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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. ~ME"-9 ~ ~ :>- - I-- rn _ r- <.) C:1 ORIGINAL 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 <<, ~"'KE"-9 () ~ :>- - I-- rn - r- <.) C:1 ORIGINAL ---------()()()-------- 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: =: / I / v// ,.....// ~.-/ 1-// .- 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 Page 3 of 3 <<, ~"'KE""-9 () ~ :>- - I-- rn - r- <.) C:1 ORIGINAL EXHIBIT A: MITIGATION I CONDITIONS OF APPROVAL ~"'KE"-9 ~ ~ :>- - I-- rn - r- <.) C:1 ORIGINAL 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 ~ME"-9 ~ ~ :>- rTi I-- r- <:) C:1 ORIGINAL 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 ~"'KE"-9 ~ ~ :>- - I-- P <:) C:1 ORIGINAL 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. ~ ~"'KE"-9 () ~ )... - I-- m - r- <.) C:1 ORIGINAL 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 ~ME"-9 ~ ~ >- - I-- P <:) C:1 ORIGINAL EXHIBIT B: GENERAL PLAN AMENDMENT MAP ~ME"-9 ~ ~ :>- - I-- P <:) C:1 ORIGINAL L() ('I') ~ ~ I "" o ~ Z W ~ o z w ~ <( z <( -.J a.. -.J <( c::: w z w (9 l:J rn ~Gllij LJa J~ z :5 <( :E <( z ~ ~ ~ 0:: ...J 0:: ...J =0 =0 =J 0:: :! ...J 0:: :! 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