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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. x <o"K~?> o ~ >- - I- m ,. t- V (:) ORIGINAL 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. 2 ~ <OAK~?> o tfl >- ~ l- m - t- o ~ ORIGINAL -------..()()()-------- 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: /v--V'._~ ~ AYES: COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER NOES: COUNCILMEMBER ABSTAIN: ~T: COUNCILMEMBER COUNCILMEMBER ~ ~~ ~ ,~ 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: !'8wv0 m . dIwft Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map CG - S:\GPA 2nd 2007\07-0021\Resolutions\CC GPA Resolution 07-o021.doc 3 x <o"K~?> o ~ >- - ~ f!! o (:) ORIGINAL Exhibit A Mitigation/Conditions of Approval x <oAK~?> o ~ >- - l- m ,. t- o (:) ORIGINAL 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 ~ f(JAK~?> Page 1 of 4 0 ~ >- - l- m - t- o (:) ORIGINAL 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 x <O"K~?> Page 2 of 4 0 ~ >- - t: ~ o (:) ORIGINAL 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. Page 3 of 4 x <oAk~?> o tfl >- ~ l- m - t- o (:) ORIGINAL 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. S:\GPA 2nd 2007\07-0021\Resolutions\Conditions Ex A.doc Page 4 of 4 x <OAK~?> o tfl >- ~ I- m _ t- o C) ORIGINA!.. Exhibit B General Plan Amendment Map ~M~t$> ~ ~ >- m ':;. r; v ORIGlNA!.. ~ C\I o o I I"- o ~ Z W ~ o z w ~ <C z <C ...J a.. ...J ~ W Z W (!) .------ .......... 11. ------------------ --- ~ N S ll. I- ~ .... .... -. ... . ~ . . , . . . . . o..U g~ -.10 -=eN ~ 11. 1i ~~ elf ~ ~ - ~~ Sl w ~ CO :s~ ,.. ~ ~~ 01 Z -d0 .:=4~ en ~; l/'l ::: Sl ~ ~o ~ II 0 N g e ..., "It ... ~Q: q;~ it~ o..U ...::) 11. g~ 11. ;tCQ ~~ -.10 -=eN o..U ~i g~ Lfj~ -.10 P:~ -=eN ~ . . . CO ..... .... c ~ 0:: II: N iij S II: ~ ~ ll. I- ~ g ~ II: ~ 5i o..U g~ II: ~ -.10 -=eN 5i ---~ ..J - - 3nN3AV NON~3A lNnOV'l H.lnos 11. . , . , , , . .. 41' -' ..- 11. I I I I I I Iii II: II:~ ~ ~ ~Ul 6 Ii! III g g g g~ ~ ~ II: ~ II: ~ ~ I'-- ..... ~ CJVO~ aOOMNOllOO w S I!:! ~ ~ o..U g~ -.10 -=eN 11. II: ~ r--- .--- ----- --- ~ 111. o..U ULU ==><; -.I 0 ........................ -=eNi i i ~ 81~ i i . 11. - - -' ~ , , , , , , , , , ~ :i: & cO ==>~ -.10 -=eN ... ... . ......... I -... t- 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. S:\Forms\zone-gp.doc . ./ Ox"" ....-, ~ >- m ~ t- o (:) ORIGINAL