HomeMy WebLinkAboutRES NO 018-13RESOLUTION NO. 8- 13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN FROM OC (OFFICE COMMERCIAL) TO GC
(GENERAL COMMERCIAL) ON APPROXIMATELY 48,780 SQUARE
FEET LOCATED 150 FEET SOUTH OF THE SOUTHWEST CORNER OF
OSWELL STREET AND BERNARD STREET, (GPA /ZC NO. 12- 0264).
WHEREAS, Scott Underhill for Bruce and Melanie Lynn, filed an application with the
City of Bakersfield Community Development Department requesting an amendment to the
land use designation of the Metropolitan Bakersfield General Plan from OC (Office
Commercial) to GC (General Commercial) on approximately 48,780 square feet located
150 feet south of the southwest corner of Oswell Street and Bernard Street (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on December 20, 2012,
and approved Resolution No. 37 -12, which recommended that the City Council adopt a
Negative Declaration and approve the Project; and
WHEREAS, the Clerk of the City Council set Wednesday, February 13, 2013 at 5:15 p.m.
in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the
time and place for a public hearing before the City Council to consider the proposed
Negative Declaration and approval of the amendment as required by Government Code
Section 65355, and notice of the public hearing was given in the manner provided in Title 17
of the Bakersfield Municipal Code; and
WHEREAS, during the hearing, the City Council considered all facts, testimony and
evidence, concerning the proposed negative declaration and amendment including the
staff report, initial study, special studies, deliberation, and action by the Planning
Commission.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The Planning Commission's findings as contained in its Resolution No. 37 -12 are
hereby adopted.
2. The Negative Declaration is hereby adopted.
3. The land use designation amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is hereby approved subject to the
mitigation measures /conditions of approval in Exhibit A and as shown on the
map in Exhibit B.
4. The Project approved herein is hereby made part of the 1 st amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan for
calendar year 2013 in accordance with Government Code Section 65358 (b).
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HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on FEB 13 1013 ,
by the following vote:
AYES:' >
COUNCILMEMBER
'RUffs-:
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
APPROVED
FEB 131013
MAXWELL, R, SMI H, HANSON, SUCLIVAN, JOHNSON
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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 Att n y
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures /Conditions of Approval
B General Plan Amendment Map
CG \ S: \GPAs \GPA 4th 2012\ 1 2-0264\Reso & Ord \CC Resolution GPA.doc
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A KF'9J'
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Exhibit A
Mitigation Measures & Conditions of Approval
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- )RIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
General Plan Amendment /Zone Change No. 12 -0264
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality and Greenhouse Gas Mitigation Measures
1. The proposed project will have air pollutant and greenhouse gas emissions associated with
the construction and use of the project site. 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 and rules required by the
San Joaquin Valley Air Pollution Control District.
Mitigation for Air Quality and Greenhouse Gas impacts.
Biological Impact Mitigation Measures
2. 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 biological impacts.
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 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 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 biological impacts.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0264
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 dates)
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.
CONDITIONS OF APPROVAL:
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 (If
a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions
can be met with the map):
a. Provide fully executed dedication for Oswell Street to arterial standards for the full
frontage of the area within the GPA request, if necessary. 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.
b. This GPA /ZC area is too small to support its own storm drainage sump. Submit a
comprehensive drainage study 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. 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 dan 1
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boundary streets to the centerline of the street, unless otherwise specified. The evil p %,
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0264
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 of all
infrastructure will be addressed at the subdivision map stage.
For orderly development.
7. The entire area covered by this General Plan Amendment shall be included in the
Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the
Consolidated Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of
this GPA area
For orderly development.
8. Payment of the proportionate share of the cost of the landscaped 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.
9. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate
program.
Mitigation for Traffic Impacts.
City Attorne
10. 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 and 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.
CG: S: \GPAs \GPA 4th 2012\ 1 2-0264\Conditions Ex A.doc
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Exhibit B
General Plan Amendment Location Map
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