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
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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.
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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 Auaust 29. 2007 by the following vote:
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~ 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 ~.
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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
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Exhibit A
Mitigation/Conditions of Approval
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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.
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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
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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. For orderly development.
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Exhibit B
General Plan Amendment Map
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