HomeMy WebLinkAboutRES NO 206-08RESOLUTION NO. Z O 6 "
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION, APPROVING THE APPEAL, AND APPROVING THE
GENERAL PLAN AMENDMENT NO. 08-0726, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN FROM LR (LOW DENSITY RESIDENTIAL) TO HMR
(HIGH MEDIUM DENSITY RESIDENTIAL) ON 8.14 ACRES,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
MONITOR STREET AND HOSKING AVENUE. (WARD 7)
WHEREAS, McIntosh and Associates for Trend Capital Group, filed an application requesting a
General Plan Amendment, to change the land use designation of that certain property within 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 29,
2008, and on Thursday, October 2, 2008, on General Plan Amendment No. 08-0726, 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. 08-0726, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 08-0726:
McIntosh and Associates for Trend Capital Group, applied to amend the Land Use Element
of the Metropolitan Bakersfield General Plan consisting of a change from LR (Low Density
Residential) to HR (High Density Residential) on 8.14-acres. The project is generally located
on the northeast corner of Monitor Street and Hosking Avenue; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-0726 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. 129-08 on October 2, 2008, the Planning Commission
recommended denial of General Plan Amendment No. 08-0726 and this City Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution and as
restated herein; and
WHEREAS, an appeal of the Planning Commission's decision to deny the requested HR (High
Density Residential) land use designation was submitted by Roger McIntosh of McIntosh and
Associates, representative of the applicant; 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. 08-0726, 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
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WHEREAS, on Wednesday, November 19, 2008, the Council after considering the comments of
staff, the applicant, and those who wished to speak, evaluated the proposal and subsequent relevant
information; and
WHEREAS, the law and regulations relating to the preparation and of Negative Declarations as
set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield's CEQA Implementation
Procedures have been duly followed by city staff, the Planning Commission and this Council; and
WHEREAS, the applicant submitted a Traffic Impact Analysis and Cultural Analysis; and
WHEREAS, the above studies concluded that the proposed project could not have a significant
impact; with proposed mitigation measures; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. 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. 129-08, adopted on October 2,
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 applicant has appealed the decision of the Planning Commission.
e. The City Council has approved and adopted similar land use designations
recently east of the project site.
The public necessity, general welfare and good planning practices do justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan to HMR (High Medium Density Residential). This is a lesser density than
originally requested by the applicant.
g. The change to the land use designation from LR (Low Density Residential) to
HMR (High Medium Density Residential) on 8.14-acres is compatible with the
land use designation of surrounding properties and is internally consistent with
the Metropolitan Bakersfield General Plan.
h. 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.
The density of the project is not out of character with the planned and existing
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uses in the immediate area.
3. That the infrastructure does exist 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 the General Plan Amendment No. 08-0726 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.
4. The City Council hereby approves the appeal
5. The City Council hereby approves and adopts General Plan Amendment No. 08-0726,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the northeast
corner of Monitor Street and Hosking Avenue.
6. The City Council approves an HMR (High Medium Density Residential) land use which
permits approximately 50% of the number of residential units as the original request to
HR (High Density Residential).
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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 November 19, 2008 by the following vote:
YES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER V1~l~L.e_
ABSTAIN: COUNCILMEMBER ~~-
ABSENT: COUNCILMEMBER ~-
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C erk of the
Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A -Mitigation/Conditions of Approval
B -General Plan Amendment Map
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APPROVED NOV 1 9 2008
Exhibit A
Mitigation/Conditions of Approval
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Mitigation/Conditions of Approval
General Plan AmendmentlZone Change 08-0726
Biological Resources
Prior to ground disturbance, the developer/subdivider 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). Survey protocol shall be that recommend by the State Department of
Fish and Game. Developer/subdivider shall be subject to the mitigation measures recommended by
the consultant. A copy of the survey shall be provided to the Planning Department prior to ground
disturbance.
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 biological impacts.
2. Prior to ground disturbance, the subdivider 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 recommended by the State Department of Fish and Game. Subdivider
shall be subject to the mitigation measures recommended by the consultant. A copy of the survey
shall be provided to the Planning Department prior to ground disturbance. Mitigation for potentially
significant biological 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
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
potentially significant cultural 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
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Exhibit A
GPA/ZC 08-0726
Mitigation/Conditions of Approval
Page 2 of 4
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 potential/y significant cultural 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 not covered by the
RTIF as identified in Table 6 and 8 of the project Traffic Study (McIntosh and Associates, July
2008). Mitigation for potentially significant impacts.
Public Works
8. 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 Hosking Avenue to arterial 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. For orderly development.
b. This GPA/ZC area is currently within the Golden Valley Planned Drainage Area. The
developer shall revise Golden Valley Planned Drainage Area to reflect the change in zone
and verify that the existing facilities are sized sufficiently to handle any additional flows. If
any facilities are now too small to handle the increase drainage from the GPA/ZC area, this
developer shall be responsible for the upsizing the facilities. The developer shall pay the
Golden Valley Planned Drainage Area fee of $5223 per acre. For orderly development.
c. 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. For orderly development.
d. Developer is responsible for the construction of all infrastructures, both public and private,
for the parcel. 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 infrastructures will be
addressed at the site plan review stage. For orderly development.
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Exhibit A
GPA/ZC 08-0726
Mitigation/Conditions of Approval
Page 3 of 4
9. 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.
10. Payment of median fees 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.
11. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the
amount of $2487 for residential dwelling 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. For orderly development
12. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program.
For orderly development.
13. Local Mitigation
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor included with normal development improvements) as indicated in
Tables 6 and 8 of the traffic study. An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate
shares from the study as follows:
1. Panama Ln and South "H" St., Add 1 EBL, 1 WBT, 1 NBL, 1 SBL, 1 SBR, 1.00% share
2. Panama Ln and Monitor St, Restripe 1 NBL, 1.87 % share
3. Panama Ln and South Union Ave, Restripe 2 EBL, add 1 EBT, 0.76% share
4. Berkshire Rd and Monitor St, Restripe 1 NBT, 3.30% share
5. Taft Hwy/SR 119 and SR 99 SB Offramp/Compagnoni St, Restripe 1 SBT to 1 SBLT, 0.13%
share
Notes: NB -north bound, SB -south bound, WB -west bound, EB -east bound
L -Left turn lane, T -Through lane, R -Right turn lane, 'Striping only
Regional Transportation Impact Fee
Pay the standard residential fees, computed per policy, as adopted at time of development
Access
14. The applicant shall provide stub out street access to this project site from Monitor Street, which will
allow future access to residential zoned property east of the project site. Said vehicular access shall
be approved by the Planning Director and Public Works Director prior to future approvals for the
site. For orderly development and General Plan Land Use Element Policy 30.8.
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Exhibit A
GPA/ZC 08-0726
Mitigation/Conditions of Approval
Page 4 of 4
City Attorney Condition
15. 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 Amendment Map
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