HomeMy WebLinkAboutRES NO 102-07
RESOLUTION NO. 1 0 2 - 0 7
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-1698, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED ON THE SOUTH SIDE OF SEVENTH
STANDARD ROAD, AND WEST OF THE CALLOWAY CANAL.
WHEREAS, Louise Palmer for Adavco, Inc., 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, April 2,
2007, and on Thursday, April 5, 2007, on General Plan Amendment No. 06-1698, 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. 06-1698, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1698:
Louise Palmer for Adavco, Inc. applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from GC (General Commercial) to LMR
(Low Medium Density Residential) on approximately 15 acres. The project site is generally
located on the south side of Seventh Standard Road, and west of the Calloway Canal; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1698 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. 54-07 on April 5, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-1698 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, April
5,2007, on General Plan Amendment No. 06-1698 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
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Planning Commission as set forth in Resolution No. 54-07 adopted on, April 5, 2007:
a. All required public notices have been provided.
b. The provisions of CEOA 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 GC (General Commercial) to LMR
(Low Medium Density Residential) on approximately 15 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 CEOA 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. 06-1698 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-
1698, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located south
of Seventh Standard Road and west of the Calloway Canal listed in Exhibit "A."
5. That General Plan Amendment No. 06-1698, 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
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General Plan.
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I HEREBY CERTIFY that the foregoing Resolution was Pil.s~ed and adQPted by the Council of the
City of Bakersfield at a regular meeting thereof held on MAY 9 20P1007 by the following vote:
~ COUNCILMEMBER CARSON, BENHAM, ~IR, C~H, HA~ON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTH't Me
CITY CLERK and Ex 0 cio Clerk of the
Council of the City of Bakersfield
APPROVED
MAY 9 2007
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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EXHIBIT A
Conditions of Approval
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change/Annexation No. 06-1698
Cultural Resources lMitiaation 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 irnpacts.
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 anytime, work shall stop at the location of the find and the Kem County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 ofthe 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 irnpacts.
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
irnpacts.
Traffic Conditions (Mitication Measure)
4. Prior to issuance of a building permit within the GPAlZC area, the developer shall pay the applicable
Regional Transportation Impact Fee (RTIF) to the satisfaction of the Bakersfield Public Works
Department. Mitigation for potentially significant traffic irnpacts.
Citv Attomev Condition
5. 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.
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Exhibit A-1
GPAlZC 06-1698
Mitigation/Conditions of Approval
Page 2 of 4
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 attomey 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 attomey chosen by
another entity or party.
Public Works Conditions
6. 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 Seventh Standard Road to expressway standards (see
Condition #11) and Shane Street 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.
b) This GPAlZC area is too small to support it's own storm drainage sump. The City will allow
no more than one sump per 80 acres; therefore, this GPAlZC area must be included within
the drainage area of adjoining property. Submit a comprehensive drainage study of the
entire drainage area, to be reviewed and approved by the City Engineer. The study shall
show the development's proportionate share of the necessary ultimate storm drainage
facilities. The developer shall participate in the development of a Planned Drainage Area, or
shall provide some other method for the construction of the ultimate facilities satisfactory to
the City Engineer. Any required retention site and necessary easements shall be dedicated
to the City.
c) The GPAlZC area is within the service area of the North of River Sanitary District NO.1.
Sewer service in this area must conform to the NORSD's adopted Sewer Study, and
construction of sewer lines shall be per NORSD's requirements. All trench backfill and
paving within the public right-of-way shall require an Open Street Permit and be as per the
City of Bakersfield's adopted standards.
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 developrnent.
e) The developer is responsible for the construction of all infrastructure, both pUblic and private,
within the boundary of the GPAlZC area. This includes the construction of any and all
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Exhibit A-1
GPAlZC 06-1698
Mitigation/Conditions of Approval
Page 3 of 4
boundary streets to the centerline of the street, unless otherwise specified. The developer is
also responsible for the construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the construction all
infrastructure will be addressed at the subdivision map stage. For orderly developrnent.
7. 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 Consolidate 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. It is required that the developer
join the North of the River Park Maintenance District. For orderly developrnent.
8. 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, whichever occurs first. For orderly developrnent.
9. Access to the project area from Snow Road is provided by a sub-standard road. With the
development of the project area, approved, improved access to the site must be provided. The
required improvements shall be 32 feet of paving meeting City design standards for a collector road,
with 8' graded shoulders. If it becomes 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 deve/oprnent.
10. The Seventh Standard Road, Jewetta Avenue and Snow Road crossings of the Friant Kern and
Calloway Canals and Etchart Road across the Calloway Canal need widening. Developer shall pay
their proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings. For orderly deve/oprnent.
11. Seventh Standard Road shall be constructed as a 126-foot wide, 6-lane Expressway with a 30-foot
landscaped parkway behind the standard sidewalk. Expanded full access signalized intersections
will be permitted at minimum half-mile spacing. No other intermediate street access will be
permitted. The applicant shall provide a waiver of direct access along the frontage of Seventh
Standard Road within the GPAlZC area. For orderly deve/oprnent.
North of the River Recreation and Park District Conditions:
12. Prior to recordation of a final map, the subdivider shall pay an in-lieu fee based on a park land
dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the
Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon
recordation of a final map(s), the park land requirement will change accordingly. Refer to BMC
Chapter 15.80 and the Planning Information Sheet regarding calculation and payment of in-lieu fee.
This subdivision is located within the boundaries of the North of the River Recreation and Park
District. In accordance with Government Code Section 66020(d), you are hereby notified that the
90-day period in which you may protest the imposition of this fee has begun. BMC Chapter 15.80
requires the Planning Cornmission to deterrnine if a subdivider is to dedicate park land, pay an in-
lieu fee, reserve park land or a cornbination of these in order to satisfy the City's park land ordinance
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Exhibit A-1
GPAlZC 06-1698
Mitigation/Conditions of Approval
Page 4 of 4
for North of the River Recreation and Park District. Staff is recornrnending this condition in
accordance with BMC Chapter 15.80.
13. Prior to recordation of a final map, the subdivider shall provide the Planning Department written
proof/verification from North of the River Recreation and Park District that said project is within the
NOR Park Maintenance District. For orderly developrnent.
14. Prior to recordation of a final map, the subdivider shall pay the in-lieu park land fees in accordance
with Bakersfield Municipal Code Chapter 15.80. Subdivider is responsible for meeting the
requirements of BMC Chapter 15.80. In summary, the subdivider is to provide the following:
a) Approximately 6 weeks before the expected date of recordation of a final map, submit to
North of the River Recreation and Park District a "Complete Summary" appraisal prepared
by a qualified appraiser.
b) The appraisal shall be in the form of a "Complete Summary" appraisal in accordance with
City Council policy Resolution 59-95 and dated within 3 months of the expected date of
recordation of the final map. An appraisal dated more than 3 months may be acceptable
under certain specific circumstances.
c) The appraisal shall determine the fair market value of the land to be subdivided at its
unimproved state. The subdivider is responsible for all costs incurred in preparation, revision
or update of the appraisal. (See BMC Section 15.180.100).
d) Prior to recordation of a final map, the subdivider shall contact the North of the River
Recreation and Park District. It is recommended the subdivider contact the District at least 2
or 3 months prior to the expected date of recordation. For orderly developrnent.
Decartment of Conservation Condition
15. Prior to approval of a tentative tract or approval of site plan, the applicant shall accurately plot all
wells on plans and shall provide written confirmation from the Department of Conservation Division
of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that all oil wells
are accurately depicted on the proposed tentative tract or site plan. Police power to preserve public
health, safety and welfare.
16. All documented wells on the subject property shall be leak tested and abandoned to the satisfaction
of the Department of Conservation Division of Oil, Gas and Geothermal Resources (DOGGR).
Written confirmation of this action from DOGGR shall be provided to the Planning Director prior to
issuance of building permits on the subject property or recordation of the Final Map. Police power to
preserve public health, safety, and welfare.
Planning Decartment Condition
17. Any rezoning of the subject property shall accommodate active petroleum-related facilities within a
DI (Drilling Island District) zone. For orderly deve/oprnent.
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EXHIBIT B
General Plan Map
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