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Home My WebLink AboutRES NO 020-07 RESOLUTION NO. 020-07 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-0668, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE NORTH SIDE OF BERNARD STREET, APPROXIMATELY 900 FEET WEST OF OSWELL STREET. WHEREAS, Joseph Gergen for Church of Christ of East Bakersfield, 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. 06-0668, 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. 06-0668, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-0668: Joseph Gergen for Church of Christ of East Bakersfield applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from HR (High Density Residential) to HMR (High Medium Density Residential) on approximately 5 acres and MC (Major Commercial) to HMR on approximately one acre. The project site is generally located on the north side of Bernard Street, approximately 900 feet west of Oswell Street; 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. 270-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-0668 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. 06-0668 notice oftime 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: <o~K~-9 ~ ~ >- -- I- ~ (5 (;) ORIGINAL 1. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 270-06 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 HR (High Density Residential) to HMR (High Medium Density Residential) on approximately 5 acres and MC (Major Commercial) to HMR on approximately one acre 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. 06-0668 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- 0668, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located on <o~K~-9 ~ ~ -- >- rn I- r "0 (;) ORIGINAL Page 2 of 4 the north side of Bernard Street, approximately 900 feet west of Oswell Street listed in Exhibit "A" 5. That General Plan Amendment No. 06-0668, 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 of4 <o~K~-9 ~ ~ >- -- I- ~ (5 (;) 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 effecti VP. on Februa ry 28, 2007 by th~ fo U.owi ng....vote.;..-- .--- L--- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~ COUNCILMEMBER ~o..-vo...~ _ ~ 6..{Y\EI'~ PAMELAA.McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HAR Y L. HALL MAYOR of the City of Baker APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~/JZ. ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map MO - S:\GPA 4th 2006\06-0668\Resolutions\CC Res GPA 06-0668.doc Page 4 of 4 ~~K~1i' c5- ~ -- >- m I- r "0 (;) ORIGINAL Exhibit A Mitigation/Conditions of Approval ~~K~1i' c5- ~ >- -- I- ~ "0 (;) ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change/Annexation No. 06-0668 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. Citv Attornev Condition 3. 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. 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 Bernard Street to collector standards for the full frontage of the area within the GPA request, if necessary. 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 ~~K~-9 ~ ~ >- rn I- .- "0 (;) ORIGINAL Exhibit A GPAlZC 06-0668 Mitigation/Conditions of Approval Page 2 of 2 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. This GPAlZC area is within the East Hills Mall Drainage Area and storm water will go the sump located at Bernard Street and Fashion Plaza. For orderly development. c) Sewer service must be provided to the GPAlZC area. 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. 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. Local Mitiaation: The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant Traffic impacts. 7. With any construction on the GPA site, provide all required improvements including sidewalk, curb and gutter, landscaping and street improvements as necessary for the frontage of the GPA site and on the adjacent church site. Condition added at Planning Commission meeting for orderly development. Plannina Deoartment Condition 8. With the submittal of any tentative subdivision map or site plan review application for the GPAlZC area, the applicant shall demonstrate that the development immediately east of the GPAlZC area (church site), as proposed to be modified, would comply with the off-street parking requirements of Chapter 17.58 of the Bakersfield Zoning Ordinance and be re-striped. For orderly development. 9. Prior to development the applicant/developer shall submit a tentative subdivision, parcel map or lot line adjustment that will create a parcel to match the recommended zoning boundaries. For orderly development. MO:\\S:\GPA 4th 2006\06-0668\Resolutions\Exhibit A.doc ~~K~-9 ~ ~ >- r;; I- r "0 (;) ORIGINAL Exhibit B General Plan Amendment Map <of1.K~1i' ~ ~ -- >- rn I- r "0 0 ORIGINAL !i I:ii ~ ~ i ~ 0051 CO.:J ~~ I .133W,S 113MSO CO o .....8 Z UJ ~ o z UJ ~ ~ Z ~ .....I c.. .....I ~5 0:: UJ Z UJ ~m C) ~l;) I ; ~ 5 51 - 5 II. 8 8 ! 8 I J.1Nf1O~ J.1/O I u.. 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