HomeMy WebLinkAboutRES NO 011-08
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RESOLUTION NO. li1 - 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, AND APPROVING GENERAL
PLAN AMENDMENT NO. 07-2017, AN AMENDMENT TO THE
LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT
701 UNION AVENUE.
WHEREAS, AMCAL Multi-housing 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, December
17,2007 and Thursday, December 20,2007 on General Plan Amendment No. 07-2017, 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 07-2017, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-2017:
AMCAL Multi-Housing applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from GC (General Commercial) and LR
(Low Density Residential) to HR (High Density Residential) on approximately 2.34 acres.
The project site is generally located at 701 Union Avenue; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-2017 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 City Council conducted a public hearing on January 16, 2008 to consider
the Planning Commission Resolution _-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 WEDNESDA V,
January 16, 2008, on General Plan Amendment No. 07-2017, 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. All required public notices have been provided.
3. The provisions of CEQA have been met.
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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 GC (General Commercial) and LR (Low
Density Residential) to HR (High Density Residential) on approximately 2.34 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 CECA 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 Negative 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. 07-2017 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. 07-
2017, consisting of changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located at
701 Union Avenue, subject to "Mitigation/Conditions of Approval" listed in Exhibit "A".
4. That General Plan Amendment No. 07-2017, 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 JAM 1 6 2008 by the
following vote:
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NOES: COUNCILMEMBER ~ '
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER ?J ~
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PAMELA A. McCA Y, CMC f
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~7/h ~
Exhibit A - Mitigation/Conditions of Approval
Exhibit B - General Plan Amendment Map
RS - S:\GPA 4th 2007\07-2017 (inc)\Res-Ord\CC GPA Resolution 07-2017.doc
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EXHIBIT A
MITIGATION/CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan AmendmentlZone Change 07-2017
Cultural Resources (Mitiaation 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 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. 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 (Mitiaation Measures)
3. 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.
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:
a. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and
approved by the City Engineer. Any storm water routed on Union Avenue will need approval
from Caltrans.
b. 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.
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.
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Exhibit A-1
GPA/ZC 07-0619
Mitigation/Conditions of Approval
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City Attornev Condition
6. 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.
RB:\\S:\GPA 4th 2007\07-2017 (inc)\Res-Ord\Exhibit A-1 (1).doc
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EXHIBIT B
GENERAL PLAN AMENDMENT MAP
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