HomeMy WebLinkAboutRES NO 255-07
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RESOLUTION NO. 2 5 5 - 0 7
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1218, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ALONG THE WEST SIDE OF GOSFORD ROAD,
GENERALLY BETWEEN PANAMA LANE AND MC CUTCHEN
ROAD, NORTH OF BERKSHIRE ROAD (FUTURE ALIGNMENT).
WHEREAS, Aaron Hashim for The Davis Family Trust, filed a application requesting a
General Plan Amendment, an amendment to the land use designation ofthat 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, September
17,2007, and on Thursday, September 20,2007, on General Plan Amendment No. 07-1218, notice
of the time and place of hearing having been given at least ten (10) calendar days before said
hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the project was duly noticed to all owners or operators of all adjacent industrial
properties in order to eliminate the requirement for a masonry wall. Said notice was sent on August
24, 2007 for the Planning Commission hearing; and
WHEREAS, General Plan Amendment No. 07-1218, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1218:
Aaron Hashim for The Davis Family Trust, applied to amend the Land Use Element of the
Metropolitan Bakersfield General Plan consisting of a change from HMR (High Medium
Density Residential) to OC (Office commercial) on 22.46 acres. The project site is located
along the west side of Gosford Road, between Panama Lane and McCutchen Road, north of
Berkshire Road (future alignment); and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1218 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. 152-07 on September 20, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1218 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,
November 28, 2007, on General Plan Amendment No. 07-1218 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
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WHEREAS, the project was duly noticed to all owners or operators of all adjacent industrial
properties, based on the Kern County Assessor's Office, in order to eliminate the requirement for a
masonry wall along the west and north boundaries of the site. Said notice was sent at least ten days
prior to this City Council hearing; 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
Planning Commission as set forth in Resolution No. 152-07 adopted on September
20, 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 HMR (High Medium Density
Residential) to OC (Office commercial) on 22.46 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 CEOA 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.
4. The project was duly noticed to all owners or operators, according to the Kern
County Assessor's Office, of all adjacent industrial properties in order to eliminate
the requirement for a masonry wall. Said notice was sent at least ten days prior to
this City Council hearing.
NOW, THEREFORE, BE IT RESOLVED and found by the City 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 the General Plan Amendment No. 07-1218 is hereby
approved and adopted.
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3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary ofthe 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-
1218, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property located along the west
side of Gosford Road, generally between Panama Lane and McCutchen Road, north
of Berkshire Road (future alignment), subject to mitigation/conditions of approval and
elimination of conditions as indicated and found in attached Exhibit "A".
5. That General Plan Amendment No. 07-1218, 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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AYES:
NOES:
ABSTAIN:
ABSENT:
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 NOV 2 8 2001 by the
following vote:
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COUNCILMEMBER CARSON, BENHAM, WEIR, ~, HANSON, SUL(IVAN, SCRIVNER
COUNCILMEMBER MYt.-e.....--
COUNCILMEMBER ~
COUNCILMEMBER ~
Y,CMC
CITY CLERK and x Officio Clerk 0
Council of the City of Bakersfield
APPROVED NOV 2 8 2001
HARVE L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: !?of;tA:f;'7Yb ~
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. 07-1218
Cultural Resources
1. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant
cultural resource impacts.
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.
City Attornev Condition
3. 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.
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
4. 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:
b.
Provide fully executed dedication for Gosford Road(s) to arterial standards and Berkshire
Road 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. "K
This GPAlZC area is too small to support it's own storm drainage sump. The City will ~ ~ ~<'$>V'
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a.
Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 2 of 5
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. Submit verification to the City
Engineer of the existing sewer system's capability to accept the additional flows to be
generated through development under the new land use and zoning.
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 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.
5. 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.
6. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in
the amount of 35~ per square foot for commercial use 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.
7. 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.
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
Tables 7 & 8 of the traffic study. An updated estimate, based upon current costs, and fee
schedule shall be developed by the applicant and approved prior to recordation of a map or ~i\K~i
issuance of a building permit. Proportionate shares from the traffic study as follows: cJ- ~
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Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 3 of 5
a. Gosford Rd. & White Ln., Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1
SBT, 0.65% share2.
b. Gosford Rd. & District Blvd., Add 1 EBL, 1 WBL, 0.94% share.
c. Gosford Rd. & Harris Rd, Add 1 SBL 1, 1.88% share.
d. Reliance Dr. & Panama Ln., Add 1 SBL 1, 1.57% share
e. Ashe Rd. & Panama Ln., Add 1 SBL \ 2 SBT1, 0.94% share
f. Gosford Rd. & Taft Hwy. (SR 119), Add 2 NBL, 1 NBT, 1.47% share
g. Panama Ln., Old River Rd to Gosford Rd, add 2 lanes, 0.84% share
h. Panama Ln., Gosford Rd to Ashe Rd, Add 1 lane, 1.08% share
i. Taft Hwy. (SR 119), Old River Rd to Gosford Rd, Add 2 lanes, 0.34% share
j. Taft Hwy. (SR 119), Gosford Rd to Ashe Rd, Add 2 lanes, 0.58% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound L - Left turn
lane, T - Through lane, R - Right turn lane, 1Striping only.
For orderly development.
9. Regional Transportation Impact Fee:
Prior to the issuance of building permits, the project applicant shall participate in the RTIF
program by paying the adopted residential unit fee in place at time of development. For orderly
development.
Plannina Condition
10. Prior to Final Site Plan approval by the Planning Department, the developer of the GPAlZC area
shall provide important vehicular and pedestrian access to retail and food service uses from the
proposed office and residential uses. This will provide significant traffic and neighborhood
walkability benefits. For orderly development.
11. PCD Plans shall provide a public vehicular access road serving the proposed C-O development,
commercial development to the north and multiple family development to the west. The road
shall be designed to the satisfaction of the Public Works and Planning Departments to provide
vehicular and pedestrian access from the adjacent uses to the commercial center. For orderly
development.
12. PCD Plans shall depict a ten (10) foot wide landscape area between the commercial
development to the north and the proposed offices in lieu of a wall separation. For orderly
development.
13. With submittal of any tentative and/or final subdivision map filed on the project site, shall include
dedication of a full-width 60-foot local road to City standards along the western boundary of the
project site as shown in the attached exhibit.
If no subdivision map is filed, prior to occupancy of any building on the site, the applicant shall
construct said road referenced above to the satisfaction of the Public Works and Planning
Departments. For orderly development and enhanced access to the commercial center for
traffic relief and walkability.
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Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 4 of 5
Mitiaation/Conditions of Aooroval from GPAlZC 04-0057 that are aoolicable to this Proiect:
14. The agricultural water wells shall be properly removed and abandoned pursuant to the latest
procedures required by the local agency with closure responsibilities for the wells. Any
associated equipment (i.e. generators and pumping materials) shall be removed off-site and
properly disposed of at a permitted landfill. A visual inspection of the areas beneath the
removed materials (if present) shall be performed. Mitigation for potentially significant short-term
construction impacts.
15. Prior to issuance of any grading permit, the Project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues that may be present within the
Project site. Should contamination levels be in excess of acceptable Federal, State, and/or
County levels, the project applicant shall identify and implement remedial action, (subject to
approval by the City of Bakersfield and responsible regulatory agencies), to reduce
contaminants to acceptable levels. Mitigation for potentially significant agricultural impacts.
16. Prior to filing a final tract or parcel map, the developer/owner shall record a covenant for each lot
in the subdivision that prohibits the export of groundwater from the subdivision except by the
water purveyor that is serving the subdivision. Additionally, the developer/owner shall pay city
fees for inspection of installation of water facilities and City Water Availability Fees. Payment of
fees shall be made to the City on a pro-rata basis prior to final acceptance and recordation of
each phase of the project, based on the percentage of the gross acreage contained in the
particular phase to be accepted and recorded, as compared with contained in the particular
phase to be accepted and recorded, as compared with the total gross acreage within the entire
Project. All water main, service connections, and fire hydrants shall be installed by the
developer and dedicated to the City. Plans and specifications for such water mains and
appurtenances shall be prepared by and/or approval of plans for installation shall be by the City
of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter
guaranteeing a water supply. Mitigation for potentially significant water resource impacts.
17. The developer shall include the following disclosure provision in any grant deed to any grantee
of any property within the Project site:
Grantee hereunder acknowledges and agrees that the subject property is
located in the vicinity of active industrial uses and operations, including
the production of concrete, asphalt and other construction materials.
Grantee also acknowledges that such operations are associated with
potentially objectionable elements, including dust, noise, vibration, bright
lights, unattractive visual appearance, hours of operation, and heavy truck
on Gosford Road, Panama Lane, McCutchen Road and other roads in the
area. Grantee hereby covenants to include this same paragraph in any
subsequent deed by Grantee of all or any portion of the subject property.
Planning Commission condition added for potential land use conflicts.
The followina Conditions of Aooroval from GPAlZC 04-0057 shall be eliminated:
18. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
HMR and zoned R-2 and/or the area proposed to be designated as MC and zoned C-2, ~ ~M~?>
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Exhibit A
GPAlZC 07-1218
Mitigation/Conditions of Approval
Page 5 of 5
developer shall construct a masonry wall, not less than six feet high, on the Project site along
the southern boundaries of the area proposed to be designated as MC and zoned C-2. The
bottom of the wall shall be at grade level of the adjacent residences. Developer, and all future
owners of the property(ies) where such wall has been installed, shall be responsible for
maintaining such wall in good condition and repair.
19. Prior to issuance of any certificate of occupancy within the area proposed to be designated as
MC and zoned C-2, the developer shall install a row of trees adjacent to the masonry wall
required by the above condition. At the time of construction of the masonry wall, developer shall
install a row of trees adjacent to such wall. All such trees shall be planted and maintained in
accordance with City site development, zoning and/or PCD standards, shall be spaced not more
than twenty (20) feet apart, and shall be of a size sufficient to exceed the height of the adjacent
wall at full growth.
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Exhibit B
General Plan Amendment Map
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