HomeMy WebLinkAboutRES NO 068-08
RESOLUTION NO. 06 8 - 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN
AMENDMENT NO. 07-1135, AN AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, GENERALLY LOCATED AT THE
NORTHWEST CORNER OF ASHE ROAD AND MCCUTCHEN
ROAD.
WHEREAS, David Dmohowski, Premier Planning Group, LLC., for Tim Banducci et ai, 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, March 17,
2008, and on Thursday, March 20,2008, on General Plan Amendment No. 07-1135, notice of the
time and place of hearing having been given at least twenty (20) calendar days before said March
17, 2008 hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, General Plan Amendment No. 07-1135, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1135:
David Dmohowski, Premier Planning Group, LLC., for Tim Banducci et ai, applied to
amend the Land Use Element of the Metropolitan Bakersfield General Plan
consisting of a change from R-IA (Resource-Intensive Agriculture) to HMR (High
Medium Density Residential) on 39.94 acres and to LI (Light Industrial) on 19.99
acres. The project site is generally located northwest of Ashe Road and McCutchen
Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1135 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. 41-08 on March 20, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1135 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,
May 7,2008, on General Plan Amendment No. 07-1135 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. 41-08 adopted on March 20,
2008:
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 R-IA (Resource-Intensive
Agriculture) to HMR (High Medium Density Residential) on 39.94 acres and
to LI (Light Industrial) on 19.99 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. 07-1135 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-
1135, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located at the
northwest corner of Ashe Road and McCutchen Road, subject to
mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 07-1135, 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 3
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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 HAY 0 7 2006 by the
following vote:
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AYES: COUNCILMEMBER CARSON, BE':I.~II:,M, W~R, COUCH, HANSON, SULLIVAN. SCRIVNER
: COUNCILMEMBER V\~
ABSTAIN: COUNCILMEMBER hA~ u
ABSENT: COUNCILMEMBER rQ f.K\ 111 tlA'Y\
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED HAY 0 7 2008
HARVEY L. HALL
MA VOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~Jn.~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
RB:dc - S:\GPA 1st 2008\07-1135\Res-Ord\CC Res 07-1135.doc
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EXHIBIT A:
MITIGATION I CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 07-1135
Cultural Resources (Mitication 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 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 impacts.
Traffic and Circulation (Mitication Measures)
3. Prior to the issuance of any building permit within the GPAlZC 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 impacts.
4. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements and mitigation
not covered by the RTIF as identified in the submitted project traffic study (Pinnacle Civil
Engineering, December 2007)
a. Fully expand Panama Lane at Wible Road to city standards, 5.28% share
Mitigation for potentially significant impacts.
Public Works
5. 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 Ashe and McCutchen Roads to arterial 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
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Exhibit A
GPAlZC 07-1135
Mitigation/Conditions of Approval
Page 2 of 4
subdivision map over the entire GPAlZC area is submitted, dedication can be provided with
the map.
b. Also provide fully executed dedication for Ashe Road in front of the 19.53 acre parcel (APN
539-010-10). 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 GPAlZC area, construction of improvements for the west half of this
portion of Ashe Road will be required with the construction of the frontage improvements.
c. This GPAlZC is too small to support its own storm drainage sump. The City will allow no
more than one sump per 80 acres. Therefore, this GPAlZC must be included within the
drainage area of the adjoining properties. The applicant shall submit a comprehensive
drainage study for the entire drainage area, including the 19.53 acre parcel (APN 539-010-
10), to be reviewed and approved by the City Engineer. Note: the parcel at the northwest
corner of Ashe Road and McCutchen Road may have its own sump. 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. 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.
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 to the storm drain
system with the least maintenance cost.
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
6. 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 industrial and/or $2487 for residential dwelling unit. 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
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Exhibit A
GPAlZC 07-1135
Mitigation/Conditions of Approval
Page 3 of 4
construction of major transportation facilities to serve growth and development within
Metropolitan Bakersfield. For orderly development
7. 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.
8. 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.
Plan nino Condition
9. 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. For public health, safety, and
welfare.
Safety Division Conditon
10. Pipeline Easements:
a. Concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show the easements on the final map with a notation
that structures including accessory buildings and swimming pools, are prohibited within
the easements and record a corresponding covenant.
b. Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, subdivider shall show on the final map that no habitable
portion of a structure may be built within 50 feet of a gas main, or transmission line, or
refined liquid product line with 36 inches of cover, and record a corresponding covenant.
c. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product, within 48 inches or more of cover. If a pipeline meets this criteria, the 40 foot
setback line shall be shown in the final map and a corresponding covenant shall be
recorded prior to or concurrently with recordation of any phase that is affected.
d. No habitable portion of a structure may be built within thirty (30) feet of a crude oil
pipeline operating at twenty percent (20%) or greater of its design strength.
e. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline
easements, subdivider shall record a covenant disclosing the location of the pipelines on
all lots of this subdivision within 250 feet of the pipelines.
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Exhibit A
GPAlZC 07-1135
Mitigation/Conditions of Approval
Page 4 of 4
Public health, safety and welfare.
City Attornev Condition
11. 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 1st 2008\07-1135\Res-Ord\Exhibit A-1 (1).doc
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EXHIBIT B:
GENERAL PLAN AMENDMENT MAP
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