HomeMy WebLinkAboutRES NO 028-08
RESOLUTION NO. 1l..Z 8 - 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1791, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ALONG THE SOUTH SIDE OF PLANZ ROAD, WEST
OF SOUTH H STREET.
WHEREAS, Evergreen Devco Inc., for Infinity Development Property Management, filed a
application requesting a General Plan Amendment, an amendment to the land use designation 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, December
17,2007, and on Thursday, December 20, 2007, on General Plan Amendment No. 07-1791, notice
of the time and place of hearing having been given at least twenty (20) calendar days before said
December 17, 2007 hearing by publication in The Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, General Plan Amendment No. 07-1791, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1791:
Mcintosh & Associates for Fairfax Holdings LP, applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from HMR (High Medium
Density Residential) to GC (General Commercial) on 2.50 acres. The project site is located
along the south side of Planz Road, west of South H Street; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1193 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. 209-07 on December 20,2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1791 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 WEDNESDA V,
February 13, 2008, on General Plan Amendment No. 07-1791 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. 209-07 adopted on December
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 GC (General Commercial) on 2.50 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 infrastructure exists or can easily be provided to accommodate the type of
development.
NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission 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. 07-1791 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-
1791, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property located along the south
side of Planz Road, west of South H Street, subject to mitigation/conditions of
approval found in attached Exhibit "A".
5. That General Plan Amendment No. 07-1791, 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 F"J:'R 1 3 1008 by the
following vote:
~ COUNCILMEMBER
'imES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CA~N. BE~M, w~ CO~. HA~N.~U"bIV~. SC~NER
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PAMELA A. McCARTHY, eM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FES 1 3 2008
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:~m ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
MO:dc - S:\GPA 4th 2007\07-1791\ResOrd\CC Res 07-1791.doc
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EXHIBIT A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan AmendmentlZone Change No. 07-1791
CulturallmDact 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 applicanVdeveloper 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.
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.
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Exhibit A
GPA/ZC 07-1791
Mitigation/Conditions of Approval
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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. This GPA/ZC area is too small to support it's own storm drainage sump. A portion of the
on-site drainage may be able to be taken by a City sump at Planz Road and Benton
Street. Submit to the City Engineer for review and approval a drainage study for the
GPA/ZC area verifying the adequacy of the existing storm drain system to convey the
storm water to the existing sump and the adequacy of the existing sump for the additional
volume of storm water.
For orderly development.
5. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the
amount of $0.35 per square foot for commercial. 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 a component of the 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.
6. The entire area covered by this GPA/ZC 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, tentative subdivision map, Site Plan Review, or application for a
lot line adjustment for any portion of this GPA area. For orderly development.
7. 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 potentially significant traffic impacts.
ReciDrocal Parkina and Access Aareement
8. The applicant shall record a reciprocal access agreement with the adjacent commercial property to
the east of the GPA/ZC site, prior to any future approvals. Proof of said agreement shall be
provided to the City Attorney's office and Planning Department. For orderly development.
LandscaDe Plan
9. The conceptual landscape plan submitted with the development does not meet minimum city
requirements for parking lot shading and spacing, street frontage tree placement and building
elevation landscape requirements. A landscape plan shall be submitted to the Planning Director for
review and approval prior to submittal of final development plans. The plan shall meet minimum
requirements in the areas noted above. The Planning Director may require additional landscaping
at his/her discretion. For orderly development.
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Exhibit A
GPA/lC 07-1791
Mitigation/Conditions of Approval
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Division of Oil. Gas and Geothermal Resources Condition
10. There is one plugged and abandoned oil well at the edge and possibly within the project boundaries.
No structure shall be constructed over or in proximity to the abandoned oil well location. Section
3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the
reabandonment of a previously abandoned well when construction of any structure over or in the
proximity of a well could result in a hazard. The cost of reabandonment operations is the
responsibility of the owner or developer of the project upon which the structure will be located. If the
abandoned well is on the adjacent property or near the common property line, any structures shall
be set back sufficiently to allow future access to the well. For public health, safety and welfare.
11. If any other abandoned or unrecorded wells are uncovered or damaged during excavation or
grading remedial plugging operations may be required. The office of the Division of Oil, Gas and
Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334-
3653, shall be contacted to obtain information on the requirements for and approval to perform
remedial operations. For public health, safety and welfare.
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EXHIBIT B
General Plan Amendment Map
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