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;
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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".
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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.
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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 2 9 lOOS by the
following vote:
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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
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Exhibit A
Mitigati()n/C()nditi()ns ()f Appr()val
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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~
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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.
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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.
JS: S:\GPA 3rd 2006\06-0443\Staff Reports\Exhibit A-1.doc
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Exhibit B
General Plan Amendment Map
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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
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