The URL can be used to link to this page

Home My WebLink AboutRES NO 096-07 RESOLUTION NO. 096- 0 7 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-1099, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LMR (LOW MEDIUM DENSITY RESIDENTIAL) TO HC (HIGHWAY COMMERCIAL) ON 0.87 ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF ELCIA DRIVE, IMMEDIATELY WEST THE HIGHWAY 99 ON-RAMP. ~ 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, March 12, 2007, and on Thursday, March 15, 2007, on General Plan Amendment No. 06-1099, 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. 06-1099, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-1099: John Thomsen for John A. & Terry M. Thomsen and Howard & Betty Lamond, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LMR (Low Medium Density Residential) to HC (Highway Commercial) on 0.87 acres located on the north side of Elcia Drive, immediately west of the Highway 99 on-ramp; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1099 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. 49-07 on March 15, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-1099 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, MAY 9, 2007, on General Plan Amendment No. 06-1099, 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 Planning Commission as set forth in Resolution No. 49-07, adopted on March 15,2007: a. All required public notices have been provided. <oM~1> cJ ~ >- rn I- r- <:.) CJ ORIGINAL 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 CEOA. 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 LMR (Low Density Residential) to HC (Highway Commercial) on approximately 0.87 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. 06-1099 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. 06-1099, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located on located on the north side of Elcia Drive, immediately west of the Highway 99 on-ramp, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. That General Plan Amendment No. 06-1099, 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. ---------()()()-------- 2 <oM~0> cJ ~ >- - I- ~ Z> CJ ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed airAfoPte~8Mjhe Council of the City of Bakersfield at a regular meeting thereof held on S by the following vote: V' ...-' /---- ......- t-- @D NOES: v- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAY 9 2007 HARV L. ALL MAYOR of the City of Bake APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~'lr0 ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PAMELA A. McCARTHY, CITY CLERK and Ex Offic Clerk of the Council of the City of Bakersfield JS - S:\GPA 1st 2007\06-1099\Resolution\CC GPA Resolution.06-1099.doc 3 <or>.K~1> cJ % >- - I- m _ r- <.) C) ORIGINAL Exhibit A Mitigation/Conditions of Approval <or>.K~0> cJ ~ >- - I- ~ Z> CJ ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1099 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Res()urce Mitiaati()n Measures 1. If archaeological resources are encountered during the course of construction, work shall stop at the location of the find and a qualified archaeologist shall be consulted for further evaluation. Any measures by the archaeologist shall be complied with at that time. 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. Traffic Mitiaati()n Measures: 3. Traffic recommends that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public W()rks 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. No access to this site will be allowed from Elcia Drive. b. This GPAlZC area is too small to support it's own storm drainage sump. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPAlZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. 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. Page 1 of 3 !-<. <or>.K~0> Q ~ .).;;.. ..- p m __ r- U CJ QRIGINAL EXHIBIT A GPAlZC No. 06-1099 Mitigation/Conditions of Approval 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 the proportionate share of the cost of the median 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. Plannina DeDartment: 7. Applicant shall be required to obtain approval of a Conditional Use Permit prior to development of an additional 19,700 square feet of mini-storage space expansion. For orderly development. Fire Prevention: 8. Prior to site plan approval, the applicant shall demonstrate conformance with fire protection measures in accordance with Article 9 of the California Fire Code. This may include an alternate emergency access to the property. This may include an all weather surface 20-foot wide with an overhead of 13.5-feet. For public health, safety, and welfare. City Att()rnev 9. 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 CEOA 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. a. 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. Page 2 of 3 <oM~1> cJ ~ >- - I- ~ Z> CJ ORIGINAL EXHIBIT A GPAlZC No. 06-1099 Mitigation/Conditions of Approval b. The City will promptly notify Applicant of any such claim, action or proceeding, 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. Page 3 of 3 <ofl,.K~0> cJ ~ >- rn I- r- Z> CJ ORIGINAL Exhibit B General Plan Amendment Map <or>.K~0> cJ ~ >- rn I- r- '0 CJ ORIGINAL 0) 0) 0 ~ I CO 0 ..... ---------------- Z AVM33~;:j 66 W ~ 0 Z W ~ <( Z ~ <( ;: J: '" ......I I ~ co ~ ~ a... LI> N <:3 8 ....J <( u Cl 0:: w II: ~ Z ...J W (9 avo~ ,\t'3~ H.LnOS . I Gi I~ 8 at. C') ~I~ II: LI> w ul8 II: ~ ~ ....... ::< :t 3 N l<: e::= co u I ..- 2~ 01 Cl Z ~0 en ;; I .... 0 8 LI> C"') 1______- .... ~ '" I I 0 ~ 1 - -. ;: J: <!> I a: II: II: ...J co ~ ~ ~ LI> 3 3 3 u Cl I I AVM33~;:j 66 I I~ ~I~ ulu I I I I I-I I I I Q. I I 31--- a: II: ------.i--____c2 ~ ...J ~ ii: Cl :!!: u ...J W ~ ;: w ~ IX: w t- II: ~ 3 - avo~ ,\t'3~ H.LnOS I I - __I w w w g ::J ::J ::J Z Z Z W W W AlIO II: ~ II: ~ a: ~ ----------------- ~ ...J ~ ~ AlNnOO w ~ 0 w I 3 J: 3 -, 3 ~ I w u ~ > ~ C( CD ii: <( z r>-K0J AVM NOS~VI11IM Cl cJ I~ ~ ~ II: >- rn ~ t: r- (.) CJ 3 OR GI AL 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 units/net 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 80 acre min (Williamson Act) GC General Commercial R-MP Resource - Minerals & Petroleum MC Major Commercial 5 acre minimum parcel size OC Office Commercial MUC Mixed Use Commercial General Plan Street Classificati()n 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. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. S:\Forms\zone-gp.doc Q,r>.K,c:-, ~ rn r- <.) CJ ORIGINAL 0' >- s