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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. ~',.: '~~~ ~..1 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 ------- -000-------- 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 °;~, ,, -, ~, 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 .,- . ~, 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 ,~~ ~.k, -~~~ ,;. -_ ~-; r- U O ~'lll~ (1.1.1.i_ 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. 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