HomeMy WebLinkAboutRES NO 125-09
RESOLUTION NO. 125- 09
RESOLUTION MAKING FINDINGS, APPROVING GENERAL PLAN
AMENDMENT NO. 09-0604, AN AMENDMENT TO MODIFY
CONDITION NO.6 AND CONDITION NO. 17 FOR GPA/ZC NO. 05-
0844, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
7TH STANDARD ROAD AND THE PLANNED ALLEN ROAD
ALIGNMENT (FUTURE).
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 14,
2009, and on Thursday, September 17, 2009, on General Plan Amendment No. 09-0604, 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. 09-0604, an amendment to the conditions of
approval for GPA/ZC 05-0844, is as follows:
General Plan Amendment No. 09-0604:
Summit Engineering for M&S Land Company, LLC applied to modify Condition No. 5
and Condition No. 17 for GPA/ZC No. 05-0844.; and
WHEREAS, the provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed activity is a project and that it is Categorically
Exempt from CEQA under Section 15305 Minor Alterations in Land Use Limitations and Section 15061
(b) (3) (General Rule) because General Plan Amendment/Zone Change No. 09-0604, has no land use
designation or density changes and is a minor alteration in land use limitations. Amending Condition
No. 5 and Condition No. 17 for GPA/ZC No. 05-0844 does not have a potential to cause significant
adverse environmental impacts. The modification to Condition No. 5 merely changes the time for
submittal of a Phase I Environmental Site Assessment thus ensuring environmental compliance with
CEQA. With respect to Condition No. 17 the modification will establish procedures for notifying the
mineral rights owner in regards to development plans such as tract maps, etc. Furthermore Condition
No. 17 will require that all existing petroleum related facilities be protected and integrated into proposed
development. Therefore modification to Condition No. 17 will not have a significant impact on the
environment. The associated project (GPA/ZC No. 05-0844) can be developed in a safe manner
through compliance with applicable City ordinances, standards, and mitigation measures approved for
GPA/ZC No. 05-0844. Section 15061 (b) (3) General Rule also covers the activity where it can be seen
with a certainty that there is no possibility that the activity in question may have a significant effect on the
environment; and
WHEREAS, by Resolution No. 48-09 on September 17, 2009, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 09-0604 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 4,
2009, on General Plan Amendment No. 09-0604, 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
o
local newspaper of general circulation; 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. 48-09, adopted on September 17,
2009:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
C. Significant environmental impacts were not identified with the project proposal;
therefore, a Notice of Exemption was prepared by staff for the project site.
d. The public necessity, general welfare and good planning practices justify the
modification to Condition No. 5 and Condition No. 17 of GPA/ZC 05-0844.
e. The GPA to modify Condition No. 5 and Condition No. 17 will not effect
compatibility with the land use designation of surrounding properties and is
internally consistent with the Metropolitan Bakersfield General Plan.
f. The laws and regulations relating to the preparation of a Notice of Exemption 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 applicant agreed to comply with all adopted modified conditions for GPA/ZC
09-0604.
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. A Notice of Exemption was prepared for the project in accordance with CEQA.
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. 09-0604,
constituting changes as shown on the modified conditions marked Exhibit "A-1,"
attached hereto and incorporated as though fully set forth, for property generally located
at the southeast corner of 7'h Standard Road and the planned Allen Road alignment.
5. That General Plan Amendment No. 09-0604, 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.
2 ~'A;jcc9
-OOO-
C7
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 0 4 2009
by the following vote:
✓ ✓ V ✓ ✓ ✓
1-711z~ V, AYE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER thC~~Q
ABSTAIN: COUNCILMEMBER h bX\,Q_.
ABSENT: COUNCILMEMBER r O (VV
PAMELA A. MCCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 0 4 009
HARVEY L. HALL r
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
Exhibit A-1 - Modification to Condition No. 5 and Condition No. 17 for GPA/ZC No. 05-0844
A-2 - Land Use Location Map
BM - S:\GPA 3rd 2009\09-0604\Res\CC GPA Resolution.doc
4
(7r I`.a;l'`''i1~
Exhibit A-1
General Plan Amendment/Zone Change No. 09-0604
to Modify
Condition No. 5 and Condition No. 17
for GPA/ZC 05-0844
Modified Condition No. 5
Prior to recordation of a final subdivision map on the project site the applicant shall
submit a valid Phase I Environmental Site Assessment (ESA) to identify any
environmental concerns in connection with hazardous materials on the project site
(GPA/ZC 05-0844), to the satisfaction of the Bakersfield Fire Department (Prevention
Services Division). If the Phase I ESA reveals the likelihood of site contamination the
local Unified Program agency (Prevention Services Division, Bakersfield Fire
Department) will require the applicant to submit a Phase II ESA. A Phase II ESA is a
more detailed investigation that samples soil, groundwater and/or building materials for
chemical analysis of hazardous substances and/or petroleum hydrocarbons. In the
event hazardous substances and/or petroleum hydrocarbons are present on the site, a
Remediation Plan shall be submitted prior to recordation of a final subdivision map to the
satisfaction of the local Unified Program agency (Prevention Services Division,
Bakersfield Fire Department). This will ensure the conversion to residential uses on the
subject property does not constitute a risk to the public. Mitigation for public health.
Modified Condition No. 17
17. The applicant shall:
a. Notify the mineral owner of any and all development plans including sewer
plans, grading plans, etc., approved for the project area and evidence
shall be submitted to the City Planning Department. Proof of notification
shall be provided to the Planning Department via return receipt from US
Postal Service;
b. Notify the mineral owner of any and all tract/parcel maps submitted to the
City Planning Department. The tract/parcel maps shall show the existing
locations of petroleum pipelines, wells and all attendant facilities within the
project area, pursuant to 15.66.080 of the Bakersfield Municipal Code.
Specifically for tentative maps, the information shown shall be pursuant to
Bakersfield Municipal Code 16.16.030 S; and
c. Provide a written or graphical plan to the City during the early stages of
the development process that demonstrates how all existing petroleum
related facilities will be protected and integrated into the proposed
development including location of new pipeline corridors pursuant to
Bakersfield Municipal Code 15.66.080.
~ f~
Exhibit B-2
General Plan Amendment No. 09-0604 Location Map
(Change in Conditions)
0
8 g
°
w
rl- w Q~ x z
17, C-4
F- CC LL
w
M to
H
s C14 x
o
a y
° o ~l0 1 w
U 1■
II
U V
O
1
0.1
~ 1~ 1332!1 ~I
J
U
Z 0
W ' "W
1 ~ ;1
Z Z > Z
W O _ CL C
I
Q _Z .1
!n
ZW
Q A1N/1°0 - - - - - -
aQ
U
W
w~
YO
W m=
J
Z a
W U)
A1N oo
•
04
I
I
W
0
0 U
I ~cc
I G
1
I G
cr
1
I
G~
ORDINANCE NO.
AN ORDINANCE ADOPTING ZONE CHANGE NO. 09-0604 BY
AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE TO MODIFY CONDITION NO. 5 AND
CONDITION NO. 17 FOR GPA/ZC NO. 05-0844, GENERALLY
LOCATED AT THE SOUTHEAST CORNER OF SEVENTH
STANDARD ROAD AND THE FUTURE ALIGNMENT OF ALLEN
ROAD. (ZC 09-0604).
WHEREAS, in accordance with the procedures set forth in the provisions of Title 17 of
the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing
on a request to modify Condition No. 5 and Condition No. 17 for GPA/ZC No. 05-0844 in the
City of Bakersfield generally located at the southeast corner of Seventh Standard Road and
planned Allen Road; and
WHEREAS, by Resolution No. 49-09 on September 17, 2009, the Planning Commission
recommend approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 09-0604 by modifying Condition No. 5 and Condition No. 17 of
GPA/ZC 05-0844 as shown on page marked Exhibit "A-1", by this Council and this Council has
fully considered the recommendations made by the Planning Commission as set forth in that
Resolution and restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a Notice of Exemption and modifications
to Condition No. 5 and Condition No. 17 of GPA/ZC 05-0844 and the Council has considered
said finidngs as restated herein and all appear to be true and correct; and
WHEREAS, the general plan designation for this area allows for Suburban Residential;
and
WHEREAS, the City Council has considered and concurs with the following findings
made by the Planning Commission as set forth in Resolution No. 49-09, adopted on September
17, 2009:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
3. Significant environmental impacts were not identified with the project
proposal; therefore, a Notice of Exemption was prepared by staff for the
project site.
4. The proposed project is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "A-1," is consistent with the
Metropolitan Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices justify `k_Y has
the requested modification, as shown on Exhibit "A-1."
1
J v
7. The laws and regulations relating to the preparation and adoption of the
Notice of Exemption 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.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1. That the above recitals, incorporated herein, are true and correct.
2. A Notice of Exemption was prepared for the project in accordance with
CEQA.
3. Title 17 of the Municipal Code of the City of Bakersfield be and the same
is hereby amended by modifying conditions for GPA/ZC 05-0844 of that
certain property in said City, the boundaries of which property is shown
on Zoning Map marked Exhibit "B-2" attached hereto and made a part
hereof.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage.
000
e
J
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk 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-1 - Modification to Condition No. 5 and Condition No. 17 for GPA/ZC No. 05-0844
A-2 -Zoning Map
BM - S:\GPA 3rd 2009\09-0604\Res\CC ZC Ordinance.doc
3
J v
Exhibit A-1
Modify Condition No. 5 and Condition No. 17
For GPA/ZC 05-0844
u
'.a J
Exhibit A-1
General Plan Amendment/Zone Change No. 09-0604
to Modify
Condition No. 5 and Condition No. 17
for GPA/ZC 05-0844
Modified Condition No. 5
Prior to recordation of a final subdivision map on the project site the applicant shall
submit a valid Phase I Environmental Site Assessment (ESA) to identify any
environmental concerns in connection with hazardous materials on the project site
(GPA/ZC 05-0844), to the satisfaction of the Bakersfield Fire Department (Prevention
Services Division). If the Phase I ESA reveals the likelihood of site contamination the
local Unified Program agency (Prevention Services Division, Bakersfield Fire
Department) will require the applicant to submit a Phase II ESA. A Phase II ESA is a
more detailed investigation that samples soil, groundwater and/or building materials for
chemical analysis of hazardous substances and/or petroleum hydrocarbons. In the
event hazardous substances and/or petroleum hydrocarbons are present on the site, a
Remediation Plan shall be submitted prior to recordation of a final subdivision map to the
satisfaction of the local Unified Program agency (Prevention Services Division,
Bakersfield Fire Department). This will ensure the conversion to residential uses on the
subject property does not constitute a risk to the public. Mitigation for public health.
Modified Condition No. 17
17. The applicant shall:
a. Notify the mineral owner of any and all development plans including sewer
plans, grading plans, etc., approved for the project area and evidence
shall be submitted to the City Planning Department. Proof of notification
shall be provided to the Planning Department via return receipt from US
Postal Service;
b. Notify the mineral owner of any and all tract/parcel maps submitted to the
City Planning Department. The tract/parcel maps shall show the existing
locations of petroleum pipelines, wells and all attendant facilities within the
project area, pursuant to 15.66.080 of the Bakersfield Municipal Code.
Specifically for tentative maps, the information shown shall be pursuant to
Bakersfield Municipal Code 16.16.030 S; and
c. Provide a written or graphical plan to the City during the early stages of
the development process that demonstrates how all existing petroleum
related facilities will be protected and integrated into the proposed
development including location of new pipeline corridors pursuant to
Bakersfield Municipal Code 15.66.080.
Exhibit A-2
Zone Change No. 09-0604 Location Map
(Change in Conditions)
.WA,
t''a!r ±A~
0
S g
W
rn P-
H
LL
c/) LU L
0) tNN
1.1.
o
o I 7
V U U t ~ ;1
a ;I
~ .1
a
> z w 1
a ° ch 1
U W a '
Lo
W Cn i~
Z jl
O a a II
ail
W Z a o
AINnoo
O a z
Z V ~ N '1
Q Z W ;I
VW
W UNnoo
Z Z
Q W
O= z rt
N wJ
V UL
` rt o
oo wo
m~ rt a
Q. rt
W
x
rt 7
rt ~
rt
.rty
T AINnoo
CV
i
U
a
~a
CS i U
i
i
;
L7
()RiGiNAL.
NOTICE OF EXEMPTION
TO: _ Office of Planning and Research FROM: City of Bakersfield
PO Box 3044, 1400 Tenth Street, Room 222 Planning Department
Sacramento, CA 95812-3044 1715 Chester Avenue
Bakersfield, CA 93301
X County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: General Plan Amendment/Zone Change No. 09-0604.
Project Location-Specific: Located at the southeast corner of Seventh Standard Road and planned
Allen Road alignment. Assessor's Parcel No. 530-030-13
Project Location-City: Bakersfield Project Location-County: Kern
Project Description: A General Plan Amendment to modify conditions for GPA/ZC 05-0844 as
follows: a.) Modify Condition #5 - The applicant proposes to prepare a Phase I Environmental Site
Assessment prior to recordation of a final subdivision map rather than submitting with a tentative
subdivision map application b) Modify Condition #17 - The applicant proposes to establish
procedures for notifying the mineral rights owner in regards to development plans such as grading
plans sewer plans tract maps etc. Furthermore Condition No. 17 will require that all existing
petroleum related facilities be protected and integrated into proposed development. No land use or
map changes are proposed for this project.
Name of Public Agency Approving Project: City of Bakersfield
Name of Person or Agency Carrying Out Project: Development Services Department, Planninq
Division
Exempt Status:
Ministerial (Sec.21080(b)(1); 15268));
Declared Emergency (Sec.21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
X Categorical Exemption. State type and section number. 15305 Minor Alteration in
Land Use Limitations
Statutory Exemptions. State section number.
X Project is exempt from CEQA pursuant to Section 15061 (b) (3) General Rule
Reasons why project is exempt: This project is categorically exempt from CEQA pursuant to
Section 15305 which consist of minor alterations to land use limitations in areas with an average
slope of less than 20% which do not result in any changes in land use or density. As no land use,
map or density changes are proposed for this project it is a minor alteration in land use limitations.
Amending condition #5 and condition #17 for GPA/ZC 05-0844 does not have a potential to cause
significant adverse environmental impacts The modifcation to condition #5 merely changes the time
of submittal for a Phase I Environmental Site Assessment thus ensuring environmental compliance
with CEQA With respect to Condition No. 17 the modification will establish procedures for notifying
the mineral rights owner in regards to development plans such as tract maps etc. Furthermore
Condition No 17 will require that all existing petroleum related facilities be protected and integrated
into proposed development and therefore will not have significant impact on the environment. The
associated project (GPA/ZC 05-0844) can be developed in a safe manner through compliance with
applicable City ordinance standards and mitigation measures approved for GPA/ZC 05-0844. The
activity is also covered by General Rule 15061 (b) (3) where it can be seen with certainty that there it--
no possibility that the activity in question may have a significant effect on the environment.
Lead Agency: Contact Person: Ben Munoz, Planning Technician Telephone/Ext.: (661) 326-
3041
If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a notice of exemption been filed by the public agency approving the project? Yes X No_
Signature: Date: y- 16 hg Title: Planning Tech.
X Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant
"BM"SAGPA 3rd 2009\09-0604\Env Doc\NOE.DOC
> fn
t- r
;_r~~ p nL7