HomeMy WebLinkAboutRES NO 072-08
RESOLUTION NO. 0 7 2 - 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN
AMENDMENT NO. 07-2342, AN AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, GENERALLY LOCATED AT THE NORTHEAST
CORNER OF HIGHWAY 178 AND MASTERSON STREET.
WHEREAS, Spring Hill Development 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. 07-2342, 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. 07-2342, an amendment to the land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-2342:
Spring Hill Development applied to amend the land Use Element ofthe Metropolitan
Bakersfield General Plan consisting of a change from lR (low Density Residential)
to HR (High Density Residential) on approximately 18 acres. The project site is
generally located northeast of Highway 178 and Masterson Street; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-2342 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. 39-08 on March 20, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-2342 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. 07-2342 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
Planning Commission as set forth in Resolution No. 39-08 adopted on March 20,
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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 lR (low Density Residential) to HMR
(High Medium Density Residential) on approximately 18 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 ofthe 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. 07-2342 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 ofthe 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-
2342, constituting changes as shown on the map marked Exhibit "S", attached
hereto and incorporated as though fully set forth, for property generally located at the
northeast corner of Highway 178 and Masterson Street, subject to
mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 07-2342, 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 HAY 0 7 2008 by the
following vote:
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ABSENT: COUNCILMEMBER rb Ia /VV\
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~(rh~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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EXHIBIT A:
MITIGATION I CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 07-2342
Cultural Resources (Mitication Measures)
1. Prior to ground-disturbance activities associated with this project, a qualified professional
archaeologist shall conduct a field survey of the entire project site. Results of the survey shall
be submitted to the Bakersfield Planning Department prior to approval of grading plans. Any
mitigation necessary as a result of the field survey shall be the responsibility of the developer to
implement. Mitigation for potentially significant archaeological impacts.
2. 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 archaeological
impacts.
3. 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 archaeological impacts.
Traffic and Circulation (Mitication Measures)
4. Prior to the issuance of any building permit within the GPA/ZC 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.
Biolocical Resources
5. Per Department of Fish and Game protocol, an adult season Blunt Nose leopard Lizard Survey
shall be conducted by a qualified biologist. The survey shall be submitted to the Planning
Department prior to grading plan approval, tract recordation or approval of a Preliminary
Development Plan, whichever occurs first. Department of Fish & Game Condition
6. The project site shall be surveyed by a qualified biologist to determine the existence of burrowing
owl. Such determination shall be submitted to the Planning Department prior to grading plan
approval, tract recordation or approval of a Preliminary Development Plan, whichever occurs first.
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Exhibit A
GPA/ZC 07-1135, PUD 07-2345
Mitigation/Conditions of Approval
Page 2 of 4
The burrowing owl is a migratory bird species protected by international treaty under the Migratory
Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess,
buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or
other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21).
Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the
take. possession. or destruction of birds. their nests or eaas. To avoid violation of the take
provisions of these laws, project-related disturbance at active nesting territories shall be reduced or
eliminated during critical phases of the nesting cycle (March 1 -August 15, annually). Disturbance
that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of
eggs or young) may be considered "taking" and is potentially punishable by fines and/or
imprisonment. Note: The burrowing owl is not covered under the Metropolitan Bakersfield
Habitat Conservation Plan. If any burrowing owl are found on the subject property during ground-
disturbance activities, such activities shall be terminated and a qualified biologist shall be contacted
immediately. Department of Fish & Game Condition
Public Works
7. 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 Masterson Street 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
subdivision map over the entire GPA/ZC area is submitted, dedication can be provided with
the map.
b. This GPA/ZC area is within the Breckenridge Drainage Area and shall follow the
requirements of the PDA. Submit a comprehensive drainage study to be reviewed and
approved by the City Engineer. The study shall show the development's proportionate share
of the necessary ultimate storm drainage facilities.
c. 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.
d. 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.
e. Developer is responsible for the construction of all infrastructure, both public and private,
within the boundary of the GPA/ZC 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
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Exhibit A
GPA/ZC 07-1135, PUD 07-2345
Mitigation/Conditions of Approval
Page 3 of 4
development, as identified in these conditions. The phasing of the construction all
infrastructure will be addressed at the subdivision map stage.
For orderly development.
8. 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 and/or $2487 for residential dwelling unit
(insert what applies). 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
9. 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.
10. Payment of the proportionate share of the cost of the median for the arterial frontage of the
property within the GPA/ZC request is required prior to recordation of any map or approval of
any improvement plan for the GPA/ZC area. For orderly development.
11. Prior to issuance of building permits on the subject property, the applicant shall construct the
east half of Masterson Street for the entire frontage of the subject property. Note: The City in
the Hills development is responsible for construction of the western 2 lanes of Masterson Street
from Paladino Drive to SR 178. For orderly development.
Citv Attornev Condition
12. 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,
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Exhibit A
GPA/ZC 07-1135, PUD 07-2345
Mitigation/Conditions of Approval
Page 4 of 4
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 B:
GENERAL PLAN AMENDMENT MAP
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