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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 aPK6;9 ' m ~~'1RIrINALL r 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 2 ~gAKF9 } m `~C~RIRINA~ 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. 000........ ~AKF9 3 m JORIGINAL 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 4 > m r uomrINA& Exhibit A Modification to Condition Nos. 5A, 7, 8, and 11 for GPA/ZC No. 06-0463 PKF9J-n m t- r ~nRIGINAo 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. IkgAKF~ } R; r- vORIGINAL Exhibit 6 General Plan Amendment Location Map J``~PKF9`n-~+ m _ r ORIGINAL u1 p Ix N 0 LL Cn H Q ° ~ I - LLJ LW M A a: I 1 Q p - AJJD r O ~ J z0 W~ ~o °z z w 0 2U QZ ce) Z W N m ' w J < Z J ~U W Z J W C~ I~ _J oa GHOJsOD ~ ~ o a ~ PKF9 co C) U = ! U J RONAL 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. 1 O~gAKF9 a O ')RIGINAL 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. ---------000--------- 2 o~R PKk9 ORIGINAL 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 3 ~AKF9 m ~ORIGINAt. Exhibit A Modification to Condition Nos. 5a, 7, 8, and 11 for GPA/ZC No. 06-0463 ~gAKF9 m ORIGINAL 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. O~0 PK~9`f-~ ~ m `~QRIGINk T Exhibit B Zone Change Location Map KE~ ' m ~ORIGINALL o d LLJ fl- CV ~ M O p ~ U a i co W r m i t I - - ~ A110 vJ 'rA~ r I 0 O 1 O Q UJ Z N i 0 U Z QZ 00 7 Q M M U ui x N ui Zz 0 N= U 7 oaaao=IsoE) O o U U Q N a a N Kk O~ - , 9~T I 1! > i m jJ r O { ~nRl(;INAL.