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HomeMy WebLinkAboutRES NO 045-12RESOLUTION NO. 5'— 12 RESOLUTION ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 11 -0418, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER OF PANAMA LANE AND ASHE ROAD. WHEREAS, McIntosh & Associates, for JEC Panama LLC, filed an application requesting a General Plan Amendment, to change the land use designations of certain property in the City of Bakersfield as hereinafter described; and WHEREAS, General Plan Amendment No, 11 -0418, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 11 -0418: McIntosh & Associates, for JEC Panama, LLC, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from HMR (High Medium Density Residential) to GC (General Commercial) on 9.88 acres, located at the northeast corner of Panama Lane and Ashe Road; 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, March 15, 2012, on General Plan Amendment No. 11 -0418, 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, by Resolution No, 03 -12 on March 15, 2012, the Planning Commission recommended approval and adoption of General Plan Amendment No. 11 -0418 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 WHEREAS, an Initial Study was conducted for General Plan Amendment No, 11 -0418 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, 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, May 23, 2012 on General Plan Amendment No. 11 -0418, 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 Council has considered and hereby makes the following findings: The above recitals and findings are true and correct, Page 1 of 3 o``gAKF9�, s r v G ORIGINAL 2. The City Council has considered and concurs with the findings made by the Planning Commission as set forth in Resolution No. 03 -12 on March 15, 2012. 3. 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. 4. The applicant by prior written agreement will comply with all adopted mitigation measures contained within the Negative Declaration, 5. Infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 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. The Negative Declaration for the General Plan Amendment No. 11 -0418 is hereby adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto have been transmitted by the Secretary of the Planning Commission to the City Council and is hereby received and accepted. 4. The City Council hereby approves and adopts General Plan Amendment No. 11 -0418, as shown on the map marked Exhibit "B ", subject to the Mitigation Measures & Conditions of Approval as listed in Exhibit "A." 5. The General Plan Amendment (No. 11 -0418) 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. --- - - - - -- 000-- - - - - -- Page 2 of 3 o1, ?,NK, ,q > m t- r (.J O 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 r by the following vote; ✓ ✓ AY COUNCILMEMBER SALAS BENHAM WEIR COUCH HANSON SULLIVAN JOHNSON 0E S: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ✓1>�'LQ ABSENT: COUNCILMEMBER ROBERTA GAFFORD, C CITY CLERK and Ex Offi io Clerk of the Council of the City of Bakersfield APPROVED as to form; VIRGINIA GENNARO City Attorney By: 0 -- Exhibit A - Mitigation Measures & Conditions of Approval B - General Plan Amendment Map Page 3 of 3 ,, K 1-1 F- r t� C7 ORIGINAL ATTACHMENT A PD Review No. 11 -0417 (Site Plan Approved by the Planning Commission on March 15, 2012) o``gAKF9�, s ~' r L) O ORIGINAL u I 111 gg I' n! I I I I I T1 U I T1 I -� . -1111 M�l I ITi a. D \ ----------- - ------- ---- -- ------------- ------------ -- ------------- --- - ---- - ------------------ -- - --- ------------- -- GVOw AHSV i'i� @' !' �j -^ g, Q ORIGINAL iffillIFFY Ril I On VIE u I 111 gg I' n! I I I I I T1 U I T1 I -� . -1111 M�l I ITi a. D \ ----------- - ------- ---- -- ------------- ------------ -- ------------- --- - ---- - ------------------ -- - --- ------------- -- GVOw AHSV i'i� @' !' �j -^ g, Q ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL Cy ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 11 -0418 Air Quality and Green House Gas Mitigation Measures 1. 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. Bioloaical Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, 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 recommended 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 (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 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 recommended 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 feeso4�AKF9� ti. r ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11 -0418 Page 2 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 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 cultural impacts. 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 cultural impacts. v O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11 -0418 Page 3 Public Works 6. 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 the existing right turn deceleration lane in Ashe Road into Sunrise Crest Street (of Tract 6776). 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. b. Submit a revised drainage study to be reviewed and approved by the City Engineer to reflect the development under the new land use and zoning. Any modification to the existing drainage system to be reviewed and approved by the City Engineer. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite development if applicable. e. 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. 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 7. 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. 8. Payment of the proportionate share of the Ashe Road Panned Bridge and Major Thoroughfare area per Resolution 67 -89 prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development. 9. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in gAKF9� r U O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 4 place for the various land use types at time of development. Mitigation for Traffic Impacts. PLANNING DEPARTMENT: 10. Upon approval of this GPA request, the Applicant /property owner (and successor owners) shall relinquish and void all rights and entitlements to all previously approved tentative subdivisions (Tentative Tract Map # 6776). Mitigation for orderly development. Traffic Impact Mitigation Measures 11. The proposed project's proportional share of traffic mitigation for intersections has been determined as the ratio of the project's added peak hour traffic to the total projected future increases in traffic volumes until the year 2015. The table below indicates the project's pro -rata share of necessary improvements and mitigation. Table 6: Intersection Im rovements /Mlti anon /rro -Kara snare Intersection /Mitigation Total Project Year Year Improvements Traffic @ 2015 2035 Not Covered Year 2015 Future Future by RTIF Traffic + Traffic + Project Project PHV %1,2 PHV PHV White Ln & Ashe Rd - AM Peak 2015: No improvements required for 7 0.10% 4678 7017 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of proj. traffic White Ln & Ashe Rd - PM Peak 2015: No improvements required for 14 0.16% 5890 8931 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic District Blvd & Ashe Rd - AM Peak 2015: No improvements required for 13 0.28% 2787 4598 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic s � r V O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 5 District Blvd & Ashe Rd - PM Peak 2015: No improvements required for 29 0.53% 3154 5476 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Reliance Dr- AM Peak 3 22 1.60% 1194 1376 - 2015: No improvements required for future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Warrant Satisfied: 3 Harris Rd & Reliance Dr - PM Peak 3 87 6.14% 1188 1417 - 2015: No improvements required for future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Warrant Satisfied: 3 Harris Rd & Ashe Rd - AM Peak 2015: No improvements required for 54 1.26% 2062 4292 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Ashe Rd - PM Peak 2015: No improvements required for 183 3.16% 2821 5792 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Stine Rd - AM Peak 2015: No improvements required for 7 0.30% 1977 2313 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Harris Rd & Stine Rd -PM Peak 2015: No improvements required for 33 1.31% 2236 2528 - future 2015 traffic increases 2015 + Proj: No mitigation required due to addition of project traffic. Proiect Entrance # 1 & Ashe Rd- AM Peak 3 as 99 7.20% 1000 1375 - r v O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 6 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Project Entrance #1 & Ashe Rd- PM Peak, 416 25.24 1396 1648 3,4 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: 1 & 3 Panama Ln & Gosford Rd - AM Peak 5 10 0.18% 2349 5450 - 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Panama Ln & Gosford Rd -PM Peak 5 66 1.01 % 2677 6536 - 2015: Add 1 ET & 1 WT. 2015 + Proj: No mitigation required due to addition of project traffic. Panama Ln & Reliance Dr- AM Peak 5 22 0.45% 1952 4891 - 2015: Provide Signal - Warrants Satisfied: 1 &3. 2015 + Proj.: No mitigation required due to addition of project traffic. Panama Ln & Reliance Dr - PM Peak 5 140 2.33% 2368 6007 - 2015: No improvements required for future 2015 traffic increases. 2015 + Proj.: Provide Signal - Warrant Satisfied: 3 Panama Ln & Ashe Rd - AM Peak 5 32 0.61% 2810 5225 - 2015: Add 1 ET. 2015 + Proj.: No mitigation required due to addition of project traffic. Panama Ln & Ashe Rd - PM Peak 5 2015: Add 1 ET. 168 2.62% 3362 6403 - 2015+ Proj.: No mitigation required due to addition of project traffic. �4< ?, N T cP U QD ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 7 Panama Ln & Proiect Entrance #2 - AM 74 1.78% 2217 4151 - Peak 4 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Panama Ln & Project Entrance #2 - PM 360 7.04% 2833 5116 - Peak 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: 1 & 3 Panama Ln & Golden Gate DR - AM 32 0.99% 1667 3238 - Peak 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Panama Ln & Golden Gate DR - PM Peak 122 2.35% 2715 5194 - 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Panama Ln & Stine Rd - AM Peak 2015 No improvements required for future 19 0.31% 3650 6172 - 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Panama Ln & Stine Rd - PM Peak 2015 No improvements required for future 68 0.88% 4565 7714 - 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. o``gAKF9� m r- v o ORIGINAL_ Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11 -0418 Page 8 Berkshire Rd & Ashe Rd - AM Peak 3, s 5 0.47% 653 1075 - 2015: no improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None Berkshire Rd & Ashe Rd - PM Peak 3,5 9 0.93% 575 967 - 2015: No improvements required for future 2015 traffic increases. 2015 + Proj: No mitigation required due to addition of project traffic. Warrants Satisfied: None SIT _ A i 4A.L... -4 Thr- -k I nY1C' Notes: PHV = Peak Hour Volume; NL = Northbound Derr Lane, N - iwi ii ZOO, KA 1 1 11 1 L-1 NR = Northbound Right Lane; EL = Eastbound Left Lane; ET = Eastbound Through Lane; ER = Eastbound Right Lane; SL = Southbound Left Lane; ST = Southbound Through Lane; SR= Southbound Right Lane; WL = Westbound Left Lane; WT= Westbound Through Lane; WR = Westbound Right Lane; LOS = Level of Service; Byd Std. = Beyond City of Bakersfield Standard Detail T -4; RTIF = Regional Transportation Impact Fee, s /v= seconds per vehicle in delay 1. Percentages Based on COB Formula 6.2.2.12f: Project Volume /(TIF Buildout Year Volume) 2. Project percentage of future traffic is shown in this column regardless of mitigation requirements. 3. Percentage share at this intersection is based on the project's contribution to the minimum threshold for signalization at this intersection (1280vph for 1 lane by 1 lane Approaches, 1 440vph for 2 lane by 1 lane Approaches, and 1600vph for 2 lane by 2 lane Approaches). 4. Project created intersection. Developer shall be responsible for improvements related to the project's frontage along this intersection. 5. Improvements to this intersection are include in the Phase IV Metropolitan Bakersfield Regional Transportation Impact Fee Program and therefore paid for by project's contribution to that fee program. City Attorney 12. 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 F m U O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 11-0418 Page 9 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 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 1st 2012 \11 -0418 & PD review 1 1- 0417 \AdminSR \Exhibit A.doc p`` g A /C,c9 m U r O ORIGINAL EXHIBIT B GENERAL PLAN MAP o� � AKF9s r- m U p ORIGINAL_ � � J N0 SONIHdS ad03: J Q' 0' J J M0 N310 ONIadS J � } 0 j ....... 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