The URL can be used to link to this page

Home My WebLink AboutRES NO 104-07 RESOLUTION NO. -LQ..A. - 0 7 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S DECISION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-2198, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR (LOW DENSITY RESIDENTIAL) TO LMR (LOW MEDIUM DENSITY RESIDENTIAL) ON 11.18 ACRES, GENERALLY LOCATED NORTH OF NILES STREET, EAST OF PARK DRIVE. WHEREAS, Danco Development, c/o Mike Nelson, filed an application requesting a General Plan Amendment, change of zoning of that certain property into 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, April 2, 2007, and on Thursday, April 5, 2007, on General Plan Amendment No. 06-2198, notice ofthetime 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. 06-2198, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 06-2198: Danco Development, c/o Mike Nelson, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low Density Residential) to LMR (Low Medium Density Residential) on 11.18 acres generally located north of Niles Street, east of Park Drive; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-2198 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. 61-07 on April 5, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-2198 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, an appeal was filed by Mike Nelson, representing Danco Development, on the decision of the Planning Commission; 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. 06-2198, 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 M <<. '0 ~'9 o ~ >- - I- ~ <:) CJ ORIGINAL Page 1 of 4 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. 61-07 on April 5, 2007: 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 LMR (Low Medium Density Residential) on 11.18 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 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 the General Plan Amendment No. 06-2198 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- 2198, 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 Niles Street, west of Park Drive, subject to "Mitigation/Conditions of Approv~r>.K~ <<. '90' o ~ Page 2 of 4 >- rn I- r- -0 CJ ORIGINAL listed in Exhibit "A." 5. That General Plan Amendment No. 06-2198, 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. 6. The appeal is hereby denied. ---------()()()-------- Page 3 of 4 <<. 'OAK~~ o ~ >- - I- m - r- <.) c:> ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adQPt~9 by the CQuncil of the City of Bakersfield at a regular meeting thereof held on MAY 9 200 ( by the following vote: r- C@) NOES: ABSTAIN: ABSENT: -- v---- J---. <../". 1.--- ......-- COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELAA. McCARTHY, C CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield APPROVED MAY 9 2001 HAR EY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By ~ In,~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map S:\GPA 1st 2007\06-2198\Resolutions Ordinances\CC Resolution GPA 06-2198 (Appeal).doc Page 4 of 4 'OM~'9 ~ ~ >- - I- m _ r- c..;> c::1 ORIGINAL Exhibit A Mitigation/Conditions of Approval 'OM~'9 ~ ~ >- - I- m _ r- <.) CJ ORIGINAL EXHIBIT A MITIGATION ICONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT/ZONE CHANGE 06-2198 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Impact Mitication Measures: 1. With submittal of the tentative tract map application, a cultural resources field survey for the GPAlZC area shall be submitted. Based upon findings in the report, the Planning Director shall determine whether or not any further testing and/or analysis is necessary which may be required to be conducted prior to approval of the proposed tentative subdivision map. 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. 3. Prior to ground-disturbance activities associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that may be encountered during site preparation activities, how to identify those resources in the field, and of the regulatory protections afforded to those resources. The personnel shall be informed of procedures relating to the discovery of archaeological remains during grading activities and cautioned to avoid archaeological finds with equipment and not collect artifacts. The applicant/developer of the project site shall submit documentation to the Planning Department that they have met this requirement prior to commencement of ground-disturbance activities. This documentation should include information on the date(s) of training activities, the individual(s) that conducted the training, a description of the training, and a list of names of those who were trained. Should cultural remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist. Mitigation for potentially significant cultural resource impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 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 Brentwood Drive to 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. x 'OM~1" o u"" ~ rn _ r- o c ORIGINAL Mitigation/Conditions of Approval GPA/ZC 06-2198 Page 2 b. This GPAlZC area is too small to support its own storm drainage sump. This area is within the Pioneer Drainage area and will pay the new Planned Drainage Area fees. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The study shall be approved and any required retention site and necessary easements dedicated to the City. 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. 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. 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. 7. Construct a knuckle on Willis Avenue near the western boundary of the tract. Near Lot 16, constr~ct a street to the west which aligns with Franklin Avenue. Acquire 60' wide right of way across the SCE easement immediately west of the boundary for the future Franklin Avenue. For orderly development. 8. The applicant shall enter into an agreement with the City of Bakersfield to construct Brentwood Drive from the GPA's southern boundary to Niles Street. Note:The City of Bakersfield will reimburse the applicant for the work performed or provide credit in lieu of the PDA fees. For orderly development. Southern California Edison Company: 9. With submittal of the tentative tract application, the developer must provide Southern California Edison Company with five (5) copies of the grading, drainage, landscape and street improvement plans to determine the extent of the easement interference. The Edison facilities and the easements should be plotted on the above referenced maps. Included with the above referenced plans, the developer must state the proposed method to eliminate any interference. For orderly development. <<. '0 r>.K~'9 o ~ >- - I- m _ r- o CJ ORIGINAL Mitigation/Conditions of Approval GPA/ZC 06-2198 Page 3 Planninc Department: 10. With submittal of the tentative tract application, the developer must provide a Biological Assessment Report for the entire GPAlZC area. Based upon findings in the report, the Planning Director shall determine whether or not any further analysis or mitigation is necessary to comply with the terms of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Mitigation for potentially significant biological resource impacts. 11. The developer shall provide secondary access with submittal of the tentative tract map based on design and surrounding improvements. For orderly development. 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. 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. 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. S:\GPA 1st 2007\06-2198\EXHIBIT A.doc x 'Or>.K~-9 o ~ >- - I- m - r- o D ORIGINAL Exhibit B General Plan Amendment Map 'OM~-'9 ~ ~ >- - I- m _ r- o c ORIGINAL w co ~ ~ N CJi I ~ co ..... o I-~ Z W ~ o z w ~ <C z ::s a.. -I ~ W Z W C> 0)5 ~ I .. ~L&. I ~ ... :4~ ~I ~Q!J Q Z ~ ~ 0 ~ ~ i i ~ I 5 ------------------~-------------------------- ----------------------- ~ I 5. CITY OF BAKERSFIELD GENERAL PLAN LAND USE DESIGNA liONS 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 Classification Freewavs provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. EXDresswavs 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. 'OM 9, ~ >- S:\Forms\zone-gp.doc ~ iii r- (,) 0 ORIGINAL