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Home My WebLink AboutRES NO 021-13RESOLUTION NO. 021-13 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 LR (LOW DENSITY RESIDENTIAL) TO (GENERAL COMMERCIAL) ON 14.14 ACRES LOCATED ON THE SOUTH SIDE OF TAFT HIGHWAY, APPROXIMATELY'A MILE WEST OF STINE ROAD, (GPA /ZC NO. 12- 0355). WHEREAS, Marino /Associates for the Kerfoot Family Trust, filed an application with the City of Bakersfield Planning Department requesting an amendment to the land use designation of the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to GC (General Commercial) on 14.14 acres located on the south side of Taft Highway, approximately' /4 mile west of Stine Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, December 20, 2012, and approved Resolution No. 48 -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. 48 -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). --- - - - - -- 000-- - - - - -- p��AK�9`011 > m Page 1 of 2 o ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed gLnd Idpated by the Council of the City of Bakersfield at a regular meeting held on by the following vote: / ✓" ,,// ✓ ✓ ✓ AYE ' COUNCILMEMBER: MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON NOES: COUNCILMEMBER: ✓10111 - ABSTAIN: COUNCILMEMBER: no D, ABSENT: COUNCILMEMBER: nmQ -- FEB 13 2013 APPROVED L444&- , jllr�-el ROBERTA GAFFORD, COOF CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto ey By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B General Plan Amendment Map DL \S: \GPAs \GPA 4th 2012\ 1 2-0355\Ord Res \CC Resolution GPA.doc Page 2 of 2 o v ORIGINAL Exhibit A Mitigation Measures /Conditions of Approval �gAKF9 � m V 0 ORIGINAL, EXHIBIT A MITIGATION MEASURES >L CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 12 -0355 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. Mitigation for potential Air Qualify and GHG impacts. Biological Impact Mitigation Measures 2. 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 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. �g AKF9 Q 1-c1 > m r r C', CD INIAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0355 Page 2 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. 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 Taft Highway Road(s) to expressway standards per council policy, Resolution 063 -12, for the full frontage of the area within the GPA request. Please note that this includes the dedication and construction of a fourth, auxiliary lane along the full frontage. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer and Caltrans. Submit a current title report with the dedication documents. b. This GPA /ZC area shall have its own on -site drainage sump, to be privately maintained. The site shall accept the drainage from Taft Highway for the frontage. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. c. This project is in the Curnow sewer area and shall pay the appropriate fees for the entire acreage. Per City of Bakersfield Ordinance, Section 15 -09 -060, a septic system is permitted because the site is located more than 1000 feet from the nearest existing sewer system. However, should the use or conditions of the site change in the futurrq'' KF9s� connection to the sewer may be required. in o ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0355 Page 3 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 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. 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. Mitigation for Traffic Impacts. 9. The Taft Highway, crossing of the Farmers Canal needs widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. Mitigation for Traffic Impacts. 10. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for Traffic Impacts. City Attorney: 11. In consideration by the City of Bakersfield for land use entitlements, including but 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, fapbK6;; s under this condition within thirty (30) days of actually receiving such claim. The City, its m t r V O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 12 -0355 Page 4 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. 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