HomeMy WebLinkAboutRES NO 183-07
RESOLUTION NO. 18 3 - 0 7
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, UPHOLDING THE APPEAL AND
APPROVING GENERAL PLAN AMENDMENT NO. 06-2254, AN
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR
(LOW DENSITY RESIDENTIAL) TO HMR (HIGH MEDIUM
DENSITY RESIDENTIAL ON APPROXIMATELY 20 ACRES,
GENERALLY LOCATED APPROXIMATELY SIX-HUNDRED
FEET NORTH OF PALADINO DRIVE AND DIVIDED BY THE
FUTURE ALIGNMENT OF RIVANI DRIVE.
WHEREAS, Mcintosh & Associates, for Steven Boneso, filed an application requesting a
General Plan Amendment, change of zoning 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, July 2,
2007 and Thursday, July 5,2007 on General Plan Amendment No. 06-2254, 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 06-2254, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-2254:
Steven Boeneso, represented by Mcintosh & Associates applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low
Density Residential) to HMR (High Medium Density Residential) on approximately 20 acres.
The project site is generally located 600 feet north of Paladino Dr, and is divided by the
future alignment of Rivani Drive; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-2254 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, the applicant appealed the Planning Commission decision to deny the project;
and
WHEREAS, the City Council conducted a public hearing on August 29, 2007 to consider
the Planning Commission Resolution 125-07; 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. 06-2254, notice of time and place ofthe 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
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WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. All required public notices have been provided.
3. The provisions of CEQA have been met.
4. 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.
5. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan.
6. The land use designation change from LR (Low Density Residential) to HMR (High
Medium Density Residential) on approximately 20 acres is compatible with the land
use designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
7. The laws and regulations relating to the preparation and adoption of Negative
Declarations 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
8. That the applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Negatiw Declaration.
9. 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. 06-2254 is hereby
approved and adopted.
2. 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.
3. The City Council hereby approves and adopts General Plan Amendment No. 06-
2254, consisting of changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located 600
feet north of Paladino Drive, and divided by the future alignment of Rivani Drive,
subject to "Mitigation/Conditions of Approval" listed in Exhibit "A".
4. That General Plan Amendment No. 06-2254, 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
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General Plan.
6. That the appeal is upheld.
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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 . AVG 2 9 2001 by the
following vote:
cAYeb COUNCILMEMBER~I~I~1 G,~\ ~VV'~,~, <s~
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
~L1.
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C rk of the
Council of the City of Bakersfield
AUG 2 9 2007
HARVEY L. HALL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
Exhibit B - General Plan Amendment Map
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EXHIBIT A:
MITIGATION/CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change/Annexation No. 06.2254
Air Quality (Mitiaation Measures)
1. The applicant/developer of the project site shall submit documentation to the Planning
Department prior to issuance of any building permit that they will/have met the following air
quality mitigation measures:
a. PM10 mitigation measures:
i. Water all unpaved or haul road surfaces twice each day construction activities
occur;
ii. Limit speed on all unpawd roads to 15 mph;
iii. Water any exposed ground surfaces twice each day construction activities occur;
iv. Stabilize all disturbed areas including inactive storage piles and cover with a tarp;
v. Maintain at least a six-inch freeboard space during transport of materials and/or
cover and wet to limit dust emissions;
vi. Remove mud or dirt accumulations on public roadways immediately when track
out exceeds fifty or more feet as well as at the end of the work day;
vii. Cease grading activities during periods of high winds where entrainment of dust
will exceed the SJVAPCD twenty-percent opacity requirement.
b. Construction Equipment Mitigation Measures:
i. Limit idling to no more than twenty minutes at a time;
ii. All construction equipment shall be maintained to manuBctures' specifications;
iii. Where possible electric equipment shall be used in lieu of diesel or gas powered
equipment;
iv. Encourage employees at the construction sites to carpool to and from work as
well as during the established lunch hours. Mitigation for potentially significant air
quality impacts.
Bioloaical Resources (Mitiaation Measures)
2. Although no evidence of the kit fox was found on the project site, since they are known to exist in the
general area all construction personnel be trained in sensitive species identification and avoidance
techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of
construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies
for resolution. Mitigation for potentially significant biological resource impacts.
3. A preconstruction clearance survey shall be conducted within 30 days of initial ground disturbance in
accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored,
excavated, and backfilled in accordance with the recommendations of the MBHCP, CDFG, and
USFWS. Mitigation for potentially significant biological resource impacts.
4. Within 30 days of initial ground disturbance, the applicant shall conduct California Department of
Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL) surveys to determine if BNLL are
present on the project site. Any evidence shall be reported to the reviewing agencies for resolution.
Mitigation for potentially significant bi%gical resource impacts.
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Exhibit A-1
GPAlZC 06-2254
Mitigation/Conditions of Approval
Page 2 of 5
Cultural Resources lMitioation Measures)
5. 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 (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 Depaltment
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.
6. 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 anytime, work shall stop at the location ofthe find and the Kem 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 Natiw American community shall
be notified immediately. Mitigation for potentially significant cultural resource impacts.
Traffic Conditions lMitioation Measures)
7. Prior to the issuance of building permits, the project applicant shall participate in the RTI F
program by paying the adopted residential fee in place at time of development. Mitigation for
potentially significant traffic impacts.
8. 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 6 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. Unit costs used in
the traffic study may be outdated due to recent rises in construction costs and shall be updated
as appropriate. Applicant shall participate in the improvements required on a pro-rata, fair share
basis, prior to the issuance of building permits, based upon the approved estimates.
Proportionate shares from the study as follows:
a. Fairfax Rd & Paladino Dr, Add 1 WBL, 2 WBR, 1 NBT, 2 SBL, 0.87% project share
b. Fairfax Rd & Panorama Dr, Add 1 WBL, 1.5% project share
c. Morning Dr & Panorama Dr, Add 1 NBR, 1 EBL, 2 WBL, 1 SBL, 4.49% project share
d. Panorama Dr & Vineland Rd, Add 1 EBT, 1 WBL, 1 WBT, 1 NBR, 0.62% project share
e. Masterson St & Panorama Dr, Add 1 EBR, 1 NBL, 1 SBR, 0.32% project 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, 1 Striping only
Mitigation for potentially significant traffic impacts.
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Exhibit A-1
GPAlZC 06-2254
Mitigation/Conditions of Approval
Page 3 of 5
Citv Attomey Condition
9. 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, emplo~es, 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 attomey 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 attomey chosen by
another entity or party.
Public Works Conditions
10. 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 Morning Drive and Rivani Drive to arterial/collector
standards for the full frontage of the area within the GPA request, as necessary.
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 tentatiw subdivision map over the entire GPAlZC area is
submitted, dedication can be provided with the map.
b. Provide dedication, as necessary, for the bike path along Morning Drive and Rivani Drive
in conformance with the NE Bakersfield Parks and Trails Plan.
c. This GPAlZC area is too small to support it's 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, and shall conform to the NPDES requirements. The
developer shall participate in the development of a Planned Drainage Area, or shall
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Exhibit A-1
GPAlZC 06-2254
Mitigation/Conditions of Approval
Page 4 of 5
provide some other method for the construction of the ultimate facilities satisfactory to the
City Engineer. Any required retention/detention site and necessary easements shall be
dedicated to the City.
d. 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 dewloper 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 1he 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.
f. 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 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.
11. 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.
12. 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.
13. Access to the project area from Paladino Drive 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. 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.
14. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the
amount of $2487 per dwelling unit for residential use and/or 35~ per square foot for
commercial/industrial use 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 TI F program then payment of the
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Exhibit A-1
GPAlZC 06-2254
Mitigation/Conditions of Approval
Page 5 of 5
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.
Deoartment of Conservation Condition
15. Prior to approval of a tentative tract or approval of site plan, the applicant shall accurately plot all
wells on plans and shall provide written confirmation from the Department of Conservation Division
of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that all oil wells
are accurately depicted on the proposed tentative tract or site plan. Police power to preserve public
health, safety and welfare.
16. All documented wells on the subject property shall be leak tested and abandoned to the satisfaction
of the Department of Conservation Division of Oil, Gas and Geothermal Resources (DOGGR).
Written confirmation of this action from DOGGR shall be provided to the Planning Director prior to
issuance of building permits on the subject property or recordation ofthe Final Map. Police power to
preserve public health, safety, and V'.elfare.
Plannina Deoartment Conditions
17. Planned Unit Development plans shall include a heavily landscaped buffer along the east property
line adjacent to the R-S 2.5-acre zoning and a minimum 100-foot setback for any two story
structures. For orderly development.
18. Prior to or concurrently with recordation of any final map, the subdivider shall record a covenant on
all lots within the subdivision disclosing any potential impacts from uses on adjacent properties.
Said covenant shall be reviewed and approved by the City Attomey and Planning Director prior to
recordation. Police power to preserve pUblic health, safety, and welfare.
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EXHIBIT B:
GENERAL PLAN AMENDMENT MAP
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