HomeMy WebLinkAboutRES NO 070-08
RESOLUTION NO. 0 7 0 - 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1930, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA
(RESOURCE - INTENSIVE AGRICULTURE) TO SI (SERVICE
INDUSTRIAL) ON 19.55 ACRES, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF GOSFORD ROAD AND MCCUTCHEN
ROAD.
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. 07-1930, 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 No. 07-1930, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1930:
Brent Dezember, for Structure Cast, applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from R-IA (Resource -Intensive Agriculture) to
SI (Service Industrial) on 19.55 acres located on the southwest corner of Gosford Road and
MCutchen Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1930 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. 50-08 on March 20, 2008 and April 3, 2008, the Planning
Commission recommended approval and adoption of General Plan Amendment No. 07-1930 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. 07-1930, notice oftime 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. 50-08, adopted on March 20, 2008
and April 3, 2008:
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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
SI (Service Industrial) on approximately 19.55 acres is compatible with the land
use designation 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 CECA, the State CECA Guidelines, and the City of
Bakersfield CECA Implementation Procedures have been duly followed by city
staff and the Planning Commission.
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. 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. 07-1930 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. 07-1930,
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 southwest
corner of Gosford Road and McCutchen Road, subject to the "Mitigation/Conditions of
Approval" listed in Exhibit "A".
5. That General Plan Amendment No. 07-1930, 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:
6?
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CA~, El[~JII.\Mt W~ cc:k:J&, HA~ SULLI~, SCRI~
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex OffiCi~ :r:rK afthe
Council of the City of Bakersfield
MAY 0 7 200B
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~~ ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:\GPA 1st 2008\07-1930\Resolution\CC GPA Resolution.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 07-1930
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
CulturallmDact Mitiaation Measures:
1. 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 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
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
impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Mitiaation Measures:
3. 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 McCutchen Road and Gosford Road to arterial
standards for the full frontage of the area within the GPA request. Dedications shall
include sufficient widths for landscaping as directed by the City Engineer and may include
additional right-of-way for right turn lanes if the locations are known. Submit a current title
report with the dedication documents. If a tentative subdivision map over the entire
GPAlZC area is submitted, dedication can be provided with the map.
b. Unless constructed prior to the development of this GPAlZC area, the construction of one
north bound lane on Gosford Road from this GPAlZC area's north boundary to McCutchen
Road and the construction of one east bound lane on McCutchen Road from this GPAlZC'OAk("-)>
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EXHIBIT A
GPAlZC No. 07-1930
Mitigation/Conditions of Approval
area's east boundary to Gosford Road will be required with the construction of the
frontage improvements. 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.
c. This GPAlZC area is too small to support it's own storm drainage sump. The City will allow
no more than one sump per 80 acres; therefore, this GPAlZC area must be included within
the drainage area of adjoining property. Submit a comprehensive drainage study of the
entire drainage area, 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. 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
4. 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
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. For orderly development
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EXHIBIT A
GPAlZC No. 07-1930
Mitigation/Conditions of Approval
6. 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
7. This project is subject to the adopted Regional Traffic Impact Fee fixed rate program. For
orderly development
City Att()rney
8. 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 CECA 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.
a. 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.
b. The City will promptly notify Applicant of any such claim, action or proceeding, 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.
JS:S:\GPA 1st 2008\07-1930\Staff Reports\Conditions Ex A-1.doc
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Exhibit B
General Plan Amendment Map
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