HomeMy WebLinkAboutRES NO 100-09
RESOLUTION NO. 1 0 0 0 9
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN
AMENDMENT NO. 09-0023, AN AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, GENERALLY LOCATED AT THE NORTHEAST
CORNER OF ROSEDALE HIGHWAY AND VERDUGO LANE.
WHEREAS, Luis Hinojosa, Designed Images, for Rosedale-Verdugo LLC, filed a application
requesting a General Plan Amendment, an amendment to the land use designation of that certain
property being annexed to 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 on Thursday, June 18, 2009, on General Plan Amendment No. 09-0023, notice of the
time and place of hearing having been given at least thirty (30) calendar days before said June 15,
2009 hearing by publication in The Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, General Plan Amendment No. 09-0023, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 09-0023:
Luis Hinojosa, Designed Images, for Rosedale-Verdugo LLC, applied to amend the
Land Use Element of the Metropolitan Bakersfield General Plan consisting of a
change from LMR/LR (Low Medium Density Residential/Low Density Residential) to
OC (Office Commercial), and GC (General Commercial) on 15.16 acres. The project
site is generally located northeast of Rosedale Highway and Verdugo Lane; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 09-0023 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. 35-09 on June 18, 2009, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 09-0023 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,
August 19, 2009, on General Plan Amendment No. 09-0023 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 City Council continued the public hearing to the September 9, 2009, regular
meeting; and
WHEREAS, the City of Bakersfield and the County of Kern were recently served with a
lawsuit by the local Home Builders Association of Kern County seeking, among other things, a court e NKF
determination that the Regional Transportation Impact Fee adopted jointly by the City and the`` 9
County be declared invalid and void (RTIF Lawsuit); and
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WHEREAS, the City of Bakersfield has notified the applicant of the following due to the RTIF
Lawsuit:
1. The applicant and/or owner is proceeding at its own risk; and
2. That the applicant and/or owner acknowledges its duty to defend and indemnify the
City of Bakersfield as required under our Municipal Code and conditions of approval
if the City is challenged; and
3. That the City reserves the right, if a project is subject to a lawsuit, to request a
continuance/delay of the adjudication of such lawsuit until resolution of the RTIF
lawsuit.
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. 35-09 adopted on June 18,
2009:
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
proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan.
e. The land use designation change from LMR/LR (Low Medium Density
Residential/Low Density Residential) to OC (Office Commercial) and GC
(General Commercial) on 15.16 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
f. 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:
1. The above recitals and findings incorporated herein are true and correct. o~~AK~9s
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2. The Negative Declaration for the General Plan Amendment No. 09-0023 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. 09-
0023, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property being annexed
generally located at the northeast corner of Rosedale Highway and Verdugo Lane,
subject to mitigation/conditions of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 09-0023, 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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Page 3 of 4 ORIGINAL
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 SEP 0 9 2009 by the
following vote:
AYES' COUNCILMEMBER CARSON, BEPNAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER dAW9.
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER 13
Am &Cii~7
PAMELA A. MCCARTHY, C
CITY CLERK and Ex Offic' Clerk of the
Council of the City of Bakersfield
APPROVED SEP 0 9 2009
14MMA -A
HHARVLFY' 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
DL:\S:\GPA 2nd 2009\09-0023\Res-Ord\CC Res 09-0023.doc
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Page 4 of 4 ORIGINAL
EXHIBIT A
MITIGATION / CONDITIONS OF APPROVAL
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 09-0023
1. Preliminary development plans shall delineate for construction of a street/driveway between the
office commercial area and the retail commercial area to the satisfaction of the Public Works and
Planning Directors. The entire project area shall be designed as an integrated development with
sensitivity for pedestrian access between uses and the general plan/zoning classifications. For
orderly development.
Air Quality
2. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. 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. For
potentially significant air quality impacts.
Biological Resources
3. 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. For
potentially significant biological resource impacts.
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 nepartment 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. For potentially significant biological resource impacts.
4. 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. For potentially significant
biological resource impacts.
5. Prior to development, all pipes, culverts, or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise
covered, shall be inspected prior to burial or closure to ensure no kit fox or other protected species
become entrapped. Escape ramps shall be provided for any trenches or ditches left open duri g F9
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Exhibit A
GPA/ZC 09-0023
Mitigation/Conditions of Approval
Page 2 of 6
construction and deeper than two and one half feet. Closed trash containers shall be located on site
during construction and all trash or other food waste be placed in designated containers. For
potentially significant biological resource impacts.
Cultural Resources
6. 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. All construction personnel shall be informed through a
"tailgate" session 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. For potentially significant cultural resource impacts.
7. 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. For potentially significant cultural resource impacts.
8. If unrecorded cultural resources are located during development of the site, work must halt in the
vicinity and the finds must be assessed by a qualified archaeologist. For potentially significant
cultural resource impacts.
Division of Oil Gas and Geothermal Resources Conditions:
9. According to the Division of Oil, Gas, and Geothermal Resources there is one plugged and
abandoned oil well within the project boundaries. With submittal of preliminary development plans,
the developer shall delineate the plugged and abandoned oil well. No structure shall be constructed
over or in proximity to the abandoned well location. Section 3208.1 of the Public Resources Code
authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously abandoned
well when construction of any structure over or in the proximity of a well could result in a hazard.
The cost of reabandonment operations is the responsibility of the owner or developer of the project
upon which the structure will be located. If the abandoned well is on the adjacent property or near
the common property line, any structures shall be set back sufficiently to allow future access to the
well. For public health, safety and welfare.
10. Prior to construction in the vicinity (within 50 feet) of the plugged and abandoned oil well, the oil well
shall be exposed for inspection and leakage testing by the Division of Oil, Gas and Geothermal
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Exhibit A
GPA/ZC 09-0023
Mitigation/Conditions of Approval
Page 3 of 6
Resources Department. The well location being described as latitude 35.385784 al id longitude -
119.116554 from SE corner 800N 2300W in Fruitvale oil field NAD 27 Continental US coordinates.
For public health, safety and welfare.
11. No structures may be constructed within 10 feet of a plugged or abandoned well. With submittal of
preliminary development plans, the developer shall delineate the plugged and abandoned oil well
and the 10-foot setback line around the well. Also submit a legible copy of final project maps to the
Division of Oil, Gas, and Geothermal Resources. For public health, safety and welfare.
12. If this or any other abandoned or unrecorded well is uncovered or damaged during excavation or
grading, remedial plugging operations may be required. The office of the Division of Oil, Gas and
Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334-
3653, shall be contacted to obtain information on the requirements for and approval to perform
remedial operations. For public health, safety and welfare.
Public Works
13. 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 Verdugo Lane to City of Bakersfield collector standards for
the full frontage of the area within the GPA request. 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. Provide fully executed dedication for Rosedale
Highway (SR 58) to Cal-Trans arterial standards for the full frontage of the area within the GPA
request. Provide copies of the recorded Cal-Trans dedications. Dedications shall include
sufficient widths for expanded intersections and additional areas for landscaping as directed by
the City Engineer and/or Cal-Trans. For orderly development.
b. This GPA/ZC area is too small to support its 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. Fororderly
development.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for
the initial extension of the sewer line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is willing to aid the developer in
the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism
for the reimbursement of oversizing costs to the developer. For orderly development.
d. In order to preserve the permeability of the sump and to prevent the introduction of sediments
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from construction or from storm events, all retention and detention basins (sumps) shall have
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Exhibit A
GPA/ZC 09-0023
Mitigation/Conditions of Approval
Page 4 of 6
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.
e. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and
required offsite roadway improvements to be reviewed and approved by the City Engineer. For
orderly development.
f. 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 by the City Engineer and/or CalTrans.
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. For orderly development.
g. 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. 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
h. 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. Fororderly
development.
i. 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.
Local litigation
14. 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 7 & 8 of the traffic study. An updated estimate, based upon current costs, and fee schedule
shall be developed by the applicant and approved prior to recordation of a map or issuance of a
building pen-nit. Proportionate shares from the study as follows:
1. Jewetta Ave & Hageman Rd, Add 1 EBL, 5.33% share
2. Verdugo Ln & Hageman Rd, 1 EBL', 1 EBT', 1WBT1, 5.38% share
3. Calloway Dr & Hageman Rd, 1 NBT', 1 SBT', 1.86% share
4. Jewetta Ave & Meacham Rd, 1 NBL, 17.01% share
5. Verdugo Ln & Meacham Rd, 1 EBL', 1 WBL', 1 NBL, 46.03% share ~gPKF9
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Exhibit A
GPA/ZC 09-0023
Mitigation/Conditions of Approval
Page 5 of 6
6. Calloway Dr & Meacham Rd, 1 NBTT,1 SBT', 4.09% share
7. Main Plaza Dr & Meacham Rd, Install Signal, 9.16% share
8. Allen Rd & Rosedale Hwy, 1 SBL, 1 SBT, 4.09% share
9. Verdugo Ln & Rosedale Hwy, 1 SBR, 17.93% share
10. Calloway Dr & Rosedale Hwy, 1 SBT, 3.87% share
11. Main Plaza Dr & Rosedale Hwy, 1 SBR', 2.43% share
12. Calloway Dr & Brimhall Rd, 1 WBT', 3.36% share
13. Allen Rd, Rosedale Hwy to Palm Ave, Add 1 lane 2, 8.27% share
14. Verdugo Ln, Noriega Rd to Hageman Rd, Add 2 lanes', 23.1 % share
15. Verdugo Ln, Hageman Rd to Rosedale Hwy, Add 2 lanes2, 78.46% share
16. Calloway Dr, Hageman Rd to Meacham Rd, Add 2 lanes', 6.59% share
17. Calloway Dr, Meacham Rd to Rosedale Hwy, Add 2 Iones', 3.99% share
18. Hageman Rd, Old Farm Rd to Jewetta Rd, Add 2 lanes', 8.95% share
19. Hageman Rd, Jewetta Rd to Calloway Dr, Add 2 lanes' .2, 5.59% share
For orderly development.
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L- Leftturn lane, T - Through lane, R- Right turn lane, 'Striping only, 2Portions have been widened adjacent
to development. Project % share should be based on areas which need widening within the stated limits
Regional Transportation Impact Fee
15. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program
by paying the adopted commercial fee in place at time of development. For orderly development.
PLANNING COMMISSION:
16. With submittal of the PCD (Planned Commercial Development) development Plan the deve;oper
shall incorporate applicable design measures as listed in Table "K" of the Air Quality Anaiysis
prepared by Vista Environmental, dated January 28, 2009. For potentially significant air quality
impacts.
17. Prior to development, the project applicant shall comply with specific measures during the
construction phase of the project and shall be implemented and include the following:
a. During grading and construction activities, the project applicant shall require that the grading
contractor restrict the idling of diesel equipment to the minimum necessary for equipment
warm-up.
In (wring construction activities, the project applicant shall require that the building contractor
recycle at least 50 percent of the construction waste generated by construction activities on
the project site.
C. Prior to ground-disturbance activities associated with the project, the project applicant shall
conduct a "tailgate" session for all personnel associated with the grading and construction
activities to inform personnel of the construction requirements pertaining to diesel equipment
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Exhibit A
GPA/ZC 09-0023
Mitigation/Conditions of Approval
Page 6 of 6
and construction waste recycling. Documentation of the session shall be provided to the
Planning Department prior to issuance of a building permit.
d. PCD development plans shall specifically address the visual impacts to homes fronting on
Verdugo Lane across from the proposed center through the use of berm landscaping and
enhanced landscape planting.
For potentially significant air quality impacts.
City Attorney Condition
16. 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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