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Home My WebLink AboutRES NO 017-09RESOLUTION NO. O i ~ `- ~ 9 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, DENYING THE APPEAL, AND APPROVING GENERAL PLAN AMENDMENT NO. 08-1238, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM OS-P (PARKS AND RECREATION FACILITIES) TO MUC (MIXED USE COMMERCIAL) ON 2.5 ACRES, GENERALLY LOCATED EAST OF THE KERN ISLAND CANAL BETWEEN 19TH STREET AND 21ST STREET. (WARD 2) WHEREAS, the City of Bakersfield 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, December 15, 2008, and on Thursday, December 18, 2008, on General Plan Amendment No. 08-1238, 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. 08-1238, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 08-1238: The City of Bakersfield, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from OS-P (Parks and Recreation Facilities) to MUC (Mixed Use Commercial) on 2.5 acres. The project is generally located east of the Kern Island Canal between 19th Street and 21St Street in Downtown Bakersfield; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-1238 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. 152-08 on December 18, 2008, the Planning Commission recommended approval of General Plan Amendment No. 08-1238 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 approve the requested MUC (Mixed Use Commercial) land use designation was submitted by Mr. Edwin Wilson with Edwin W. Wilson, Inc. Professional Law Corporation; and WHEREAS, staff responded to the appeal submitted by Mr. Edwin Wilson with Edwin W. Wilson, Inc. Professional Law Corporation; 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, February 11, 2009, on General Plan Amendment No. 08-1238, 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 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 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 asset forth in Resolution No. 152-08, adopted on December 18, 2008: a. All required public notices have been provided. b. The provisions of CEQA have been met. c. Based upon the Initial Study, comments received, and responses thereto 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 do justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan to MUC (Mixed Use Commercial). e. The change to the land use designation from OS-P (Parks and Recreational Facilities) to MUC (Mixed Use Commercial) on 2.5 acres is compatible with the land use designation 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 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: The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 08-1238 is hereby 2 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 denies the appeal. 5. The City Council hereby approves and adopts General Plan Amendment No. 08-1238, constituting changes as shown on the map marked Exhibit "B", subject to mitigation/conditions in Exhibit "A" attached hereto and incorporated as though fully set forth, for property generally located east of the Kern Island Canal between 19the Street and 21St Street in Downtown Bakersfield. ------- -000-------- 3 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 February 11, 2009 by the following vote: AYES: COUNCILMEMBER 6~tR691d~, BENHAM, WEIR, 6A~J6}}, N,gid66y, SULZIVAN, SCRIVNER NOES: COUNCILMEMBER V1~UT~-~- ABSTAIN: COUNCILMEMBER VLQlti-2- ABSENT: COUNCILMEMBER~ (t,Q,1~~10Yt ~~~ ~L1iy~~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Jerk of the Council of the City of Bakersfield APPROVED 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 -General Plan Amendment Map JS - S:\GPA 4th 2008\08-1238 (GSA Courthouse)\Resolutions\CC GPA Resolution.08-1238.Approval.doc 4 Exhibit A Mitigation/Conditions of Approval EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 08-1238 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resource Mitigation Measures 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 resource impacts. 2. 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 cultural resource impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works 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. Submit a drainage study of the entire GPA/ZC area showing pre- and post-development flows and the disposal method, to be reviewed and approved by the City Engineer. The City's policy is to allow no more than one publicly maintained sump per 80 acres; this GPA/ZC area is too small to support its own storm drainage sump. Therefore, this GPA/ZC area must be included within the drainage area of adjoining property, or the additional run-off generated by development of this site must be retained on site in a privately maintained drainage facility. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. If necessary, 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 th,e'. ~ `.' -, Page 1 of 3 ~ , , EXHIBIT A GPA/ZC No. 08-1238 MitigationlConditions of Approval City Engineer. Any required publicly maintained retention site and necessary easements shall be dedicated to the City. For orderly development b. If a new sump is proposed, 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. For orderly development 2. 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. The amount of the fee may be subject to the annual increase per the Construction Cost Index, as approved by the City Engineer. 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 3. 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 4. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. For orderly development City Attorney 7. 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 Page 2 of 3 EXHIBIT A GPA/ZC No. 08-1238 Mitigation/Conditions of Approval 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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