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Home My WebLink AboutRES NO 098-07 RESOLUTION NO. 098-.07 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-1688, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM SR (SUBURBAN RESIDENTIAL) TO LR (LOW DENSITY RESIDENTIAL) ON 4.4 ACRES, GENERALLY LOCATED AT THE NORTHWEST CORNER OF STOCKDALE HIGHWAY AND CLAUDIA AUTUMN DRIVE. 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. 06-1688, 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. 06-1688, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-1688: Marino and Associates for Paul Ridenour, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from SR (Suburban Residential) to LR (Low Density Residential) on 4.4 acres located at the northwest corner of Stockdale Highway and Claudia Autumn Drive; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1688 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. 51-07 on March 15, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-1688 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. 06-1688, 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: 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. 51-07, adopted on March 15,2007: a. All required public notices have been provided. ~ <0 "'K('I}> o ~ ~ - I- rn _ r- (.) D 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 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 SR (Suburban Residential) to LR (Low Density Residential) on approximately 4.4 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. 06-1688 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. 06-1688, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located at the northwest corner of Stockdale Highway and Claudia Autumn Drive, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. That General Plan Amendment No. 06-1688, 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 ~ <0 "'K('I}> o ~ ~ - I- rn - r- (.) D ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passedArd ad~? by the Council of the City of Bakersfield at a regular meeting thereof h~ld on M, 3 by the following vote: .t' ~ NOES: ABSTAIN: ABSENT: ......--. ------- ....-- ........---... COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER -- COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ PAMELA A. McCARTHY C CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield APPROVED MAY 9 2007 HARVEY L. HALL MAYOR of the City of Baker APPROVED as to form: VIRGINIA GENNARO City Attorney By: /?i;rJb /1h ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map JS - S:\GPA 1st 2007\06-1688\Resolution\CC GPA Resolution.06-1688.doc 3 <0 "'K('I}> ~ ~ ~ - I- rn _ r- (.) D ORIGINAL Exhibit A Mitigation/Conditions of Approval ~ <of>..K('1}> o ~ ~ - I- rn - r- (.) D ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-1688 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resource Mitiaation 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. Plannina Conditions: 3. If the GPAlZC area is a separate parcel, then only the project parcel shall be required to be annexed. For orderly development. ADDITIONAL CONDITIONS OF APPROVAL: Public Works Mitiaation Measures 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 Stockdale Highway to arterial standards for the full frontage of the area within the GPA request and adjacent to parcel designated as Kern County Accessor's Parcel 408-020-11-3. Provide fully executed dedication for Claudia Autumn Drive to local standards from Stockdale Highway to Tyler Fran Avenue. 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. b. This GPAlZC area is too small to support its 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 GPAlZC drainage area, to be reviewed and approved by the City Engineer. The GPAlZC area shall drain into the existing sump adjacent to the north of the GPAlZC area. The developer is to modify the existing sump as needed to accommodate the GPAlZC area. For orderly development. ~ <of>..K('-??.-. o v"" i:: m _ r- P~e1cl3 (.) 0 ORIGINAL EXHIBIT A GPAlZC No. 06-1688 Mitigation/Conditions of Approval c. 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. 5. If the GPAlZC area is only a portion of a larger parcel the entire parcel will be required to annex into the City of Bakersfield prior to any development plan, prior to approval of improvement plans, or the application for a lot line adjustment or parcel merger. For orderly development. 6. The entire area covered by this General Plan Amendment including the parcel designated as Kern County Accessor's Parcel 408-020-11-3 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. 7. 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 development. Traffic Comments: We have reviewed the data provided in the letter requesting a waiver of the need for traffic study from Marino/Associates dated January 31, 2007. The following trip generation information is provided as follows. Prior use PM Peak = 18 DU x 1.01 trips / DU = 18.2 peak trips Proposed use PM Peak = 20 DU x 1.01 trips /DU = 20.2 peak trips This analysis shows the change will result in an insignificant increase in potential trip generation which is below thresholds established by the City and Caltrans. We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore will do so due to the minor increase. Consequently no traffic impact study would be necessary. Mitigation for potentially significant traffic impacts. North of the River Mitiaation Measures 8. 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 ~ <of>..K('1}> () ~ Page 2 of 3 i:: m _ r- (.) 0 ORIGINAL EXHIBIT A GPAlZC No. 06-1688 Mitigation/Conditions of Approval prepared by a qualified appraiser. North of the River Recreation and Park District requested condition for orderly development. 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. North of the River Recreation and Park District requested condition for orderly development. 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) North of the River Recreation and Park District requested condition for orderly development. d. If the appraisal is acceptable, the North of the River Recreation and Park District will calculate and notify you of the amount of the fee. Payment is to be made prior to recordation of the final map to North of the River Recreation and Park District. A copy of the payment acknowledgment you receive from the District is to be submitted to the City Public Works Department prior to recordation. North of the River Recreation and Park District requested condition for orderly development. 9. 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. North of the River Recreation and Park District requested condition for orderly development. City Attornev 10. 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. <oM~ ~ I}> tf> o ~ ~ - Page 3 of 3 '= p:! <.) D ORIGINAL Exhibit B General Plan Amendment Map ~ <of>..K('-9 o ~ ~ - I- rn _ r- (.) D ORIGINAL co::] co co ~ I co o I- Z W ~oc C)1n Z W ~ <( z <( -.J a.. -.J) <( a:: w z W (91 Ooc -' Qi elf ~ ~ ~= ~ ~ ~I ;; ... o !<l !S i i ~, ~ :I -0 >- ~ oc I~ t:: a oc :I 5i: C= -z ~~ 2 ~ e M o =::J ! c=::___...:e=~__ oc In J 'Y 1r~,1 L, --. ioc 1-' ~ '~ ~ '--- ~ ~ '----"'~ a: oc O~:lN3~ H.lnOS avo~ Jl-~--=: oc -' ffi 1:1 AlNnO:1 U octl) In~ ~z uS 8 9i oc w ::> oc w oc w <of>..K('1}> ~ <S ~ rn r- ~ t: D (.) oc ORIGINAL oc oc w 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 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. S:\Forms\zone-gp.doc ~ <of>..K('1}> o ~ ~ - I- rn _ r- (.) D ORIGINAL