HomeMy WebLinkAboutRES NO 096-09
RESOLUTION NO. 0 9 6- 0 9
RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO.
09-0060, AN AMENDMENT TO THE CIRCULATION ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN.
WHEREAS, the City of Bakersfield is requesting a General Plan Amendment to change the
Circulation Element 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, June 15,
2009, and THURSDAY, June 18, 2009, on General Plan Amendment 09-0060 of the proposed
amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, notice of the time
and place of public hearing having been given at least ten (10) calendar days before said hearing by
publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment 09-0060, an amendment to the Circulation Element of
the Metropolitan Bakersfield General Plan, is as follows:
GENERAL PLAN AMENDMENT NO. 09-0060:
Amend the Circulation Element of the Metropolitan Bakersfield General Plan as shown in Exhibit
B, consisting of changing the road designation of Hageman Road from a collector to an arterial
between Landco Drive and State Highway 99/Golden State Avenue (SR 204). The future
bikeway route along Hageman Road between Knudsen Drive and State Highway 99/Golden
State Avenue (SR 204) will be removed. In addition, this project will revise the alignment of
Standard Street (collector) from its current diagonal alignment intersecting with Landco Drive
and Hageman Road, to a horizontal (east-west) alignment from Atlas Court and intersecting with
Landco Drive one quarter mile south of Hageman Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 09-0060 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. 31-09 on June 18, 2009, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 09-0060 subject to the
"Mitigation Measures/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 has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 31-09, adopted on June 18, 2009:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. 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. 4gAKeg,
4. The public necessity, general welfare and good planning practices justify the M
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amendment to the Circulation Element of the Metropolitan Bakersfield General Plan.
5. The Circulation Element amendment to re-classify and realign roadways is compatible
with the land use designations of surrounding properties and is internally consistent with
the Metropolitan Bakersfield General Plan.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals and findings incorporated herein by reference are true and correct
and constitute the Findings of the City Council in this matter.
2. 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.
3. That General Plan Amendment No. 09-0060, consisting of an amendment to the
Circulation Element of the Metropolitan Bakersfield General Plan is hereby approved as
recommended by the Planning Commission and shown on the General Plan
Amendment Map in Exhibit B, subject to the Mitigation Measures/Conditions of Approval
for the project as shown in Exhibit A.
4. That General Plan Amendment No. 09-0060, 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,rreegular meeting thereof held on August 19, 2009 by the following vote:
AYE COUNCILMEMBER CARSON'xPjJ E12 WE R COUCH, HANSON SULLIVAN _
ES: : COUNCILMEMBER
ABSTAIN: COUNCILMEMBER y%-0V-k1
ABSENT: COUNCILMEMBER L~eAh&*\
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio CI k of the
Council of the City of Bakersfield
APPROVED AUG j Foos,
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
EXHIBIT A Mitigation Measures/Conditions of Approval
B General Plan Amendment Location Maps
CG - S:\GPA 2nd 2009\09-0060 Circ - Hageman Rd\Reso Ord= GPA.doc
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Exhibit A
Mitigation Measures/Conditions of Approval
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Exhibit A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 09-0060
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality Mitigation Measures
1. The proposed project will have air pollutant emissions associated with the construction and use of
the roadways. Prior to grading plan approval, the applicant/developer of the project site shall
submit documentation to the Planning Department that they will/have met all air quality control
measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for
potentially significant air quality impact.
Biological Impact Mitigation Measures
2. 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). 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 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
resource impact.
3. 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 prior to ground disturbance.
The current MBHCP expires in year 2014. Projects may be issued an urban development permit,
grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the
current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an
urban development permit, grading plan approval or building permit) before the 2014 expiration
date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of
MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is
governed by the terms of the MBHCP. Urban development permits issued after the 2014
expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be
required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California
Fish and Game Department. Mitigation for potentially significant biological resource impact.
4. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for gpKF
blunt nose leopard lizard. Survey protocol shall be that recommend by the State Department of 4
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EXHIBIT A
GPA/ZC No. 09-0060
Mitigation/Conditions of Approval
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 resource impact.
Cultural Impact Mitigation Measures
5. 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 Resource 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 impact
6. Prior to ground-disturbance activities associated with this project, personnel associates 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 impact.
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.
a. 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.
b. The City will promptly notify Applicant of any such claim, action or proceeding, 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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