HomeMy WebLinkAboutRES NO 262-07
RESOLUTION NO.
262';07
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-0619, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA
(RESOURCE INTENSIVE AGRICULTURE) TO LR (LOW DENSITY
RESIDENTIAL), GENERALLY LOCATED WEST OF OLD RIVER
ROAD, EAST OF GREEN ROAD, AND APPROXIMATELY 1500 FEET
NORTH TAFT HIGHWAY
WHEREAS, Mcintosh & Associates, for Grubb Ellis ASU & Associates, filed an application
requesting a General Plan Amendment of that certain property in 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. 07-0619, 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. 07-0619, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-0619:
Mcintosh & Associates, representing the owners of the subject property, applied to amend
the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change
from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on
approximately 30 acres. The project site is generally located west of Old River Road, east
of Green Road, and 1500 feet north of Taft Highway; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-0619 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. 151-07 on September 20, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-0619 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. 07-0619, 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.
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2. The Council has considered and concurs with the following findings made by the Planning
Commission as set forth in Resolution No. 151-07, 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 ofthe Metropolitan Bakersfield General Plan.
e. The land use designation change from R-IA (Resource Intensive Agriculture) to LR
(Low Density Residential) on approximately 30 acres 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 CEQA Implementation Procedures have been duly followed by city staff
and the Planning Commission.
3. That the applicant by prior written agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration.
4. 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. 07-0619 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. 07-0619,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located west of Old River
Road, east of Green Road, and 1500 feet north of Taft Highway, subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A".
5. That General Plan Amendment No. 07-0619, 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 ofthe
City of Bakersfield at a regular meeting thereof held on November 28, 2007 by the following vote:
AYES:
NOES:
COUNCILMEMBER CA~N. BE~M.IJI.IEi'R~. HANS6N. SUL~. SC~R
ABSTAIN:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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ABSENT:
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PAMELAA. McCARTHY, C J
CITY CLERK and Ex OfficIo Clerk of the
Council of the City of Bakersfield
APPROVED NOV 2 8 2007
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
RB - S:\GPA 3rd 2007\07-0619\Res-Ord\CC GPA Resolution 07-0619.doc
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Exhibit A
Mitigation/Conditions of Approval
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Mitigation/Conditions of Approval
General Plan Amendment 07-0619
Air Qualitv lMitioation Measures)
1. The applicant/developer of the project site shall submit documentation to the Planning
Department with submittal of any tentative tract map application 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 unpaved 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 SJV APCD 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.
Cultural Resources lMitioation Measures)
2. 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.
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
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Exhibit A-1
GPA 07-0619
Mitigation/Conditions of Approval
Page 2 of 4
identified on the site at anytime, IJIJOrk 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 Native American community shall
be notified immediately. Mitigation for potentially significant cultural resource impacts.
Land Use (Mitioation Measure)
4. If adjacent properties are utilized for agricultural purposes and/or have not received entitlements
for development at the time of development on the subject property, then a covenant shall be
recorded on all residential lots disclosing their proximity to agricultural uses and any associated
affect on their property. Such proof shall be submitted to the Planning Director prior to
recordation of final subdivision maps within the GPA area. Mitigation for potentially significant
land use impacts.
Traffic and Circulation (Mitigation Measures)
5. Prior to the issuance of any building permit within the GPA 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.
6. 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 updated estimate, based upon current costs, and fee schedule
shall be developed by the applicant and approved prior to recordation of a map or issuance of a
building permit. Proportionate shares from the study as follows (Mcintosh & Associates,
February 2007):
a. The intersection of Panama Ln & Old River Rd, Add 1 EBL, 1 EBT, 1 EBR, 1 WBT, 1 WBR,
1 NBL, 1 NBR, 1 SBT, 1.44% share.
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound b
Left turn lane, T - Through lane, R - Right turn lane, lStriping only
Mitigation for potentially significant traffic impacts.
Citv Attomev Condition
7. 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-1
GPA 07-0619
Mitigation/Conditions of Approval
Page 3 of 4
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
8. 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 Old River Road to arterial standards and McKee 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 GPA/ZC area is
submitted, dedication can be provided with the map.
b. Provide also fully executed dedication for Old River Road to arterial standards for the R-IA
parcel immediately south of this GPA/ZC area - APN 542-020-06. 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. Unless constructed prior to the development of this GPA/ZC area, construction of
improvements for the west half of this portion of Old River Road will be required with the
construction of the frontage improvements.
c. This GPA/ZC 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 GPA/ZC 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 or provide
verification that this area as it is to be developed is already included in a previously approved
drainage study. 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.
d. Sewer service must be provided to the GPA/ZC area. Submit a comprehensive sewer study
to be reviewed and approved by the City Engineer. The study shall conform to the Plant 3
Master 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
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Exhibit A-1
GPA 07-0619
Mitigation/Conditions of Approval
Page 4 of 4
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
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 the sump. This device shall be reviewed
and approved by the City Engineer, and shall provide the greatest benefit.
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.
9. 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 TIF program then payment of the
regional TIFfee 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.
10. 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.
11. 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.
Planning Deoartment Condition
12. With submittal of a tentative tract map application for the subject property, provide dedication, as
necessary, for the bike path along the future alignment of McKee Road in conformance with the
Parks and Trails Specific Plan for Old River Ranch. For orderly development.
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Exhibit B
General Plan Amendment Map
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