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HomeMy WebLinkAboutRES NO 309-06 RESOLUTION NO. 3 0 9 - 0 6 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, UPHOLDING THE APPEAL AND APPROVING GENERAL PLAN AMENDMENT NO. 06-0443, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LI (LIGHT INDUSTRIAL) TO HMR (HIGH MEDIUM DENSITY RESIDENTIAL) ON 23.88 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF PACHECO ROAD AND WEST OF AKERS ROAD (FUTURE). WHEREAS, Marino and Associates for West Coast Investments, Inc., 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, September 18,2006 and Thursday, September 21,2006 on General Plan Amendment No. 06-0443, 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 06-0443, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-0443: Marino and Associates for West Coast Investments, LLC applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LI (Light Industrial) to HMR (High Medium Density Residential) on 23.88-acres located on the north side of Pacheco Road and west of Akers Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0443 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, the City Council conducted a public hearing on November 15, 2006 and November 29, 2006 to consider the Planning Commission Resolution 198-06; and WHEREAS, at the November 29,2006 hearing the City Council modified the request to include LI to HMR on 23.88 acres; 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. 06-0443, 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 applicant appealed the Planning Commission decision to deny the project; ~ fQ"'k~~ o ~ >- - I- m _ r- <..) 0 Page 1 of 3 ORIGINAL and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. All required public notices have been provided. 3. The provisions of CEQA have been met. 4. 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. 5. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. 6. The land use designation change from LI (Light Industrial) to HMR (High Medium Density Residential) on 23.88-acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. 7. The laws and regulations relating to the preparation and adoption of Negative Declarations set forth in CEQA, the State CEOA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission 8. That the applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. 9. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 10. That the Council denies the request on the 4.86 acre portion designated SI (Service Industrial) in order to avoid land use conflicts. NOW, THEREFORE, BE IT RESOLVED and found by the Council 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. 06-0443 is hereby approved and adopted. 2. 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. 3. The City Council hereby approves and adopts General Plan Amendment No. 06- 0443, consisting of 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 Pacheco Road and west of Akers Road, subject to "Mitigation/Conditions of Approval" listed in Exhibit "A". Page 2 of4 ~ fQM~~ o ~ >- - I- m _ r- <..) 0 ORlG't-4Al 4. 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. 5. That General Plan Amendment No. 06-0443, 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. 6. That the appeal is upheld. ---------()()()-------- Page 3 of 4 fQ"'K~~ ~ ~ >- - .... rn - , <..) 0 ORIGINAL 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 2 9 lOOS by the following vote: v- ,..- v--- v' ......-- .........--- ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ NOES: ABSTAIN: ABSENT: PAMELA A. McCARTH CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 9 2006 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~(rh ~ Exhibit A - General Plan Amendment Map JS - S:\GPA 3rd 2006\06-0443\Resolutions\CC Resolution GPA.06-0443.doc Page 30f3 fQ"'k~~ ~ ~ >- - .... m - , c.) 0 ORIGINAL Exhibit A Mitigati()n/C()nditi()ns ()f Appr()val fQM~~ J ~ >-- - I- ~ <:> 0 ORIGINAL EXHIBIT A-1 Conditions of Approval General Plan Amendment/Zone Change No. 06-0443 MITIGATION MEASURES FROM NEGATIVE DECLARATION: CulturallmDact Mitication 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 resource impacts. 2. If human remains were 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. Biolocical Resource Mitication Measures: 3. Prior to any grading approval, all earth moving contractors and employees shall attend a "tailgate" session informing them in sensitive species identification and avoidance techniques for kit fox protection measures to be followed for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the kit fox and other species, summary of applicable environmental law, procedures to follow if potential species are found, and measures intended to reduce impacts. Mitigation for potentially significant biological resource impacts. 4. Prior to grading plan approval, the applicant's biologist shall submit a summary report to the Planning Director verifying the following: 1) when and where the session took place; 2) topics discussed in the session; and 3) session attendance roster. Mitigation for potentially significant biological resource impacts. 5. Within 30 days of initial ground disturbance, the applicant shall conduct a preconstruction clearance survey 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, the CDFG, and the USFWS. Mitigation for potentially significant biological resource impacts. Noise 6. Any tentative tract within GPA/ZC will be required to construct an eight-foot tall noise barrier erected along the southern project boundary parallel to the railroad and an eight-foot tall wing-wall erected along the southeast corner of the project boundary spanning 100-ft. north along the Akers Road. Mitigation for potentially significant noise impacts. 7. With recordation of final subdivision maps within the GPA/ZC area, the subdivider shall record a covenant on all lots of the subdivision disclosing that industrial activity and railroad noise may be audible. Such noise shall be noted as being within allowable levels to residences. Mitigation for potentially significant noise impacts. 8. A six-foot high block wall shall be placed along the western boundary of the Calcrete concr~t~ ~ ~ ~ m __ r (.) 0 ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 06-0443 Page 2 of 3 batch plant along with a northern 100-ft long wing-wall as depicted on Exhibit A-4 "Location Map with Noise Barriers." Mitigation for potentially significant noise. 9. An eight-foot wall shall be placed between the project boundary and the oil production area. Mitigation for potentially significant noise ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 10. 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 Akers Road to collector standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer, and shall also include any necessary slope easements for the at-grade railroad crossing. 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. For orderly development. b. This GPAlZC area is too small to support it's 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 it's proportionate share of the necessary ultimate storm drainage facilities. The sump serving this area must be located on the east boundary of the GPAlZC area so that additional area to the east may be served. The study shall be approved and any required retention site and necessary easements dedicated to the City. For orderly development. C. 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. d. 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. 11. 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. 12. The developer shall aide in the formation of a Major Bridge and Thoroughfare Area for Akers Road improvements and shall repay to the City their proportionate share of the City's Akers Road Project. For orderly development. 13. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of development. <oM~-9 cJ ~ >- - .... m - , <..) 0 ORIGINAL Exhibit A - 1 Conditions of Approval GPAlZC 06-0443 Page 3 of 3 Citv Attornev: 14. 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. Conditions Added at Aooeal Hearinc 15. With recordation of any final subdivision map within the GPAlZC area, the subdivider shall record a covenant on the M-2 General Manufacturing zone comprising the oil well drilling site and the approximately 3.7 acres of the project area south of the east/west access road restricting future industrial uses to those permitted in an M-I Light Industrial Zone. 16. Prior to development of the property south of the approved residential site, the east west access road west of the alignment of Akers Road to its western terminus shall be fully constructed to City standards and dedicated as a public street. Subject to a determination by the City Engineer or Fire Marshall at the time of subdivision review for any portion of the larger site, partial width construction of the east west access road may be required. 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METROPOLITAN BAKERSFIELD GENERAL PLAN Land Use Oesi tlnations RR Rural Residential LI Light Industrial 2.5 gross acres/dwelling unit 81 Service Industrial , ER Estate Residential 1 dwelling unit/net acre HI Heavy Industrial SR Suburban Residential ----- ~ 4 dwelling units/net acre P Public Facilities SRI LR County: ~ 4 dwelling units/net acre City: ~ 7.26 dwelling units/net acre PS Public/Private Schools LR Low Density Residential PT Public Transportation Corridors ~ 7.26 dwelling units/net acre P-SW Solid Waste Facilities LMR Low Medium Density Residential > 4 units but ~ 10 dwelling units/net acre 08 Open Space HMR High Medium Density Residential OS-P Parks and Recreation > 7.26 units but ~ 17.42 dwelling units/net acre OS-S Slopes exceeding 30% HR High Density Residential > 17.42 units but ~ 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture 20 acre minimum parcel size ----- , R-EA Resource - Extensive Agriculture HC Highway Commercial 20 acre minimum parcel size GC General Commercial 80 acre min (Williamson Act) R-MP Resource - Minerals & Petroleum MC Major Commercial 5 acre minimum parcel size OC Office Commercial MUC Mixed Use Commercial General Plan Street Classification Freewavs provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property. Locals function to connect local streets with arterials and to provide access to abutting property. are exclusively for property access and through traffic is discouraged. Collectors S:\Forms\zone-gp.doc ~ ~f>..K~1> () ~ .::... - I- rn - r- <..) CJ ORIGlNAL