HomeMy WebLinkAboutRES NO 097-10
RESOLUTION NO. 097-- 10
RESOLUTION MAKING FINDINGS, APPROVING GENERAL
PLAN AMENDMENT NO. 10-0157, AN AMENDMENT TO
MODIFY CONDITION NOS. 5a, 7,8 AND 11 FOR GPA/ZC
NO. 06-0463, LOCATED ALONG THE SOUTH SIDE OF
BERKSHIRE ROAD, GENERALLY WEST OF ASHE ROAD.
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 Thursday,
June 17, 2010, on General Plan Amendment No. 10-0157, 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. 10-0157, an amendment to the Conditions
of Approval for GPA/ZC 06-0463, is as follows:
General Plan Amendment No. 10-0157:
MSW Architectural & Engineering, Inc., representing Moran Development,
applied for a General Plan Amendment to modify Conditions of Approval
Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463 located along the south side
of Berkshire Road, generally west of Ashe Road; 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 underSection 15305 Minor Alterations in Land
Use Limitations and Section 15061 (b) (3) (General Rule). No land use designation or density
changes are proposed, therefore the project constitutes as a minor alteration in land use
limitations. Section 15061 (b) (3) General Rule also covers the project 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. 17-10 on June 17, 2010, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 10-0157 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 City 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 11, 2010, on General Plan Amendment No. 10-0157, 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, 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 determination that the Regional Transportation Impact Fee adopted jointly by the
City and the County be declared invalid and void (RTIF Lawsuit); and
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 City 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. 17-10, adopted on June
17, 2010:
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 for the
project.
d. The public necessity, general welfare, and good planning practices
justify the modification to Condition Nos. 5a, 7, 8, and 11 for GPA/ZC
06-0463.
e. The proposed General Plan Amendment to modify Condition Nos. 5a,
7, 8, and 11 will not affect compatibility 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 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
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followed by city staff and the Planning Commission.
3. That the applicant agreed to comply with all adopted modified conditions for
General Plan Amendment No. 10-0157.
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.
10-0157, constituting changes as shown on the modified conditions marked
Exhibit "A" attached hereto and incorporated as though fully set forth, for
property located along the south side of Berkshire Road, generally west of
Ashe Road.
5. That General Plan Amendment No. 10-0157, 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 Land Use Element.
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the City Council of the City of Bakersfield at a regular meeting thereof held on
AUG 11 2010 by the following vote:
COUNCILMEMBER CARSON, WEIR, COUCH HANSON, SULL AN, SCRIVNER
NOES: COUNCILMEMBER
A COUNCILMEMBER
BS N COUNCILMEMBER a M
ROBERTA GAFFORD,
CITY CLERK and Ex Of icio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 1 2 0
HAR EY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: c~Lv
Exhibit A - Modification to Condition Nos. 5A, 7, 8, and 11 for GPA/ZC No. 06-0463
B - General Plan Amendment Location Map
DL:\S:\GPAs\GPA 2nd 201 0\ 10-01 57\Res Ord\CC GPA Resolution.doc
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Exhibit A
Modification to Condition Nos. 5A, 7, 8, and 11 for GPA/ZC No. 06-0463
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EXHIBIT A
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 10-0157
TO MODIFY
CONDITION NO. 5A, 7, 8, AND 11
FOR GPA/ZC 06-0463
Modified Condition No. 5.a
Provide fully executed dedication for McCutchen Road to arterial standards and
Berkshire Road and Reliance Drive to collector standards for the full frontage of the
area within the GPA request. Provide fully executed dedication for McCutchen Road
from the east boundary of the GPA/ZC area to the intersection of Ashe Road. The
offsite improvements may be phased with the phases of the map, as per the City
Engineer's direction. 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.
Modified Condition No. 7
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. The total cost may be apportioned between the phases
and shall be paid prior to the recordation of each phase. For orderly development.
Modified Condition No. 8
This site has no improved access. With the development of the project area, approved,
improved access to the site must be provided. The required improvements shall be 32
feet of paving meeting the appropriate City design standards, with 8' graded
shoulders. The offsite improvements may be phased with the phases of the map, as per
the City Engineer's direction. If it becomes necessary to obtain any off site right of way
and if the developer is unable to obtain the required right of way, then he shall pay to
the City the up-front costs for eminent domain proceedings and enter into an
agreement and post security for the purchase and improvement of said right of way.
For orderly development.
Modified Condition No. 11
Construct full improvements on the north side of McCutchen Road from the east
boundary of the GPA/ZC area to the intersection of Ashe Road upon further
development of the GPA/ZC parcel. The offsite improvements may be phased with the
phases of the map, as per the City Engineer's direction. For orderly development.
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Exhibit 6
General Plan Amendment Location Map
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ORDINANCE NO.
AN ORDINANCE ADOPTING ZONE CHANGE NO. 10-0157 BY
AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE TO MODIFY CONDITION NOS. 5a, 7, 8, AND 11 FOR
GPA/ZC NO. 06-0463, LOCATED ALONG THE SOUTH SIDE OF
BERKSHIRE ROAD, GENERALLY WEST OF ASHE ROAD. (ZC 10-
0157).
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 Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463
in the City of Bakersfield located along the south side of Berkshire Road, generally west
of Ashe Road; and
WHEREAS, by Resolution No. 18-10 on June 17, 2010, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 10-0157 by modifying Condition Nos. 5a,
7, 8, and 11 for GPA/ZC 06-0463 as shown on page marked Exhibit "A", 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 Nos. 5a, 7, 8, and 11 of GPA/ZC 06-0463 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 the project area allows for residential
and light industrial uses; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 18-10, adopted
on June 17, 2010:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) 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.
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5. The proposed project, as shown on Exhibit "B", is consistent with the
Metropolitan Bakersfield General Plan.
6. The public necessity, general welfare and good planning practices justify
the requested modification, as shown on Exhibit "A".
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 some
is hereby amended by modifying Conditions 5a, 7, 8, and 11 for GPA/ZC
06-0463 of that certain property in said City, the boundaries of which
property is shown on Zoning Map marked Exhibit "B" 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.
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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
ROBERTA GAFFORD, 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 - Modification to Condition Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463
B - Zone Change Location Map
DL:\S:\GPAs\GPA 2nd 2010\10-0157\Res Ord\CC ZC Ordinance.doc
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Exhibit A
Modification to Condition Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463
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EXHIBIT A
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 10-0157
TO MODIFY
CONDITION NO. 5A, 7, 8, AND 11
FOR GPA/ZC 06-0463
Modified Condition No. 5.a
Provide fully executed dedication for McCutchen Road to arterial standards and
Berkshire Road and Reliance Drive to collector standards for the full frontage of the
area within the GPA request. Provide fully executed dedication for McCutchen Road
from the east boundary of the GPA/ZC area to the intersection of Ashe Road. The
offsite improvements may be phased with the phases of the map, as per the City
Engineer's direction. 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.
Modified Condition No. 7
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. The total cost may be apportioned between the phases
and shall be paid prior to the recordation of each phase. For orderly development.
Modified Condition No. 8
This site has no improved access. With the development of the project area, approved,
improved access to the site must be provided. The required improvements shall be 32
feet of paving meeting the appropriate City design standards, with 8' graded
shoulders. The offsite improvements may be phased with the phases of the map, as per
the City Engineer's direction. If it becomes necessary to obtain any off site right of way
and if the developer is unable to obtain the required right of way, then he shall pay to
the City the up-front costs for eminent domain proceedings and enter into an
agreement and post security for the purchase and improvement of said right of way.
For orderly development.
Modified Condition No. 11
Construct full improvements on the north side of McCutchen Road from the east
boundary of the GPA/ZC area to the intersection of Ashe Road upon further
development of the GPA/ZC parcel. The offsite improvements may be phased with the
phases of the map, as per the City Engineer's direction. For orderly development.
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Exhibit B
Zone Change Location Map
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