HomeMy WebLinkAboutRES NO 198-08RESOLUTION NO. ~ 8 '"' ~ g
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN
AMENDMENT NO. 07-1806, AN AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF TAFT HIGHWAY (SR 119) AND
STINE ROAD.
WHEREAS, Scott Underhill and Mark Smith, representing Ashe Road, LLC, the property
owners, filed a application requesting a General Plan Amendment, an amendment to the land use
designation of that certain property being annexed into 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, September
15, 2008, and on Thursday, September 18, 2008, on General Plan Amendment No. 07-1806, notice
of the time and place of hearing having been given at least thirty (30) calendar days before said
September 18, 2008 hearing by publication in The Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, General Plan Amendment No. 07-1806, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1806:
Scott Underhill and Mark Smith, representing Ashe Road, LLC, the property owners,
applied to amend the Land Use Element of the Metropolitan Bakersfield General
Plan consisting of a change from LR (Low Density Residential) to GC (General
Commercial) on 18.53 acres. The project site is generally located at the southwest
corner of Taft Highway (SR 119) and Stine Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1806 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. 119-08 on September 18, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1806 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,
November 19, 2008, on General Plan Amendment No. 07-1806 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.
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2. The Council has considered and concurs with the following findings made by the
Planning Commission asset forth in Resolution No. 119-08 adopted on September
18, 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 LR (Low Density Residential) to GC
(General Commercial) on 18.53 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.
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 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. 07-1806 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-
1806, 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
northwest corner of Taft Highway (SR 119) and Stine Road, subject to
mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 07-1806, 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.
Page 2 of 3
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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 NOV 1 9 2108 by the
following vote:
YE
OES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENh~AM, WEIR, COUCH HAN O , SUL IL VAN, SCR VI NER
COUNCILMEMBER IAlM.1L
COUNCILM
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV
MAYOR of the City of Ba
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: 1~
Exhibit A -Mitigation/Conditions of Approval
B -General Plan Amendment Map
RB:dc - S:\GPA 3rd 2008\07-1806\CC Res 07-1806.doc
Page 3 of 3
EXHIBIT A:
MITIGATION /CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 07-1806
Biological Resources (Mitigation Measures)
1. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for
burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (META) of 1918 (16
U.S.C. 703-711). A copy of the survey shall be provided to the Planning Department priorto ground
disturbance. Survey protocol shall be that recommend by the State Department of Fish and Game.
The burrowing owl is a migratory bird species protected by international treaty under the Migratory
Bird Treaty Act (META) 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 eggs To avoid violation of the take
provisions of these laws generally requires that project-related disturbance at active nesting
territories 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. Mitigation for potentially significant impacts.
2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location
for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation
Plan. Survey protocol shall be that recommend by the State Department of Fish and Game.
Developer shall be subject to the mitigation measures recommended by the consultant. A copy
of the survey shall be provided to the Planning Department priorto ground disturbance.
Mitigation for potentially significant impacts.
Cultural Resources (Mitigation Measures)
3. 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 priorto 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 impacts.
4. 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
Exhibit A
GPA/ZC 07-1806
Mitigation/Conditions of Approval
Page 2 of 6
be notified immediately. Mitigation for potentially significant impacts.
Traffic and Circulation (Mitigation Measures)
5. 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 impacts.
6. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the
proportionate share contributions for the intersection and roadway improvements and mitigation
not covered by the RTIF as identified in the submitted project traffic study (Pinnacle Civil
Engineering, December 2007)
a. The intersection of Stine Road and Panama Lane requires the following mitigation due to
the addition of project generated traffic: add 1 SBT' - 1.34% proportionate share.
b. The intersection of Stine Road and Berkshire Road requires the following mitigation due
to the addition of project generated traffic: 1 WBL - 5.51 % project share.
c. The intersection of Akers Road and Hosking Avenue requires the following mitigation
due to the addition of project generated traffic: 1 NBT, 1 SBT - 1.54% project share
d. The intersection of Ashe Road and McKee Road requires the following mitigation due to
the addition of project generated traffic: 1 NBR, 1 SBL- 2.51 % project share.
e. The intersection of Stine Road and McKee Raod requires the following mitigation due to
the addition of project generated traffic: 2EBL', 1 EBT', 2WBL, 1 WBT- 11.31 % project
share.
f. The intersection of Gossford Road and Taft Highway (SR 119) requires the following
mitigation due to the addition of project generated traffic: 1 NBL, 1 NBT- 1.48% project
share.
g. The intersection of Ashe Road and Taft Highway (SR 119) requires the following
mitigation due to the addition of project generated traffic: 2NBL, 1 NBR - 4.71 % project
share.
h. The intersection of Stine Road and Taft Highway (SR 119) requires the following
mitigation due to the addition of project generated traffic: 2NBL, 1 NBT - 18.31 % project
share.
The intersection of Akers Road and Taft Highway (SR119) requires the following
mitigation due to the addition of project generated traffic: 1 NBL - 5.28% project share.
j. The intersection of Wible Road and Taft Highway (SR 119) requires the following
mitigation due to the addition of project generated traffic: 2NBL, 1 NBT, 1 NBR - 2.63%
project share.
Exhibit A
GPA/ZC 07-1806
Mitigation/Conditions of Approval
Page 3 of 6
k. The intersection of South H Street and Taft Highway (SR 119) requires the following
mitigation due to the addition of project generated traffic: 1 NBL, 1 NBT - 1.66% project
share.
I. The intersection of Stine Road and Romero Road requires the following mitigation due to
the addition of project generated traffic: Install Signal, 1 EBL, 1 NBL, 1 SBL - 5.82%
project share.
m. The intersection of Stine Road and Engle Road requires the following mitigation due to
the addition of project generated traffic: Install Signal, 1 EBL, 1 NBL, 1 SBL - 3.85%
project share.
n. The road segment of McKee Road between Stine Road and Wible Road requires the
following mitigation due to the addition of project generated traffic: Add 2 lanes - 3.86%
project share.
N6=Northbound, SB=Southbound, WB=Westbound, E6=Eastbound, L=Left-Turn
Lane, T=Through Lane, R=Right-Turn Lane
= Striping improvements only
Mitigation for potentially significant impacts.
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 Stine Road to arterial standards and for Taft Highway
(SR 119) to CalTrans' 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 too small to support it's 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.
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. This area is within
the Curnow Road Planned Sewer Area; any sewer facilities must conform to the PSA. The
City is willing to enter into an agreement with the developer for facilities constructed per the
Exhibit A
GPA/ZC 07-1806
Mitigation/Conditions of Approval
Page 4 of 6
Curnow PSA 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.
For orderly development.
8. Taft Highway is an expressway; no access will be allowed onto Taft Highway except at the arterial
and collector intersections. If, however, the commercial property constructs an auxiliary lane for the
full frontage of the GPA request, access to Taft Highway can be allowed and will be limited to right-
in, right out only. For orderly development.
9. 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.
10. 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.
11. 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.
12. The Taft Highway crossing of the Farmer's Canal needs widening: the Mountain Ridge Drive
crossing of the Farmer's Canal needs to be constructed. Developer shall pay their proportionate
share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for
the widening of the crossings. For orderly development.
13. If it becomes necessary to obtain any offsite with of way and if the developer is unable to obtain the
required right of way, then he shall pay the City the up-front costs for eminent domain proceedings .,- .
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Exhibit A
GPA/ZC 07-1806
Mitigation/Conditions of Approval
Page 5 of 6
and enter into an agreement and post security for the purchase and improvement of said right of
way. For orderly development.
14. No left turns in or out shall be permitted to Taft Highway (SR 119), if right turns are permitted, a
fourth auxiliary lane is required along the entire frontage. For orderly development.
15. Pay the standard commercial fees, computed per policy, as adopted at time of development. For
orderly development.
16. Form a bridge and major thoroughfare district for the crossing of the Hirshfield Ditch and pay the
proportional share. For orderly development.
Planning
17. In accordance with General Plan land use policy 30.B, a street shall be constructed along the south
property line of the subject property to provide a transition and connectivity to future adjacent
development. Such access shall occur from Stine Road; and street and intersection designs shall
be approved by the City of Bakersfield Public Works Department. For orderly development.
18. Prior to recordation of Tract 6813, the applicant shall submit an application for and obtain approval
of a revised tentative tract reflecting the approved general plan amendment and zone change. For
orderly development.
19. Access to the site from Taft Highway (SR 119) is underthejurisdiction of the California Department
of Transportation (CalTrans). Access to the project site from Taft Highway shall be approved by
CalTrans prior to approval of a Preliminary Development Plan. For orderly development.
City Attorney
20. 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,
shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and
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Exhibit A
GPA/ZC 07-1806
Mitigation/Conditions of Approval
Page 6 of 6
expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by
another entity or party.
RB:\\S:\GPA 3rd 2008\07-1806\Res Ord\Exhibit A-1 (1).doc
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EXHIBIT B:
GENERAL PLAN AMENDMENT MAP
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