Residential) on 13.84 acres and HMR (High Medium Density
Residential) on 6.19 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. 06-0349 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. 06-0349,
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 and
south sides of Panorama Drive (future), approximately one-quarter mile west of Vineland
Road, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A".
2
<ot-.Kc-9
~ ~
>- ji;
t: 6
<,;)
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 (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. 06-0349, 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
~ <<o~I(C'-9
o %
>- -
I- m
_ r-
<,;) t:1
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adogted. by the Council of
the City of Bakersfield at a regular meeting thereof held on NOV 1 5 zOOo
by the following vote:
GES:~
NOES:
~ .....-- ",--- ...-- ---- ..--- V--
COUNCILMEMBER C6UCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
ABSTAIN:
ABSENT:
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED NOV 1 5 2006
HARVEY L. HAL:
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~>>z. ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:\GPA 3rd 2006\06-0349\Resolutions\CC GPA Resolution.doc
4
~ <oto.Kc-9
<:> ~
>- -
I- J!!
(3 Q
ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
~ <o~/(C'~
<:> %
>- -
I- m
_ r-
<,;) Q
ORIQINAI.
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-0349
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Bioloaical Resources
1. Because evidence of the San Joaquin Kit Fox and the American Badger was found on
the project site, all construction personnel shall be trained in sensitive species
identification and avoidance techniques and be instructed to be on the lookout for
sensitive species sign during earth disturbance phases of construction. Any evidence,
such as dens, shall be avoided and reported to the reviewing agencies for resolution.
Mitigation for potentially significant bi%gical resource impacts.
2. A preconstruction clearance survey shall be conducted within 30 days of initial ground
disturbance in accordance with the provisions of the MBHCP. Any identified kit fox
dens shall be monitored, excavated, and backfilled in accordance with the
recommendations of the MBHCP, CDFG, and USFWS. Mitigation for potentially
significant biological resource impacts.
3. The applicant shall conduct California Department of Fish and Game protocol level
Blunt-Nosed Leopard Lizard (BNLL) surveys to determine if BNLL are present on the
project site. Any evidence shall be reported to the reviewing agencies for resolution.
Mitigation for potentially significant biologica/ resource impacts.
Cultural Resources:
4. 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.
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.
Mitigation for potentially significant cultural resource impacts.
6. If paleontological resources are encountered during construction, a qualified
paleontologist shall be retained by the developer to evaluate the significance of the
resources and formulate a mitigation program if necessary. The paleontologist shall
~ <o~/(C'~
<:> %
>- -
!::: J!!
<,;) t:1
ORIGINAL
Exhibit A
GPAlZC No. 06-0349
Mitigation/Conditions of Approval
coordinate with the City of Bakersfield Planning Department. Mitigation for potentially
significant paleontological resource impacts.
Traffic and Circulation:
7. 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. Mitigation for potentially significant traffic and circulation
impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
8. 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 Panorama Drive to collector 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 within the Breckenridge drainage area and shall follow the
requirements, build the proposed improvements and pay the necessary fees of
the area. If the entire Breckenridge drainage area improvements have not been
constructed, temporary drainage basins may be required to be constructed within
the GPAlZC area and remain in place until all of the infrastructure is constructed.
c. Sewer service must be provided to the GPAlZC area. This area is within the
Northeast Planned Sewer Area and shall follow the requirements, build the
proposed improvements and pay the necessary fees of the area. There is a
sewer trunk line at the south boundary of this GPAlZC area - the tract design
shall either locate a street over the existing sewer trunk line or, if approved by the
City Engineer, the developer shall relocate the trunk line to be within new street
rig ht -of-way.
Page 2 of 4
~ <<o~I(C'~
o ~
>- -
I- m
_ r-
(,) ()
MIGlNAl
Exhibit A
GPAlZC No. 06-0349
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.
9. 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.
10. With the development of the project area, approved, improved access to the site must
be provided. 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.
11. 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
standard, with a-foot graded shoulders. To provide access to the site, construct either:
(a) Panorama Drive west to Morning Drive as a two lane roadway, 32-foot minimum
paved width, with expansion at the intersection for dedicated left turn lanes east
and west bound with necessary restriping of the east bound leg; or,
(b) Extend Panorama Drive east to Vineland Road, if complete, as a two lane
roadway, 32-foot minimum paved width, with expansion at the intersection for
dedicated left turn lanes east and west bound with necessary restriping of the
north, south and west bound legs.
For orderly development.
Page 3 of 4
<0 p../( C'-9
~ %
>- -
I- m
_ r-
<,;) 0
ORIGINAL
Exhibit A
GPAlZC No. 06-0349
Mitigation/Conditions of Approval
City Attornev:
12. 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 proceeding, falling
under this condition within thirty (3D> 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 4 of 4
~ <o~/(C'~
<:> %
>- -
I- m
_ r-
<,;) t:1
ORIGINAL
Exhibit B
General Plan Amendment Map
~ <O~/(C'-9
<:> %
>- -
.... m
_ r-
<,;) t:1
ORIGINAL
0)
~
("f)
o
I
(0
o
I-
Z
UJ
~
o
z
UJ
~
<C
z
<C
....J
a..
....J
~
UJ
Z
UJ
C)
~ m
~
~ ~,
~~---;;;.::;a:~ a::J
en
0::: a>
N
..J l-
e::
...J
~ 0
lJ)
0
0:::
..J
0:::
..J
c..
::E
cr.
c..
::E
cr.
0:::
..J
u
(!)
L..:...
---~
u
(!)
,...
,
~q?~
I
,
,
I
,
I
I
,
,
I
,
0::: 0:::1
..J :I: ,
g ,
I
I
I
Il. I
::1E ,
I
cr. I
,
I
I
I
,
I
I
,
I
I
,
,
I
, 0:::
I ..J
I
I
I
,
I
I
I
,
I
I
I
,
,
,
,
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
,
I
I
I
I
I
I
I
I
I
I
,
I
I
I
I
I
I
I
,
I
I
,
,
I
I
,
I
I
- -------f--
ClO
....
......
~
?i
~
:I:
S2
:I:
~ <ot-.K
<:>
>-
t-
e:;
ORIGINAL -