HomeMy WebLinkAboutRES NO 122-08RESOLUTION NO. 1 2 ~ - ~ 8
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT NO. 08-0612, AN AMENDMENT TO THE
LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE
NORTH SIDE OF ROSEDALE HIGHWAY (STATE ROUTE 58),
GENERALLY BETWEEN ALLEN ROAD AND JENKINS ROAD.
WHEREAS, E&R Surveying & Consulting, c/o Eric Sertic representing Edward and Joseph
Kosareff, the property owners, filed an application requesting a General Plan Amendment, an
amendment to the land use designation of that certain property being annexed to 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, June 16,
2008, and on Thursday, June 19, 2008, on General Plan Amendment No. 08-0612, notice of the
time and place of hearing having been given at least thirty (30) calendar days before said June 16,
2008 hearing by publication in The Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, General Plan Amendment No. 08-0612, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 08-0612:
E&R Surveying & Consulting, c/o Eric Sertic representing Edward and Joseph Kosareff, the
property owners, applied to amend the Land Use Element of the Metropolitan Bakersfield
General Plan consisting of a change from UER (Urban Estate Residential) to MUC (Mixed
Use Commercial) on 6.2 acres. The project site is located north of Rosedale Highway (State
Route 58), generally between Allen Road and Jenkins Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-0612 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. 89-08 on June 19, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 08-0612 to an OC (Office
Commercial) land use designation, 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,
July 30, 2008, on General Plan Amendment No. 08-0612 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
o``gAKF9~
~ m
r
U O
ORIGINAL
WHEREAS, the proposed MUC (Mixed Use Commercial) land use designation is
inappropriate for such a small parcel but there is lack of Office Commercial within this general area;
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. 89-08 adopted on June 19,
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 practicesjustifythe
amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan.
e. The land use designation change from UER (Urban Estate Residential) to
OC (Office Commercial) on 6.2 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
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.
NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission of the City
of Bakersfield as follows:
The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for the General Plan Amendment No. 08-0612 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. 08-
0612, constituting changes as shown on the map marked Exhibit "B", attached
o`~~AKF9s
> ~
~ m
Page 2 of 4 ~ o
ORIGINAL
hereto and incorporated as though fully set forth, for property located north of
Rosedale Highway (State Route 58), generally between Allen Road and Jenkins
Road, subject to mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 08-0612, 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.
---------000--------
o~gAKF9~
Page 3 of 4
v o
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 JUL 3 0 2008 by the
following vote:
YES'
S:
ABSTAIN:
ABSENT:
PAMELA A. McCART , CMC
CITY CLERK and Ex fficio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 3 0 2008
HARVEY L. H/~iLL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
~:
Exhibit A -Mitigation/Conditions of Approval
B -General Plan Amendment Map
MO:dc - S:\GPA 2nd 2008\08-0612\ResOrd\CC Res 08-0612.doc
o``gAKF9~
a
Page 4 of 4 v o
ORIGINAL
COUNCILMEMBER CARSON BENHAM WE RI COUCH, HAN50N, SULCNAN, SCF~IVNER
COUNCILMEMBER_~ ~.l O
COUNCILM
EXHIBIT A
Mitigation/Conditions of Approval
~gAKF9
o c1'.n
~- m
~ r
V ~
ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 08-0612
Cultural Impact Mitigation Measures
Prior toground-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 ofground-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.
Public Works Conditions
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 Rosedale Highway (SR 58) to CalTrans' to arterial
standards for the full frontage of the area within the GPA request and dedicate and construct
the west half of Sablewood Drive to local standards 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 too small to support its own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this GPA/ZC 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 or provide
O~~AK~~ r
~- m
~ ~
v o
ORIGINAL
Exhibit A
GPA/ZC 08-0612
Mitigation/Conditions of Approval
Page 2 of 4
an onsite sump that is privately maintained.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is willing to aid the developer
in the formation of a Planned Sewer Area and/or an Assessment District to provide a
mechanism for the reimbursement of oversizing costs to the developer.
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
development, as identified in these conditions. The phasing of the construction all infrastructure
will be addressed at the subdivision map stage.
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.
Mitigation for potentially significant transportation impacts.
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. The
GPA/ZC area will be required to join the North of the River Maintenance District. For orderly
development.
6. 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.
Local Mitigation
7. Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor included with normal development improvements) as indicated in
Tables 7 and 8 of the traffic study. An estimate and fee schedule shall be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit.
o``gAKF9~
'^
F. m
r
V O
ORIGINAL
Exhibit A
GPA/ZC 08-0612
Mitigation/Conditions of Approval
Page 3 of 4
Proportionate shares from the study as follows:
a. Renfro Rd &Hageman Rd, Add 1 EBL, 4.65% share.
b. Jenkins Rd &Hageman Rd, Add 1 NBL, 1 SBL', 7.19% share.
c. Hageman Rd & Allen Rd, Add 1 NBL, 2.62% share.
d. Renfro Rd & Meacham Rd, Add 1 EBL', 1 WBL, 4.97% share.
e. Jenkins Rd & Meacham Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 17.44% share.
f. Rudd Rd & Rosedale Hwy (SR 58), Install signal, Add 1 SBL, 2.3% share.
g. Jenkins Rd & Rosedale Hwy (SR 58), Add 1 NBL, 1 SBL, 12.74% share.
h. Allen Rd & Rosedale Hwy (SR 58), Add 1 SBT, 2.46% share.
i. Jenkins Rd & Palm Ave, Install signal, Add 1 EBL', 10.93% share.
j. Allen Rd & Palm Ave, Add 1 WBL', 2.57% share.
k. Allen Rd, Hageman Rd to Rosedale Hwy (SR 58), add 2 lanes, add median2, 2.43% share.
Notes: NB -North bound, SB -South bound, WB -West bound, EB -East bound L -
Left turn lane, T -Through lane, R -Right turn lane.
'striping only,
2portions have been widened adjacent to development
Mitigation for potentially significant transportation impacts.
Access Restrictions
8. No left turns in or out shall be permitted to Rosedale Highway (SR 119), if right turns are
permitted, a right turn lane shall be required to the satisfaction of Caltrans and the City
Engineer. For orderly development.
Regional Transportation Impact Fee
9. Pay the standard commercial fees, computed per policy, as adopted at time of development.
Mitigation for potentially significant transportation impacts.
City Attorney Condition
10. 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
o``gAKF9~
~.
~_ m
r
U p
ORIGINAL
Exhibit A
GPA/ZC 08-0612
Mitigation/Conditions of Approval
Page 4 of 4
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 orjudicial 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.
o``gAKF9~
~`
~ m
r
v o
ORIGINAL
EXHIBIT B
General Plan Amendment Map
s
o``~AKF9,,,
'- m
~_' r
V O
ORIGINAL
W
W
J
W
~~
~~. a
,__.~ .
~~
---~ ~
I ~~
~ _.~
-~___
~~~
~~
~ ~ ~
~,_. _.
:~ ~ ~ 7
LL~~
~~
4~,
~ }}
try ~ ` J ~„i
____J
~~ .
J~
~r~
i
~~~
~ W~
~;j
J
4
Le~~
~u
~a , ,, d i
f ~r~ ~_ ~ ~
~ ~
~ ~_~ ~
~~
~~
. _ ~ ~ ~ . ~ ~
~~
e;~~ . __~
~~
~ ~~
~ ~` '~ ~
!~ 1
.~
~A
'~
~ r^^---. 1. ~.
C'V 11 r k
[]MC~t! !'
,---~-
~:-
3
5 t
1 i
l~'4`-
' ~o~~AKF ~
s
.~ L m
~~~'~~ ~J ~" r
' _ ORIGINAL