HomeMy WebLinkAboutRES NO 123-08RESOLUTION NO. ~ 2 3 _ 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 08-0590, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LR
(LOW DENSITY RESIDENTIAL) TO LI (LIGHT INDUSTRIAL) ON 4.68
ACRES, GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
LANGLEY ROAD AND EL TORO VIEJO ROAD (FUTURE) 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, June 16, 2008,
and on Thursday, June 19, 2008, on General Plan Amendment No. 08-0590, 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. 08-0590, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 08-0590:
Mark J. Smith, representing Langley World Properties, LLC, applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low
Density Residential) to LI (Light Industrial) on 4.68 acres located on the southwest corner of
Langley Road and EI Toro Viejo Road (future); and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-0590 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. 87-08 on June, 19, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 08-0590 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. 08-0590, 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:
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 asset forth in Resolution No. 87-08, adopted on June 19, 2008:
a. All required public notices have been provided.
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b. The provisions of CEQA have been met.
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 LI (Light
Industrial) on approximately 4.68 acres is compatible with the land use
designation 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.
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:
The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 08-0590 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. 08-0590,
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 Langley Road and EI Toro Viejo Road (future), subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A".
5. That General Plan Amendment No. 08-0590, 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 JUL 3 0 2008
by the following vote:
AYE
ES:
ABSTAIN
ABSENT:
APPROVED
COUNCILMEMBER CARSON, BEN AM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER IA Ph,LQ_
COUNCILMEMBER Ul,~ri-Q~
COUNCILMEMBER I(~.0~_
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici Jerk of the
Council of the City of Bakersfield
By:
Exhibit A -Mitigation/Conditions of Approval
B -General Plan Amendment Map
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JUL 3 0 2008 _
EXHIBIT A
MITIGATION /CONDITIONS OF APPROVAL
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 08-0590
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Impact Mitigation Measures:
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:
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 EI Toro Viejo Road to collector 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. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 sump may be utilized to serve this area; this sump should be
located so that it is available to serve adjacent areas as they develop. The study shall be
approved and any required retention site and necessary easements dedicated to the City.
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Exhibit A-1
GPA/ZC 08-0590
Page 2
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
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/industria. 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 the
GPA area. For orderly development.
6. Access to the project area from Rosedale Highway or Brimhall Road is provided by a sub-
standard road. With the development of the project area, approved, improved access to the
site must be provided. The required improvements shall be 36 feet of paving meeting City
design standards for a collector road, with two 12' lanes and 6' shoulders. 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. For orderly development.
7. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. For orderly development.
8. A traffic analysis dated March 31, 2008 was prepared by Porter & Associates justifying that no
detailed traffic study is required was found to be acceptable. The analysis shows the change
will result in an insignificant increase in potential trip generation (6 PM peak hour trips) which
is below thresholds established by the City and Caltrans (100 peak hour trips). We concur with
the findings of the analysis and recommend that the development be required to pay into the
adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements
mitigate impacts of the existing densities and therefore will do so due to the minor increase.
For orderly development.
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Exhibit A-1
GPA/ZC 08-0590
Page 3
City Attorney
9. 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.
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.
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EXHIBIT B
GENERAL PLAN MAP
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