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Home My WebLink AboutRES NO 037-11RESOLUTION NO. 037- 11 RESOLUTION APPROVING GENERAL PLAN AMENDMENT NO. 11-0052, AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. WHEREAS, McIntosh & Associates, for Bidart Bros. a California Corporation, 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 THURSDAY, April 7, 2011, on General Plan Amendment 11-0052 for 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 11-0052, an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, is as follows: GENERAL PLAN AMENDMENT NO. 11-0052: McIntosh and Associates, for Bidart Bros. a California Corporation, has applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan as shown in Exhibit B, to delete the eastern portion of Etchart Road and the northern portion of Fruitvale Avenue at Golden State Highway and by adding a new collector segment that connects these two roadways west of the Union Pacific Railroad tracks; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 1 1-0052 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. 07-11 on April 7, 2011, the Planning Commission recommended approval and adoption of General Plan Amendment No. 11-0052 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. 07-11, adopted on April 7, 2011: All required public notices have been given. 171 r-- 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. 4. The public necessity, general welfare and good planning practices justify the amendment to the Circulation Element of the Metropolitan Bakersfield General Plan. 5. The Circulation Element amendment to delete portions of Etchart Road and Fruitvale Avenue at Golden State Highway and by adding a new collector segment that connects these two roadways west of the Union Pacific Railroad tracks 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 Planning Commission in this matter. 2. That the Negative Declaration for General Plan Amendment No. 11-0052 is hereby 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. That General Plan Amendment No. 11-0052, 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. 5. That General Plan Amendment No. 11-0052, is approved herein, is an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan. 000-------- 2 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 May 18, 2011 by the following vote: ✓ ✓ ✓ ✓ ✓ r AYES, COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, Si~~e~S@r1 S: COUNCILMEMBER: 4OA2 ABSTAIN: COUNCILMEMBER: fl6y\Q_ ABSENT: COUNCILMEMBER: A t! ~ - ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield A ppQnvFn MAY 1 R 7011 APPROVED as to form: VIRGINIA GENNARO City Attorney/ l By; 1, EXHIBITS A Mitigation Measures/Conditions of Approval B General Plan Amendment Location Map DL\\ S:\GPAs\GPA 2nd 2011\11-0052\Res Ord= GPA.doc J' - .r r 3 MAYVK OT Tne LITy OT tSaKersrlela Exhibit A Mitigation Measures/Conditions of Approval ti 's d' °n Exhibit A Mitigation/Conditions of Approval General Plan Amendment No. 11-0052 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 (META) 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 (META) 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 ,y xa. k ti yf Page 1 of 3 7 EXHIBIT A GPA/ZC No. 11-0052 Mitigation/Conditions of Approval 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. Cultural Impact Mitigation Measures 4. 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. 5. 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: 6. 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 Page 2 of 3 r EXHIBIT A GPA/ZC No. 1 1-0052 Mitigation/Conditions of Approval 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. DL \\S:\GPAs\GPA 2nd 2011\11-0052\Admin SR\CC conditions.doc Page 3 of 3 U, n Exhibit B General Plan Amendment Map V sy. ~ T- r" G -}~"?K N:riL O ~ N LO O O Z W O Z W Q z Q J J Q W Z W CD Z W Z W Q Z O Q J U U M-M r-