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HomeMy WebLinkAboutRES NO 179-07 RESOLUTION NO. 179..07 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 07-0514, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE SOUTH SIDE OF TAFT HIGHWAY, WEST OF MOUNTAIN RIDGE DRIVE (FUTURE ALIGNMENT), GENERALLY BETWEEN ASHE ROAD AND STINE ROAD. (Ward 6 upon annexation). WHEREAS, Jim Clawson Jr., filed a application requesting a General Plan Amendment, an amendment to the land use designation of that certain property being annexed into 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. 07-0514, 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. 07-0514, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 07-0514: Jim Clawson Jr., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from RR (Rural Residential) to GC (General Commercial) on 1.55 acres. The project site is located along the south side of Taft Highway, west of Mountain Ridge Drive (future alignment), generally between Ashe Road and Stine Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-0514 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. 120-07 on July 5, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 07-0514 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. 07-0514 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 ~~K~?> ~ % ~ n; _ r-- <..) r- ORIGINA.. Planning Commission as set forth in Resolution No. 120-07 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 RR (Rural Residential) to GC (General Commercial) on 1.55 acres is compatible with the land use designations of surrounding properties and is intemally 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 infrastructure exists or can easily be provided to accommodate the type of development. 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. 07-0514 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- 0514, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property located along the south side of Taft Highway, west of Mountain Ridge Road (future alignment), generally between Ashe Road and Stine Road, subject to mitigation/conditions of approval found in attached Exhibit "A". 5. That General Plan Amendment No. 07-0514, 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 ~~K~?> ~ (P '1\ >- - t- m - r- o c 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 Auaust 29. 2007 by the following vote: v- ~ ~ v- --- ,.,.--- ~ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~ COUNCILMEMBER ::u~ ~ 'rCl-",,",-~ APPROVED AUG 2 9 2007 APPROVED as to form: VIRGINIA GENNARO City Attorney By: IJvwm ~. ~~h PAMELA A. McCARTHY C P CITY CLERK and Ex OffiCIO Clerk of the Council of the City of Bakersfield Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map MO:dc - S:\GPA 2nd 2007\07-QS14\Res\CC Res GPA 07-0S14.doc Page 3 of 3 ~ ~f>.,I(~?> C) % .:... - I- m - r- (,) CJ ORIGINAL Exhibit A Mitigation/Conditions of Approval ~ ~AI(~..p <) ~ .:... - I- m - f"- (.) l:) ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 07-0514 Cultural Resources 1. Prior to ground disturbance activities (including grading and disking) associated with this project, personnel associated with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. 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. 2. Prior to ground disturbance activities (including grading and disking) associated with this project, the two structures currently on the project site shall be evaluated by a professional architectural historian in order to determine if either is considered eligible for listing in the National Register of Historic Places. Mitigation for potentially significant cultural resource impacts. 3. 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 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. Citv Attornev Condition 5. 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. ~ ~AI(~..p () ~ ;:..., - I- m - r- (,) l:) ORIGINAL Exhibit A GPAlZC 07-0514 Mitigation/Conditions of Approval Page 2 of 3 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 Conditions 6. Along with the submittal of any development plan, prior to approval of improvement plans, tentative subdivision map, Site Plan Review, or application for a lot line adjustment or parcel merger for any portion of this GPA area the following shall occur: a. Provide fully executed dedication for Mountain Ridge Drive to collector standards and Taft Highway to state highway standards for the 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. The GPA 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 costs. e. Developer is responsible for the construction of all infrastructure, both public and privat~AI(.t ~ ->-tr .:... '1\ I- m - r- o CJ ORIGINAL Exhibit A GPAlZC 07-0514 Mitigation/Conditions of Approval Page 3 of 3 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 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. 7. 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. 8. Payment of the proportionate share of the cost of the median for the Taft Highway 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. 9. There will be no access from Taft Highway. For orderly development. 10. The Taft Highway and Mountain Ridge Drive crossings of the Farmers Canal need widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings, 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. Transportation Facilitv Fee 11. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35~ per square foot or the fees 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. 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