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Home My WebLink AboutRES NO 027-07 "\ 027-07 RESOLUTION NO. RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-0938, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLVLOCATEDATTHESOUTHEASTCORNEROFTAFT HIGHWAV AND ASHE ROAD. WHEREAS, Centex Homes by Mcintosh & Associates for Tommye Joe Baroncini, 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 ofthe Government code, held a public hearing on Monday, December 18,2006, and on Thursday, December 21,2006, on General Plan Amendment No. 06-0938, 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. 06-0938, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-0938: Centex Homes by Mcintosh & Associates for Tommye Joe Baroncini applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from RR (Rural Residential) to LMR (Low Medium Density Residential) on 20 acres. The project site is generally located at the southeast corner of Taft Highway and Ashe Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0668 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. 248-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-0938 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. 06-0938 notice of time and place ofthe 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. 2. The Council has considered and concurs with the following findings made by t'1o~K~ Y- ~n o ~ ;= m _ r- o (;) ORIGINAL Planning Commission as set forth in Resolution No. 248-06 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 RR (Rural Residential) to LMR (Low Medium Density Residential) on 20 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 CEOA 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 of the 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. 06-0938 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- 0938, constituting changes as shown on the map marked Exhibit "S", attached hereto and incorporated as though fully set forth, for property generally located at the southeast corner of Taft Highway and Ashe Road listed in Exhibit "A." 5. That General Plan Amendment No. 06-0938, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in Page 2 of 4 ~ ~AKS'1> <:) ~ .:... - I- m - r- " (;) ORIGINAL separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. .-..--.--000.-..-..- Page 3of4 ~ ~"'KS'1> o ~ )l... - f- \TI - ,..... o (;) ORIGINAL I HEREBV CERTIFV 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 effective on February 28, 2007 by the~llewing~ote:~ ~ ~ cA'YES':) COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER C_ ABSENTJ) COUNCILMEMBER --'\-\~ ~ APPROVED ~. d.alr.~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By:~m~ , -, Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map MO - S:\GPA 4th 2006\06-0938\Resolutions\CC Res GPA 06-0938.doc Page 4 of 4 ~^KS'1> cJ. ~ ~ m ':;:: ,..... o (;) ORIGINAL Exhibit A Mitigation/Conditions of Approval X 'QAK~1> o ~ .:... - I- m - r- " (;) ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 06.0938 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 cultura/ resource impacts. Noise 3. With submittal of a tentative tract map application for the GPAlZC area, the sound walls described herein shall be shown on the proposed map; through tract map conditions of approval, these walls shall be required to be constructed prior to recordation of the affected phase(s). An eight-foot tall masonry sound wall shall be constructed along the northern boundary of the GPAlZC area. In addition, eight-foot tall, 100-foot long masonry wing walls (connected to and perpendicular to the above-described sound wall) shall be constructed along the eastern and western boundaries of the GPAlZC area. If the subdivider submits an acoustical analysis demonstrating that wing walls less than eight feet in height and/or less than 100 feet in length would be sufficient to attenuate noise levels within all residential lots to 65 dB CNEL or less, then the Planning Director may permit deviations to these dimensions. The sound wall (including wing walls) shall be continuous without any gaps or openings. Mitigation for potentially significant noise impacts. Public Works Conditions 4. 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 Taft Highway to Caltrans standards and Ashe Road to arterial standards for the full frontage of the area within the GPA request. Design for Taft Highway shall comply with Caltrans requirements and Caltrans comments dated Nov. 7, 2006. 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 map. For orderly development. b) Comply with the comprehensive drainage study reviewed and approved by the City Engineer approved November 6, 2006, and dedicate any required retention site and 'Qfl-KS'1> ~ ~ .)0. m t- r- "G (;) ORIGINAL Exhibit A GPAlZC 06-0938 Mitigation/Conditions of Approval Page 2 of 3 necessary easements to the City. For orderly development. c) Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 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 cost. For orderly development. 5. 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. 6. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area. For orderly development. 7. The tract design shall accommodate the access provided by the design of approved Tentative Tract 6759 to the west. No access will be allowed onto Taft Highway. For orderly development. 8. If it becomes necessary to 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. 9. The Taft Highway crossing and the Ashe Road crossing of the Farmers Canal needs to be widened. The Mountain Ridge crossing and the Curnow Road crossing of the Farmers Canal needs to be constructed. Developer shall aid in the formation of a Major Bridge and Thoroughfare Area for these crossings. For orderly development. 10. Reaional Transportation Impact Fee: 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. Citv Attornev 11. 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 <ot>-K~-9 ~ ~ - >- \TI .... .- "0 (;) ORIGINAL Exhibit A GPAlZC 06-0938 Mitigation/Conditions of Approval Page 3 of 3 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. DeDartment of Toxic Substances Control Condition 12. With the submittal of any tentative subdivision map or site plan review application for the GPAlZC area, the applicant shall submit with the application a Phase I Environmental Assessment for the project site. For health, safety and public welfare. 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