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Home My WebLink AboutRES NO 028-07 RESOLUTION NO. 0 2 8 - 0 7 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-1037, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALL V LOCATED ON THE NORTH SIDE OF ROSEDALE HIGHWA V, APPROXIMATEL V 600 FEET WEST OF ALLEN ROAD. WHEREAS, Cornerstone Engineering for Christ Cathedral Church, a California Corporation, filed a application requesting a General Plan Amendment, change of land use designations 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, December 18,2006, and on Thursday, December 21, 2006, on General Plan Amendment No. 06-1037, 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. 06-1037, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-1037: Cornerstone Engineering for Christ Cathedral Church, a California Corporation, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from UER (Urban Estate Residential) to SR (Suburban Residential) on approximately 11.5 acres and LR (Low Density Residential) on approximately 8.5 acres. The project site is generally located on the north side of Rosedale Highway, approximately 600 west of Allen Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1037 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. 262-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-1037 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, February 7, 2007, on General Plan Amendment No. 06-1037 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. ~ ~f>..KS"1> o ~ >- - f- m _ r- (.) l:J ORIGINAL 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 262-06 adopted on, December 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 UER (Urban Estate Residential) to SR (Suburban Residential) on approximately 11.5 acres and LR (Low Density Residential) on approximately 8.5 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 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 Planning Commission ofthe City of Bakersfield as follows: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 06-1037 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- 1037, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located north of Rosedale Highway, approximately 600 feet west of Allen Road listed in Exhibit "A." ~ ~"'Kt-9 a ~ ;:... - ~ ~ <-) {:) ORIGINAL Page 2 of 4 5. That General Plan Amendment No. 06-1037, 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. ---------000-------- Page 3 of 4 ~ ~AKt;)> a ~ ;:... - f- rn - r- <-) {:) 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 February 7, 2007 and p.ff~cti ve on ~a ry 28, 2007 by thEVio 1 ~i ng.....w:}teU-.- L-- A . COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLiVAN, SCRIVNER ES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~SEND COUNCILMEMBER "",\\0..- ~ PAMELA A. McCARTHY, CITY CLERK and Ex Offici lerk of the Council of the City of Bakersfield APPROVED APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~Jn, ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map MO - S:\GPA 4th 2006\06-1037\Resolutions\CC Res GPA 06-1037.doc Page 4 of 4 ~ ~A.kS"1> a % >- - f- m - r- (.) l:J ORIGINAL Exhibit A Mitigation/Conditions of Approval ~ ~Ak~"Y o <p >-. -r\ I- - - m <..) F- e:, ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 06-1037 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. Noise 3. With submittal of a site plan review application for the development of a church within the portion of the GPAlZC area fronting Rosedale Highway, the applicant shall submit a site-specific acoustical analysis evaluating the need for building design enhancements to ensure that interior noise levels will not exceed 45 dBA CNEL, the applicable standard pursuant to the Metropolitan Bakersfield General Plan Update Program EIR. If the acoustical analysis identifies the need for building design enhancements, then prior to issuance of a building permit the applicant shall demonstrate that all required enhancements have been incorporated into the building design to the satisfaction of the Building Director. Mitigation for potentially significant noise impacts. Traffic and Circulation 4. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the proportionate share contributions for the future intersection and roadway improvements not covered by the RTIF as identified in Tables 10 through 12 of the project traffic study (Cornerstone Engineering, Inc., June 14, 2006) and in the following tables: ~ ~A.kS"1> a ~ >- - f- m - r- (.) l:J ORIGINAL Exhibit A GPAlZC 06-1037 Mitigation/Conditions of Approval Page 2 of 6 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Allen Road & Meacham Road Rosedale Hwy. & Old Farm Road FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Allen Road, from Rosedale Hwy. to north of Meacham Road Portions of Allen Road, from Rosedale H . to Old Town Road Add 1 Northbound and 1 Southbound Lane Add 1 Northbound or 1 Southbound Lane 0.2% 0.2% Mitigation for potentially significant traffic impacts. 5. Prior to the issuance of any building permit within the GPAlZC area, 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 impacts and for orderly development. City Attornev Condition 6. 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 ~ 'Qf>..K~1> a ~ >- - f- m o G ORIGINAL Exhibit A GPAlZC 06-1037 Mitigation/Conditions of Approval Page 3 of 6 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. Public Works Conditions 7. 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 Allen Road to arterial standards from the north boundary of Tract 3825 along the full frontage of the parcel to the north of Tract 3825, APN 464-031-21, to the south boundary of Parcel 2 of Parcel Map 6052. Provide dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Provide dedication for a cul-de-sac at the south end of Phairfield Street. 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. An irrevocable offer of dedication of 27' to Caltrans for SR 58, Rosedale Highway. The right of way is to be dedicated, in a format approved the state, before any state encroachment permit is issued. For orderly development. b) Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The City will allow no more than one sump per 80 acres; therefore, no more than 1 sump may be utilized to serve this area; this sump should be located so that they may be available to serve adjacent areas as they develop. Suggested location is the northwest corner of GPAlZC area. The sump is to be sized to also include those county areas of Tract 3825, Tract 2716, Parcel Map 5764 and that parcel north of Tract 3825, APN 464-031-21 along with the adjacent Allen Road and Rosedale Highway. The sump is to be constructed to city standards. The existing sump in Tract 3825 is to be abandoned as directed by the county. The study shall be approved by the city and any required retention site and necessary easements dedicated to the City. Provide any approvals and or agreements from the city and or county for county drainage to a city or private sump. Verify as to whether the sump is to be privately or publicly maintained. Provide access to the proposed sump. Provide approval from PG&E for the location of the sump within the easement area. For orderly development. ~ ~f>-KS"1' a % >- - f- m - r- (.) l:J ORIGINAL Exhibit A GPAlZC 06-1037 Mitigation/Conditions of Approval Page 4 of 6 c) Sewer service must be provided to the GPAlZC area. Sewer service will be from Allen Road. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must be sized to serve a much larger area than the project area. This area is within the Allen Road Trunk Sewer Extension service area. The developer can enter into a reimbursement agreement for any upsizing of the sewer lines. For orderly development. 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 costs. For orderly development. 8. 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 Consolidate 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. It is required that the developer join the North of the River Maintenance District. For orderly development. 9. 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 development. 10. Payment of city median fees for the arterial frontage of the property from the north boundary of Tract 3825 along the full frontage of the parcel to the north of Tract 3825, APN 464-031-21, to the south boundary of Parcel 2 of Parcel Map 6052, prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 11. Construct the following street improvements to city standards: full width local street for the connecting street from GPAlZC area to Allen Road, cul-de-sac at the south end of Phairfield Street. To county standards: Allen Road half width from the Northwest return at Van Buren Place to the south boundary of Parcel 2 of Parcel Map 6052. Improvements in the county are to be approved and permitted thru the county. For orderly development. ~ ~A.kS"-'9 a ~ >- - f- m _ r- (.) l:J ORIGINAL Exhibit A GPAlZC 06-1037 Mitigation/Conditions of Approval Page 5 of 6 12. SR-58, Rosedale Highway, is to be constructed to Caltrans standards along the full frontage of the GPAlZC area. An encroachment permit issued in accordance with Streets and Highways Code Section 671.5 shall be obtained from Caltrans for all placements of encroachments within, under or over State right of way. Encroachments are subject to removal by the Department in accordance with Sections 673 and 720 of the Streets and Highways Code. Encroachment permits do not run with the land. A change of ownership requires a new permit application. The proposed access on SR- 58 would be limited to right in and right out only. A right turn lane into the western north-south street shall be required unless a traffic study does not meet the City and Caltrans requirements is performed and approved by the City Engineer. Extension of existing curbed median would be required to restrict left turn movements. For orderly development. Local Mitigation 13. Pay the proportionate share of the following mitigation measure (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Table 12 of the traffic study, all other items in the mitigation tables are in the RTIF program. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a) Allen Road, Rosedale Highway to Meacham Road, Add 1 NBT, 1 SBT, 0.2% share. Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L- left turn lane, T - through lane, R-right turn lane, 1 Striping only. Mitigation for potentially significant traffic impacts and for orderly development. 14. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted residential fee in place at time of development. For orderly development. CalTrans Condition 15. An encroachment permit must be obtained for all proposed activities for placement of encroachments within, under, or over the State Highway rights-of-way. Activity and work planned in the State right-of-way shall be performed to State standards and specifications, at no cost to the State. The Permit Department and the Environmental Planning Branch will review an approved activity and work in the State right-of-way ~ ~Ak~1> a % >- - f- m - r- (.) l:J ORIGINAL Exhibit A GPAlZC 06-1037 Mitigation/Conditions of Approval Page 6 of 6 before an encroachment permit is issued. Encroachment permits will be issued in accordance with the Streets and Highways Codes, Section 671.5, "Time Limitations." For public health, safety and welfare and for orderly development. North of the River Recreation and Park District Condition 16. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof/verification from North of the River Recreation and Park District (NOR) that said within the NOR Maintenance District. The developer is subject to the application requirements of the District. For orderly development. Division of Oil. Gas and Geothermal Resources Conditions 17. There is one abandoned well within the project boundary. This well will need to be exposed for inspection and leakage testing prior to construction. The well may need to be surveyed, if not located, by a licensed surveyor. Remedial operations may be required. For public health, safety and welfare. 18. There shall be no structure constructed over or in proximity to an abandoned well location. For public health, safety and welfare. 19. The cost of re-abandonment operations is the responsibility of the owner or developer of the site. And if any other abandoned or unrecorded well(s) is(are) uncovered or damaged during excavation or grading, remedial plugging operations may be required. The Division must be contacted to obtain information on the requirements for and approval to perform remedial operations. For public health, safety and welfare. Plannina Condition 20. 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