HomeMy WebLinkAboutRES NO 203-08RESOLUTION NO. 2 ~ ~ ~ Q g
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN
AMENDMENT NO. 08-1168, AN AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, GENERALLY LOCATED AT THE NORTHEAST
CORNER OF MORNING DRIVE AND PALADINO DRIVE, AND
AN AMENDMENT TO THE SPECIFIC PLAN LINE FOR
MORNING DRIVE.
WHEREAS, Todd Smith of Cannon Associates, representing Trimco, LLC, the property
owners, filed a application requesting a General Plan Amendment, an amendment to the land use
designation 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. 08-1168, 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. 08-1168, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 08-1168:
Todd Smith of Cannon Associates, representing Trimco, LLC, the property owners,
applied to amend the Land Use Element of the Metropolitan Bakersfield General
Plan consisting of a change from R-MP (Resource -Minerals & Petroleum) to LI
(Light Industrial) on approximately 47 acres, and R-MP to HMR (High-Medium
Density Residential) on approximately 14 acres, and a Specific Plan Line
amendment for Morning Drive. The project site is generally located northeast of
Morning Drive and Paladino Drive; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-1168 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. 125-08 on September 18, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 08-1168 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. 08-1168 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: ~` ~ ,,
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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. 125-08 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 Land Use Element of the Metropolitan Bakersfield
General Plan.
e. The land use designation change from R-MP to LI on approximately 47
acres, and R-MP to HMR on approximately 14 acres, and a Specific Plan
Line amendment for Morning Drive to accommodate existing oil-extraction
infrastructure 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. 08-1168 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-
1168, 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
northeast corner of Morning Drive and Paladino Drive, subject to
mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment and Specific Plan Line Amendment for Morning r r~E.,,
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Page 2 of 3 r
Drive No. 08-1168, 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 NOV 1 9 2000 by the
following vote:
AY
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CAR50N, BEI~fHAM, W IE R, COUCH, HANSON, SULLI AV N, SCRIVNER
COUNCILM
COUNCILM
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 1 9 2008
HARVEY L. HALL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
Exhibit A -Mitigation/Conditions of Approval
B -General Plan Amendment Map
C -Specific Plan Line Map
D -Specific Plan Line Legal Description
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EXHIBIT A:
MITIGATION /CONDITIONS OF APPROVAL
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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 08-1168
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 in sensitive 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.
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.
4. Prior to development, California Department of Fish and Game protocol level Blunt Nosed
Leopard Lizard (BNLL) surveys shall be conducted by a qualified biologist to determine in BNLL
are present on the project site. Any evidence shall be reported to the reviewing agencies for
resolution.
Cultural Resources (Mitigation Measures)
5. 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
applicanUdeveloper 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
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Exhibit A
GPA/ZC 08-1168
Mitigation/Conditions of Approval
Page 2 of 4
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.
6. 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 impacts.
Hazards and Hazardous Materials (Mitigation Measures)
7. Prior to recordation of the final map, soil sampling in the vicinity of the former oil well locations
shall be conducted by qualified personnel to determine potential presence of petroleum
hydrocarbons and other chemicals associated with drilling activities; and a remediation plan for
the project site shall be approved by the Prevention Services Director. Mitigation for potentially
significant impacts.
Traffic and Circulation (Mitigation Measures)
8. 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.
9. 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 (Ruettgers & Schuler,
August 2008)
a. The intersection of Morning Drive and Spring Canyon Parkway requires the following
mitigation due to the addition of project generated traffic: Install Signal - 9.98%
proportionate share.
b. The intersection of Fairfax Road and Paladino Drive requires the following mitigation due
to the addition of project generated traffic: 1 EBL', 1 NBT - 1.58% project share.
c. The intersection of Rivani Drive and Paladino Drive requires the following mitigation due
to the addition of project generated traffic: Install Signal - 2.8% project share.
d. The intersection of Morning Drive and Panorama Drive requires the following mitigation
due to the addition of project generated traffic: 1 NBT', 1 EBR', 1 WBT- 6.43% project
share.
N6=Northbound, SB=Southbound, WB=Westbound, E6=Eastbound, L=Left-Turn
Lane, T=Through Lane, R=Right-Turn Lane
' =Striping improvements only
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Exhibit A
GPA/ZC 08-1168
Mitigation/Conditions of Approval
Page 3 of 4
Mitigation for potentially significant impacfs.
Public Works
10. 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 Morning Drive and Paladino Drive arterial standards
and Spring Canyon Parkway 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. 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 exists in Paladino Drive but must be extended to the north and the west
boundaries ofthe GPA/ZC area. The developer shall be responsible for the extension of the
sewer line to serve the properties north and west ofthe GPA/ZC area. This sewer line must
necessarily be sized to serve a much larger area that the project area. The GPA/ZC area is
within the North East Sewer Planned Sewer Area. 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.
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Exhibit A
GPA/ZC 08-1168
Mitigation/Conditions of Approval
Page 4 of 4
f. The developer may request the formation of a Bridge and Major Thoroughfare Area to help
in the reimbursement of a portion of the cost to construct Morning Drive.
For orderly development.
11. 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 industrial 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.
12. 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.
13. 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.
City Attorney Condition
14. 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.
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EXHIBIT B:
GENERAL PLAN MAP
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EXHIBIT C:
SPECIFIC PLAN LINE MAP
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EXHIBIT D:
SPECIFIC PLAN LINE LEGAL DESCRIPTION
LEGAL DESCRIP i :ON
A 110 FOOT WIDE ACCESS AND UTILITY EASEMENT LOCATED IN LOT 4,
AND A PORTION OF LOT 3 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29
EAST, AND A PORTION OF TIIE SOUTHEAST QUARTER OF SECTION 12,
TOWNSHIP 29 SOUTH, RANGE 28 EAST, MOUNT DIABLO MERIDIAN,
COUNTY OF KERN, STATE OF CALIFORNIA, LYING 55.00 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 7, TOWNSHIP 29
SOUTH, RANGE 29.EAST, MOUNT DIABLO MERIDIAN, THENCE SOUTH
00°00'25" WEST A DISTANCE OF 229.78 FEET TO A POINT ON THE WEST LINE
OF SECTION 18, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO
MERIDIAN;
THENCE NORTHERLY, AN ARC DISTANCE OF 287.89 FEET THROUGH A
CENTRAL ANGLE OF 10°59'47" ALONG A CURVE CONCAVE TO THE
SOUTHEAST WITH A RADIUS OF 1500.00 FEET, WHOSE RADIAL BEARS
NORTH 87°41'48" WEST TO A POINT OF INTERSECTION WITH THE NORTH
RIGHT OF WAY OF PALADINO DRIVE, SAID POINT' BEING THE TRUE POINT
OF BEGINNING;
THENCE NORTHERLY, AN ARC DISTANCE OF 1,233.57 FEET THROUGH A
CENTRAL ANGLE OF 47°07'09" ALONG A CURVE CONCAVE TO THE
SOUTHEAST WITH A RADIUS OF 1500.00 FEET, WHOSE RADIAL BEARS
NORTH 76°11'02" WEST;
THENCE NORTH 60°25'08" EAST, A DISTANCE OF 253.31 FEET;
THENCE NORTHEASTERLY, AN ARC DISTANCE OF 407.41 FEET THROUGH A
CENTRAL ANGLE OF 19°27'09" ALONG A CURVE CONCAVE TO THE
SOUTHEAST WITH A RADIUS OF 1200.00 FEET, WHOSE RADIAL BEARS
NORTH 29°34'52" WEST; FROM WHICH POINT RADIAL BEARS THE
NORTHEAST CORNER OF SAID LOT 4 BEARS NORTH 00°26'04" WEST, A
DISTANCE OF 34.91 FEET .
THE SIDELINE OF HEREIN ABOVE DESCRIBED STRIP OF LAND SHALL BE
LENGHTHENED OR SHORTENED TO INTERSECT EACH OTHER AT ANGLE
POINTS AND WHERE SAID SIDELINES INTERSECT APPLICABLE PROPERTY
BOUNDARIES.
SAID PORTION OF LAND CONTAINS 4.78 ACRES MORE OR LESS.
End of description
Prepazed b ~"~
William D. Bates, PE 21871
My License Expires on 09/30/09
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