HomeMy WebLinkAboutRES NO 267-07
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DEClARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1193, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED AT THE NORTHEAST CORNER OF SOUTH FAIRFAX
ROAD AND EAST WILSON ROAD.
.
267-07
WHEREAS, Mcintosh & Associates for Fairfax Holdings LP, filed a application requesting a
General Plan Amendment, an amendment to the land use designation of that certain property being
annexed to 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, then continued the item to the October 4, 2007,
on General Plan Amendment No. 07-1193, notice of the time and place of hearing having been
given at least twenty (20) calendar days before said September 17,2007 hearing by publication in
The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 07-1193, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1193:
Mcintosh & Associates for Fairfax Holdings LP, applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from ER (Estate
Residential), RR (Rural Residential) and SR (Suburban Residential) to LR (Low Density
Residential) on 78.64 acres. The project site is located at the northeast corner of South
Fairfax Road and East Wilson Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1193and 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. 166-07 on October 4, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1193 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. 07-1193 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. 166-07 adopted on October 4,
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 CECA.
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 ER (Estate Residential), RR (Rural
Residential) and SR (Suburban Residential) to LR (Low Density Residential)
on 78.64 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 CECA, the State CECA Guidelines,
and the City of Bakersfield CECA 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. 07-1193 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-
1193, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property located at the
northeast corner of South Fairfax Road and East Wilson Road, subject to
mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 07-1193, 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 NOV 2 R 2007 by the
following vote:
AYES: COUNCILMEMBER CAR~N. BEN~M. w~~. HAN~N, SULtJvAN, SCRiVN'ER
NOES: COUNCILMEMBER 1\..rr1tLI2
ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER (' f) U 11 A-
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PAMELA A. McCAR , CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 2 8 2007
HARV Y 1.:. HALL
MA VOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: IJzUd ~ ~
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. 07-1193
CulturallmDact Mitigation Measures
1. 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 a\Oid
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. 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 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
2. 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 CECA 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
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Exhibit A
GPA/ZC 07-1193
Mitigation/Conditions of Approval
Page 2 of 4
another entity or party.
Public Works Conditions
3. 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 South Fairfax Road to arterial standards and East
Wilson Road to collector standards for the full frontage of the area within the General
Plan Amendment/Zone Change (GPA/ZC) 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 GPA/ZC area is submitted, dedication shall be provided
with the map.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 (one) sump may be utilized to serve this area. The study shall
be approved and any required retention site and necessary easements dedicated to the
City.
c. Sewer service must be provided to the GPA/ZC area. Submit a comprehensive sewer
study to be reviewed and approved by the City Engineer. This study must conform to the
Northeast Bakersfield Master Sewer Study. 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 than 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 oversizing 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 GPA/ZC 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.
4. Prior to issuance of a of a building permit, the developer shall pay a major transportation facility
fee in the amount of $2,487 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
(Transportation Impact Fee) 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 A
GPAlZC 07-1193
Mitigation/Conditions of Approval
Page 3 of 4
5. The entire area covered by this GPAlZC area 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, tentati\e subdivision map, Site Plan Re\4iew, or
application for a lot line adjustment fbr any portion of this GPAlZC area. For orderly
development.
6. The Redbank Road crossing of the Eastside Canal needs INidening, and the Wilson Road and
Muller Road crossings on the Eastside Canal must be constR.Jcted. Developer shall pay their
proportionate share of the cost and shall aid in the brmation of a Major Bridge and
Thoroughfare District for these crossings prior to recordation of any map or approval of any
improvement plan for the GPAlZC area. 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. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for
by the Regional Transportation Impact Fee (RTIF) nor included with normal development
improvements) as indicated in Table 6 of the traffic study. An updated estimate, based upon
current costs, and fee schedule shall be developed by the applicant and approved by the City
Engineer prior to recordation of a map or issuance of a building permit. Proportionate shares
from the study as follows:
a. Brundage Ln & Fairfax Rd, Add 1 EBL, 1 WBL, 1 SBT, 3.06% share, add 1 NBL, 100%
share.
b. Fwy 58 & Fairfax Rd, WB Ramp, Install signal, add 1 NBL, 1 NBT, 1 SBT, 7.01% share.
c. Fairfax Rd & Muller Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR, 4.38% 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,
1 Striping only.
For orderly development.
9. Opening Day Mitigation: Install signals per CalTrans Standard L-9 at the eastbound ramp at
Fwy 58 and Fairfax Road. TIF credit is available for this project. For orderly development.
10. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the Regional Transportation Impact Fee (RTIF) program by paying
the adopted residential unit fee in place at time of development. For orderly development.
11. With submittal of any tentative tract application adjacent to the railroad tracks, the applicant shall
provide a noise study to determine the height and location of a sound wall along the east
boundary of the site. For public health, safety, and Vltelfare.
12.
No lots shall front onto East Wilson Road. Any future subdivision along East Wilson Road shall
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Exhibit A
GPAlZC 07-1193
Mitigation/Conditions of Approval
Page 4 of 4
be designed with a masonry block wall with double frontage lots along East Wilson Road. For
orderly development.
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EXHIBIT B
Location Map
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