HomeMy WebLinkAboutRES NO 172-07
RESOLUTION NO. 17 2 0 7
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-0021, 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 40.26 ACRES, GENERALLY LOCATED ON THE
NORTH SIDE OF EAST WHITE LANE AND THE WEST SIDE OF
WASHINGTON STREET, SOUTH OF EAST PLANZ ROAD.
WHEREAS, Cottonwood Villas, LLC, for Cottonwood Land Holdings, LLC, filed an application
requesting a General Plan Amendment, change of zoning of that certain property in 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, July 2, 2007, and on
Thursday, July 5, 2007, on General Plan Amendment No. 07-0021, 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. 07-0021, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-0021:
Cottonwood Villas, LLC, for Cottonwood Land Holdings, LLC 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 40.26 acres,
generally located on the north side of East White Lane and the west side of Washington
Street, south of East Planz Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-0021 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. 119-07 on July 5, 2007, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 07-0021 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, August 29,2007,
on General Plan Amendment No. 07-0021, 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.
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2. The Council has considered and concurs with the following findings made by the Planning
Commission as set forth in Resolution No. 119-07, adopted on July 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 40.26 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 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. 07-0021 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. 07-0021,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the north side of
East White Lane and the west side of Washington Street, south of East Planz Road,
subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A".
5. That General Plan Amendment No. 07-0021, 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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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 August 29, 2007 by the following vote:
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AYES: COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN:
~T:
COUNCILMEMBER
COUNCILMEMBER ~ ~~ ~
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Offi 10 Clerk of the
Council of the City of Bakersfield
APPROVED
~
HARVEY L. HAL:
MA VOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment No. 07-0021
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
1. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Upon submittal of tentative tract or site plan for approval, the
applicant/developer of the project site shall submit documentation to the Planning Department that
they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution
Control District.
Mitigation for potentially significant air quality impacts.
Cultural Resource Mitigation Measures
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 (Le. 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.
Traffic ImDact Mitigation Measures
4. 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.
Bakersfield MuniciDal AirDort Hazard and Noise Mitigation Measures
5. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall
be granted to the County of Kern for all residential lots. Overflight easements shall grant all rights
deemed necessary by the County of Kern to ensure that the development of said property will
neither impede airport operations nor result in flight hazards, including but not limited to the
following: to make flights and associated noise in airspace over said property; to regulate or
prohibit the release of any substance into the air which might interfere with aircraft operations; to
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EXHIBIT A
GPA No. 07-0021
Mltigation/Conditions of Approval
regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical
emissions which might interfere with aircraft communications systems or aircraft navigational
equipment.
For public health, safety and welfare.
6. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded
on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft
overflights, and as a result, residents may experience inconvenience, annoyance and discomfort
arising from the noise of such operations. The notice shall also state that State law establishes
the importance of public use airports for the protection of the public interest of the people of the
State of California and that residents of property near a public use airport should, therefore, be
prepared to accept such inconvenience, annoyance and discomfort from normal aircraft
operations.
For public health, safety and welfare.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
7. 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 E. White Lane to arterial standards and for Washington
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 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
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. Sewer service must be provided to the GPAlZC area. 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 over-sizing costs to the developer.
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.
e. 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
boundary streets to the centerline of the street, unless otherwise specified. The developer is
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EXHIBIT A
GPA No. 07-0021
Mitlgation/Condltions of Approval
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 development.
8. 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.
9. Payment of the proportionate share of the cost of the median for the East White Lane frontage of
the property within the GPA/ZC request is required prior to recordation of any map or approval of
any improvement plan for the GPA/ZC area.
For orderly development.
10. Access to the arterial streets will be limited and determined at time of division or development.
Determination of whether a right turn lane is required at the access street(s) will also be made at
the time of division or development. A full access opening will only be considered if the developer
funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal
synchronization study is submitted and approved, which shows progression is not adversely
affected.
For orderly development.
11. Access to the project area from Brook Street and East White Lane 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. Construct 32' wide paved road along the White Lane
alignment from the west boundary of the GPA/ZC to Cottonwood Road. 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 development.
12. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by
the Regional Transportation Impact Fee nor included with normal development improvements) as
indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit.
Proportionate shares from the study as follows:
a. Cottonwood Rd & White Ln, Add 1 NBL, 1 SBL, 2.72% share
b. Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 EBT, 1 EBR, 1 NBL, 1 NBT, 1
NBR, 1 SBL, 1 SBT, 1 SBR, 5.7% share
c. Cottonwood Rd & Fairview Rd, Install signal, Add 1 NBL, 1 SBR, 6.33% share
d. Panama Ln & So. H St, Add, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBT, 1 SBR, 2.44 % share
e. Union Ave & Panama Ln, Add 2 WBL 1, 2 WBT1, 1 WBR1, 2.8% share
f. Sparks St & Panama Ln, Install signal, 4.7% share
g. Cottonwood Rd & Panama Ln, Add 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1 SBT, 4.46%
share
Notes: NB - north bound, 5B - south bound. WB - west bound, EB - east bound, L - Left turn lane, T - Through
lane, R - Right turn lane, 15triping only
Mitigation for potentially significant traffic impacts.
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EXHIBIT A
GPA No. 07-0021
Mitigation/Conditions of Approval
13. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of
development.
Mitigation for potentially significant traffic impacts.
ResidentiallWastewater Treatment Plant Interface
14. With the recordation of final subdivision maps within the GPA area, a covenant shall be recorded
on all residential lots disclosing their proximity to the City of Bakersfield Wastewater Treatment
Plant No. 2 and specifying that offensive odors generated by this facility are expected to affect
their property in perpetuity.
For public health, safety and welfare.
TransDortation Facility Fee
15. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in
the amount of $2487 per dwelling unit or the fee in effect at the time of building permit approval. If
prior to issuance of a building permit said fee is merged into the regional TIF program then
payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This
fee is imposed per City Council approved action plan to pursue funds needed to complete
construction of major transportation facilities to serve growth and development within Metropolitan
Bakersfield.
For orderly development.
City Attornev
16. 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.
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Exhibit B
General Plan Amendment Map
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CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNATIONS
RR Rural Residential LI Light Industrial
2.5 gross acresldwelling 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 PublicIPrivate Schools
LR Low Density Residential PT Public Transportation Corridors
::S 7.26 dwelling unitslnet 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
He Highway Commercial 20 acre minimum parcel size
GC General Commercial 80 acre min (Williamson Act)
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
F reewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
Expresswavs 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.
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