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HomeMy WebLinkAboutRES NO 011-08 . 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. Page 1 of 3 ~ fQA.K~~ C> ~ >-- .- I- rn - ,.... c.:> tl ORIGINAL 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. ...........()()()......... Page 2 of 4 ~ fQA.Kc-9 o % "- - '= ~ :> tl JRIGINAL 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: ~ COUNCILMEMBER ~~ Ww) ~r -'^- . Ha.,Yt~ I ~ UlVn I b.o-J Uruv\ NOES: COUNCILMEMBER ~ ' ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ?J ~ ~~~ F1 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 Page 3 of4 !<. -o~4> () ~ >-- .- I- (T1 _ r- (.) 0 ORIGINAL EXHIBIT A MITIGATION/CONDITIONS OF APPROVAL ~ ~r..K~~ () % >-- - I- m - r- o 0 ORIGINAL 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. ~ ~~~f-9 C> ~, ;:.... I- <3 c..: ORIGIN,O' n Exhibit A-1 GPA/ZC 07-0619 Mitigation/Conditions of Approval Page 2 of 2 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 ~ ~fl..Kc~ o % >- "' t: r (.) tl ORIGINAL EXHIBIT B GENERAL PLAN AMENDMENT MAP ~ ~r../(~-? o % :>.. - I- \'T1 _ r0- c.:> t:l" ORIGINAL f'... ~ o C\I I f'... o ~ Z W ~ o z w ~ <( z <( ...J c.. ...J ~ W Z W (!) 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