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HomeMy WebLinkAboutRES NO 097-07 RESiIJ:lTION NO. 0 9 7 - 0 7 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-1561, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE NORTH SIDE OF EAST PACHECO ROAD, GENERALL Y WEST OF COTTONWOOD ROAD. WHEREAS, Jerry Hendricks for Eagle Meadows of Bakersfield III, LLC, filed a application requesting a General Plan Amendment, an amendment to the land use designation 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, March 12, 2007, and on Thursday, March 15, 2007, on General Plan Amendment No. 05-1561, 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. 05-1561, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-1561: Jerry Hendricks for Eagle Meadows of Bakersfield III, LLC, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from HI (Heavy Industrial) to LI (Light Industrial) on 17.7 acres. The project site is located along the north side of East Pacheco Road, generally west of Cottonwood Road; and WHEREAS, an Initial Study was conducted for General Plan AmendmentNo. 05-1561 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. 40-07 on March 15, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-1561 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. 05-1561 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. 40-07 adopted on March 15, 2007: ~f>.,K~1> cJ ~ >- - I- rn _ r- o 0 ORIGINAL 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 HI (Heavy Industrial) to LI (Light Industrial) on 17.7 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. 1. 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 infrastructure exists or can easily be provided to accommodate the type of development. 4. The proposed land use designation is consistent with the Kern County Airport Land Use Compatibility Plan. 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. 05-1561 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. 05- 1561, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property located along the north side of East Pacheco Road, generally west of Cottonwood Road, subject to mitigation/conditions of approval found in attached Exhibit "A". 5. That General Plan Amendment No. 05-1561, 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. ---------()()()-------- Page 2 of 3 ~ ~f>..K~1> C) ~ >- - I- rn _ r- o 0 ORIGINAL <:Affi) NOES: ABSTAIN: ABSENT: 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 Mav 9. 2007 by the following vote: v .......--- ....-.......- 1.--. L--- ....-- COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAME1M:R1if/ It CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 9 2007 HARV L. HALL MAYOR of the City of Ba APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~~~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map MO:dc - S:\GPA 1st 2007\05-1561\ResOrd\CC Res GPA 05-1561.doc Page 3 of 3 ~f>.,K~1> cJ ~ >- - I- \!! <::) 0 ORIGINAL Exhibit A Mitigati()n/C()nditi()ns ()f Appr()val X ~f>.,K~1> C) ~ >- - I- rn - r- o 0 ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-1561 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. Traffic and Circulation 3. Prior to the issuance of any building permit within the GPAlZC area, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. Mitigation for potentially significant traffic impacts. Citv Attornev Condition 4. 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 5. 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 East Pacheco Road to collector standards for the Ci ~f>.,K~1>u> >- ~ I- rn - r- <.) 0 ORIGINAL Exhibit A GPAlZC 05-1561 Mitigation/Conditions of Approval Page 2 of 3 full frontage of the area within the GPAlZC 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. Access to the project area from East Pacheco Road or Cottonwood 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 full width improvements to city standards. c. 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. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The study shall be approved and any required retention site and necessary easements dedicated to the city. d. Sewer service must be provided to the GPAlZC area. The nearest sewer line is approximately 1 mile away. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. e. 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 costs. For orderly development. 6. 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. 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. For orderly development. Bakersfield Municioal Airoort Comoatibilitv 8. With the recordation of a final subdivision map within the GPAlZC area or with submittal of a site~f>..Ks: plan review application, the property owner of the GPAlZC area shall dedicate an avigation J- 1>tP >- ~ I- rn - r- (.) t:7 ORIGINAL Exhibit A GPAlZC 05-1561 Mitigation/Conditions of Approval Page 3 of 3 easement to the City of Bakersfield. The easement is dedicated for the benefit of Bakersfield Municipal Airport. The avigation easement shall grant all rights deemed necessary by the City of Bakersfield for the project site to: ensure that the development of said property will neither impede airport operations nor result in flight hazards; provide the right of flight in the airspace above the Federal Avigation Regulation Part 77 imaginary surfaces above the property; restrict the height of structures, trees and other objects; and permit access to the property for the removal or aeronautical marking of objects exceeding the established height limit; to regulate or prohibit light emissions which might interfere with pilot vision. An example of an Avigation Easement is located within the Kern County Airport Land Use Compatibility Plan. This avigation easement will ensure that prospective buyers of the property within this zone will be informed of the potential inconvenience, annoyance and discomfort associated with aircraft over flights. For the public health, safety and welfare. 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