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:
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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.
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<: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:
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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
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ORIGINAL
Exhibit A
Mitigati()n/C()nditi()ns ()f Appr()val
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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>
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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
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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.
MO:\\S:\GPA 1 st 2007\05-1561 \ResOrd\Exhibit A.doc
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Exhibit B
l()ning Map 124-17
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