HomeMy WebLinkAboutRES NO 202-08RESOLUTION NO. Z O 2 "' O 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN
AMENDMENT NO. 08-1128, ADOPTING THE AMENDMENT TO
THE CIRCULATION ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN AND SPECIFIC PLAN LINE
AMENDMENT TO REALIGN ALLEN ROAD SOUTH OF
SEVENTH STANDARD ROAD, AND ETCHART ROAD EAST OF
ALLEN ROAD ON THE CIRCULATION MAP.
WHEREAS, Maurice Etchechury of Summit Engineering, on behalf of M&S Land Company,
LLC, filed a application requesting a General Plan Amendment, an amendment to the Circulation
Element and Specific Plan Lines of that certain property in 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. 08-1128, notice
of the time and place of hearing having been given at least twenty (20) 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. 08-1128, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 08-1128:
Maurice Etchechury of Summit Engineering, on behalf of M&S Land Company, LLC,
has applied for an amendment to the Circulation Element of the Metropolitan
Bakersfield General Plan and Specific Plan Line amendment forAllen Road south of
Seventh Standard Road, and Etchart Road east of Allen Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment and Specific Plan
Line Amendment No. 08-1128 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. 121-08 on September 18, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 08-1128, and Specific Plan
Line amendments for Allen Road and Etchart Road, 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. 08-1128 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 as set forth in Resolution No. 121-08 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 practices justify the
amendment to the Circulation Element of the Metropolitan Bakersfield
General Plan.
e. The Specific Plan Line amendment for Allen Road south of Seventh
Standard Road, and Etchart Road east of Allen Road 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. 08-1128 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 and Specific Line
Amendment No. 08-1128, constituting changes as shown on the map marked Exhibit
"B", attached hereto and incorporated as though fully set forth for Allen Road south
of Seventh Standard Road, and Etchart Road east of Allen Road, subject to
mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment and Specific Plan Line Amendment for Allen and
Etchart Roads No. 08-1128, 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 pass~d~ 1 ~c~4~ted by the Council of the
City of Bakersfield at a regular meeting thereof held on 00 LZU 66 by the
following vote:
H~ COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
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CAR ON, BENHAM, W IR, COUCH, HANSON, SULLIVAN, SCRIVNER
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio C erk of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: .
Exhibit A -Mitigation/Conditions of Approval
B -Circulation Element/Specific Plan Line Map
C -Specific Plan Line Legal Description
RB:dc - S:\GPA 3rd 2008\08-1128\Res Ord\CC Res 08-1128.doc
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APPROVED NOV 1 9 2008
EXHIBIT A:
MITIGATION /CONDITIONS OF APPROVAL
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MitigationlConditions of Approval
General Plan Amendment/Zone Change 08-1128
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 (MBTA) of 1918 (16
U.S.C. 703-711). A copy of the survey shall be provided to the Planning Department prior to 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 (MBTA) 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. Although no evidence of the kit fox was found on the project site, since they are known to exist in the
general area all construction personnel be trained insensitive species identification and avoidance
techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of
construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies
for resolution. Mitigation for potentially significant impacts.
3. A preconstruction clearance survey shall be conducted within 30 days of initial ground
disturbance in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be
monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP,
CDFG, and USFWS. Mitigation for potentially significant impacts.
Cultural Resources (Mitigation Measures)
4. 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 impacts.
5. If human remains are discovered during grading or construction activities, work would cease
Exhibit A
GPA/ZC 08-1128
Mitigation/Conditions of Approval
Page 2 of 2
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 impacts.
Deoartment of Conservation Conditions
6. Prior to approval of a tentative tract or approval of road improvement plans, the applicant shall
accurately plot all wells on plans and shall provide written confirmation from the Department of
Conservation Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director
stating that all oil wells are accurately depicted on the proposed tentative tract or road improvement
plans. Police power to preserve public health, safety and welfare.
7. All documented wells on the proposed road alignment shall be leak tested and abandoned to the
satisfaction of the Department of Conservation Division of Oil, Gas and Geothermal Resources
(DOGGR). Written confirmation of this action from DOGGR shall be provided to the Planning
Director prior to recordation of the Final Map or approval of road improvement plans. Police powerto
preserve public health, safety, and welfare.
City Attorney Condition
8. 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
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\08-1128\Res Ord\Exhibit A-1 (1).doc
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EXHIBIT B:
CIRCULATION ELEMENT /SPECIFIC PLAN LINE MAP
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EXHIBIT C:
SPECIFIC PLAN LINE LEGAL DESCRIPTION
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LEGAL DESCRIPTION
ALLEN ROAD SPECIFIC PLAN LINE
BEING THE PROPOSED CENTERLINE OF ALLEN ROAD IN SECTION 1, TOWNSHIP 29 SOUTH,
RANGE 26 EAST, M.D.B.B~ M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE SOUTH 89°51'47"
EAST ALONG THE NORTH LINE OF SAID SECTION, A DISTANCE OF 504.72 FEET TO THE TRUE
POINT OF BEGINNING;
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THENCE SOUTH 00 0813 WEST, A DISTANCE OF 636.44 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1000.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°34'14", AN ARC
DISTANCE OF 481.20 FEET;
THENCE SOUTH 27°42'27" WEST, A DISTANCE OF 492.88 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°35'58", AN ARC
DISTANCE OF 551.51 FEET;
THENCE SOUTH 03°53'31" EAST, A DISTANCE OF 334.98 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1000.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°57'28", AN ARC
DISTANCE OF 69.08 FEET;
THENCE SOUTH 00°03'58" WEST, A DISTANCE OF 654.44 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1000.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°51'41", AN ARC
DISTANCE OF 189.57 FEET;
THENCE SOUTH 10°55'39" WEST, A DISTANCE OF 207.50 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1000.00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°51'41", AN ARC
DISTANCE OF 189.57 FEET;
THENCE SOUTH 00°03'58" WEST, A DISTANCE OF 1582.00 FEET TO THE SOUTHWEST CORNER
OF SAID SECTION 1, ALSO BEING THE TERMINANCE OF SAID LINE.
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LEGAL DESCRIPTION
ETCHART ROAD SPECIFIC PLAN LINE
BEING THE PROPOSED CENTERLINE OF ETCHART ROAD IN SECTION 1, TOWNSHIP 29 SOUTH,
RANGE 26 EAST, M.D.B.& M., MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 1; THENCE SOUTH 89°53'51"
EAST ALONG THE MID-SECTION LINE OF SAID SECTION, A DISTANCE OF 74.93;
THENCE SOUTH 00°03'58" WEST, A DISTANCE OF 125.86 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89°53'13" EAST, A DISTANCE OF 291.07 FEET; TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1000.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°16'41", AN ARC
DISTANCE OF 196.84 FEET;
THENCE NORTH 78°50'05" EAST, A DISTANCE OF 200.37 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1000.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°16'41", AN ARC
DISTANCE OF 196.84 FEET;
THENCE SOUTH 89°53'13" EAST, A DISTANCE OF 786.34 FEET; TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1000.00 FEET;
THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°02'34", AN ARC
DISTANCE OF 140.37 FEET;
THENCE NORTH 82°04'13" EAST, A DISTANCE OF 9.91 FEET TO A POINT OF INTERSECTION
WITH THE SPECIFIC PLAN LINE OF ETCHART ROAD PER RESOLUTION NO. 048-06 DATED
FEBRUARY 8, 2006, ALSO BEING THE TERMINANCE OF SAID LINE.
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LINE TABLE
LINE LENGTH BEARING
L1 74.93 S89°53'51"E
L2 125.86 S00°03'58"W
L3 291.07 S89°53'13"E
L4 200.37 N78°50'05"E
L5 786.34 S89°53'13"E
L6 9.91 N82°04'13"E
S.E. COR PAR 1
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ETCHART RDAD
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C 1 196.84 1000.00 11 ° 16'41"
C2 196.84 1000.00 11 ° 16'41 "
C3 140.37 1000.00 08°02'34"
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