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Home My WebLink AboutRES NO 124-08RESOLUTION NO. 1 2 4- O 8 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 07-2271, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM GC (GENERAL COMMERCIAL) TO LR (LOW DENSITY RESIDENTIAL) ON 13.37 ACRES AND FROM HMR (HIGH MEDIUM DENSITY RESIDENTIAL) TO LR (LOW DENSITY RESIDENTIAL) ON 11.80 ACRES, GENERALLY LOCATED NORTH OF HARRIS ROAD AND EAST OF BUENA VISTA 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. 07-2271, 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. 07-2271, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 07-2271: Ordiz-Melby Architects, representing St. Johns Lutheran Church of Bakersfield, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from GC (General Commercial) to LR (Low Density Residential) on 13.37 acres and from HMR (High Medium Density Residential) to LR (Low Density Residential) on 11.80 acres located generally north of Harris Road and east of Buena Vista Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-2271 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. 94-08 on June, 19, 2008, the Planning Commission recommended approval and adoption of General Plan Amendment No. 07-2271 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. 07-2271, 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 as set forth in Resolution No. 94-08, adopted on June 19, 2008: gAKF~ o~ `~ v ORIGINAL 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 GC (General Commercial) to LR (Low Density Residential) on 13.37 acres and from HMR (High Medium Density Residential) to LR (Low Density Residential) on approximately 11.80 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: 1. The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for General Plan Amendment No. 07-2271 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. 07-2271, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located north of Harris Road and east of Buena Vista Road, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. That General Plan Amendment No. 07-2271, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate 2 o~gAKF~~ a v ORI(3{R1~~ resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ---------0 0 0 -------- 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 S: ABSTAIN ABSENT: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, COUNCILMEMBER .(~b11~, COUNCILMEMBER Vl ~1ti1.¢~ COUNCILMEMBER Y1.011SL HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: HANSON, SULLIVAN, SCRIVNER PAMELA A. McCARTH MC CITY CLERK and Ex O cio Clerk of the Council of the City of Bakersfield Exhibit A -Mitigation/Conditions of Approval B -General Plan Amendment Map 3 ~gAKF,~, o s~ > m H r V O ORIGINAL APPROVED JUl 3 0 2008 EXHIBIT A Mitigation/Conditions of Approval '' m ~' r v o ORIGINAL Exhibit A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 07-2271 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 significant cultural impact) 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 significant cultural impact) Traffic Impact Mitigation Measures: 1. 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 impact) 2. 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 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 construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. (Mitigation for potentially significant traffic impact) Page 1 of 3 o``gAKF9~ v p ORIGINAL EXHIBIT A GPA/ZC No. 07-2271 Mitigation/Conditions of Approval Safety Division Conditions: 1. 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. (For public health, safety and welfare) Division of Oil. Gas and Geothermal Resources Conditions: There is one plugged and abandoned oil well within the project boundaries. No structure shall be constructed over or in proximity to the abandoned well location. Section 3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously abandoned well when construction of any structure over or in the proximity of a well could result in a hazard. The cost of reabandonment operations is the responsibility of the owner or developer of the project upon which the structure will be located. If the abandoned well is on the adjacent property or near the common property line, any structures shall be set back sufficiently to allow future access to the well. (For public health, safety and welfare) 2. This well will need to be exposed for inspection and leakage testing prior to construction. If the well isn't located within five feet of latitude 35.312849 and longitude -119.125809 from SW corner 820N 330E in Canfield Ranch, it will need to be surveyed by a licensed land surveyor and the coordinates supplied to the division in NAD 27 Continental US coordinates. Remedial operations may be required. (For public health, safety and welfare) 3 No structures may be constructed within 10 feet of a plugged or abandoned well. On the final site plan and grading plans, clearly show all well locations, and the 10 foot setback line around each ~gAKF9 o s~ ~- m ~ ~ Page 2 of 3 ORIGINAL EXHIBIT A GPA/ZC No. 07-2271 MitigationlConditions of Approval well. Also submit a legible copy of final project maps to the Division of Oil, Gas, and Geothermal Resources. (For public health, safety and welfare) 4. If any other abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial plugging operations may be required. The office of the Division of Oil, Gas and Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334- 3653, shall be contacted to obtain information on the requirements for and approval to perform remedial operations. (For public health, safety and welfare) Biological Resources Mitigation Measures: NOTICE-This project is within an area of documented "known" den sites for the San Joaquin Kit Fox. A kit fox clearance survey is needed prior to approval of a grading plan and anv ground disturbance to determine if kit fox dens exist on the site. The Planning Division is to receive a copy of this clearance survey. This also requires that the applicant provide notice to wildlife agencies at least 5 business days before grading occurs and/or anv found den sites are excavated. Forms and instructions are available at the Planning Division. Please contact Jim Movius at (661) 326-3992 if you have questions concerning this matter. (Metropolitan Bakersfield Habitat Conservation Plan Implementation/Management Agreement Section 4.74 & Bakersfield Municipal Code §15.68.070) (Mitigation for potentially significant biological resource impacfs) The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Planning Department Condition: 1. Access to the east on Ash Hollow Way Street will be provided in a manner to permit access to the existing residential area at the discretion of the church. The exact design is to be approved by both Public Works and Planning Directors. (The intent is to provide some access between the church facilities and the existing neighborhood.) (For orderly development) BM:S:\GPA 2nd 2008\07-2271\PW Conditions\Conditions Ex A-1.doc Page 3 of 3 ORIGINAL p~~AKF9J'-e~ >- m -- r v EXHIBIT B General Plan Amendment Map ~gAKg O a v ORIGINAL-. ~~ ~ ~ ~ ~ u _ _ _ avow aania ago 7b'/Vb b ~ ~ J ~ ~ a ~ 0 w ~ ~ ~~ ~ J Y N ~ a a. J N U //J ~ ~ /~ ~V ~/ ~ Q // ~ \o~// \yy ~ ~ ~~ ~ ~ ~~~ ~ / C9P % ~~ n O ~~~ o o G J ~ ~ ~ z° G ~ ~ ~ ~ ~ a ~ _ z ~ U__G ~ ~~ W ~ ~~ 3 G ~ ~ // ~ r__~ J Z ~ ~ J - ~I ~~ ~ W /% ~ ~ // ~ w > D Y ~ ~ Q ~ Z / % ~ . a . v ~ J , ls J ~/ / ~ / W _ `` ~ ?/ Z ~ Q~ W r ~ V ~ ~ ~~ ~y~/ ~~~ / ~~~~ ~ ~~ r ~ / ~ ~ ~~ { ~~ ~ O 2~ UJ ... C~ U Q r~ -$$! a N O ~ Y ~ ~ ~ C ' l____J o ~ O ~ O S ~ M N = I O ~ ~ J ~ ~ ~ J ./ %~ ~ ~ ~~ J /~, 2 3nlaa / ,. ;~ /, ~ J // ~ //' ~ ~ / ~ ~ ~ J J ~' J J~ /j/ J ~ ~ G /, ~ N ~ ~ 2 ~~ ~ ~ ~ ~~ ?1 ~ ~~~ I ~~( c M F- ~ ~ N ~ ~ Q J Q w Z ~' J Z w a ~gA O ~- ~ J J ORIGINAL CITY OF BAKERSFIELD GENERAL PLAN LAND USE DESIGNATIONS RR Rural Residential LI Light Industrial 2.5 gross acres/dwelling unit SI Service Industrial ER Estate Residential 1 dwelling unit/net acre HI Heavy Industrial SR Suburban Residential - - - - - <_ 4 dwelling units/net acre P Public Facilities SR/LR County: <_ 4 dwelling units/net acre City: ~ 7.26 dwelling units/net acre PS Public/Private Schools LR Low Density Residential PT Public Transportation Corridors <_ 7.26 dwelling units/net acre P-SW Solid Waste Facilities LMR Low Medium Density Residential > 4 units but <_ 10 dwelling units/net acre OS Open Space HMR High Medium Density Residential OS-P Parks and Recreation > 7.26 units but <_ 17.42 dwelling units/net acre OS-S Slopes exceeding 30% HR High Density Residential > 17.42 units but <_ 72.6 dwelling units/net acre R-IA Resource -Intensive Agriculture 20 acre minimum parcel size R-EA Resource -Extensive Agriculture HC Highway Commercial 20 acre minimum parcel size 80 acre min (Williamson Act) GC General Commercial R-MP Resource -Minerals & Petroleum MC Major Commercial 5 acre minimum parcel size OC Office Commercial MUC Mixed Use Commercial General Plan Street Classification Freeways provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. Expressways are arterial highways with partial control of access which may or may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property. Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. ~ 0 ~ '' U KF9 ~~ m v S:\Forms\zone-gp.doc ORIGINAL