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Home My WebLink AboutRES NO 021-07 RESOLUTION NO. RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-0544, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR (LOW DENSITY RESIDENTIAL) TO HMR (HIGH MEDIUM DENSITY RESIDENTIAL) ON 10-ACRES, GENERALLY LOCATED ON THE WEST SIDE OF VINELAND ROAD, NORTH AND SOUTH OF PANORAMA DRIVE. 021 07 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. 06-0544, 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. 06-0544, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-0544: Third Day Investment Group, LLC for Third Day Investment Group, LLC, Roger C. Alfred, Michael Hawkins, Iva Hawkins, Dark Investments, LLC, RAM Financial Services Inc., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 10-acres. The project site is generally located on the west side of Vineland Road. north and south of Panorama Drive; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0544 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. 252-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-0544 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 WEDNESDAY, FEBRUARY 7, 2007, on General Plan Amendment No. 06-0544. 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. 2. The Council has considered and concurs with the following findings made by the ~ ~"'K~I)> o % ;:... - ~ ~ o l:) ORIGINAL Planning Commission as set forth in Resolution No. 252-06, 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 LR (Low Density Residential) to HMR (High Medium Density Residential) on approximately 1 O-acres is compatible with the land use designation 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. 06-0544 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. 06-0544, 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 west side of Vineland Road, north and south of Panorama Drive, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. That General Plan Amendment No. 06-0544, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate 2 ~ ~"'K~I)> o % ;:... - I- rn - r- o l:) ORIGINAL resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ---------o()o-------- 3 ~ ~"'K~I)> o % ;:... - I- rn - r- o l:) ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield ata regular meeting thereof held on 2/7/07 and effective on 2/28/07 by the following vote: @ NOES: ABSTAIN: ~ v ...-- v v v ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER t+QM.~ ~Ll. PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cle Council of the City of Bakersfield APPROVED HARVEY .HAL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY~~~r Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map JS - S:\GPA 4th 2006\06-0544\Resolution\CC GPA Resolution.06-0544.doc 4 ~ ~"'K~I)> o % ;:... - I- ~ o 0 ORIGINAL Exhibit A Mitigation/Conditions of Approval ~ ~"'K~I)> a ~ ;:... - I- rn _ r- o CJ' ORIGINAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 06-0544 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Culturallmoact Mitioation 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. Biolooical Resource Mitioation Measures: 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 biological resource impacts. Traffic Imoact Mitioation Measures: 4. 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: 5. 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 Vineland Road and Panorama Drive to arterial and 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. 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) 6. This GPAlZC area is within the Breckenridge drainage area and the developer 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. (For orderly development) 7. This area is within the Northeast Sewer Area and the developer shall follow the requirements, build the proposed improvements and pay the necessary fees of the area. Submit verification to the Ci~~K~ ~ -9% ~ ~ _ r- o l:) ORIGINAL Exhibit A Conditions of Approval GPAlZC 06-0544 Page 2 of 2 Engineer of the Northeast sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. (For orderly development) 8. 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 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) 10. 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) 11. Local Mitioation We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. (Mitigation for potentially significant traffic and circulation impcts) Citv 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 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. 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W CO C> ~ !5 ~ !5 !5 !5 CITY OF BAKERSFIELD GENERAL PLAN LAND USE DESIGNATIONS RR Rural Residential LI Light Industrial 2.5 gross acres/dwelling unit SI Service Industrial ER Estate Residential 1 dwelling unit/net acre HI Heavy Industrial SR Suburban Residential ----- S 4 dwelling unitslnet acre P Public Facilities SRlLR County: S 4 dwelling units/net acre City: S 7.26 dwelling units/net acre PS Public/Private Schools LR Low Density Residential PT Public Transportation Corridors S 7.26 dwelling units/net acre P-SW Solid Waste Facilities LMR Low Medium Density Residential > 4 units but s 10 dwelling units/net acre OS Open Space HMR High Medium Density Residential OS-P Parks and Recreation > 7.26 units but s 17.42 dwelling units/net acre OS-S Slopes exceeding 30% HR High Density Residential > 17.42 units but s 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. Expresswavs 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 Q..~Kf: .. 0' :.(\ >- - I-- p:! o 0 ORIGINAL