HomeMy WebLinkAboutRES NO 023-13RESOLUTION NO. 023-13
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL ADOPTING A
NEGATIVE DECLARATION AND APPROVING AN AMENDMENTTO THE
LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN FROM SR (SUBURBAN RESIDENTIAL), LR (LOW DENSITY
RESIDENTIAL) AND LMR (LOW MEDIUM DENSITY RESIDENTIAL) TO HMR
(HIGH MEDIUM DENSITY RESIDENTIAL) ON APPROXIMATELY 20.41
TOTAL ACRES LOCATED ON THE NORTH SIDE OF ROSEDALE HWY, 660
FEET WEST OF ALLEN ROAD, (GPA /ZC NO. 12- 0372).
WHEREAS, McIntosh & Associates for Black Ops Real Estate, LLC, 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
11.54 acres of SR (Suburban Residential), 7.96 acres of LR (Low Density Residential) and one
acre of LMR (Low Medium Density Residential) to HMR (High Medium Density Residential) on
approximately 20.41 total acres located on the north side of Rosedale Hwy, 660 feet west of
Allen Road (the "Project "); and
WHEREAS, the Planning Commission held a public hearing on December 20, 2012,
and approved Resolution No. 43 -12, which recommended that the City Council adopt a
Negative Declaration and approve the Project; and
WHEREAS, an appeal of the Planning Commission's decision to approve the Project
was submitted by Philippe Heglin, neighboring resident; and Jonathan and Angela Geersen,
neighboring residents; 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. 43 -12 are
hereby adopted.
2. The Negative Declaration is hereby adopted.
3. The appeals are hereby denied.
4. The land use designation amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is hereby approved subject to the �AKF9
mitigation measures /conditions of approval in Exhibit A and as shown on the map
in Exhibit B.
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5. The Project approved herein is hereby made part of the 1st 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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I HEREBY CERTIFY that the foregoing Resolution was passed and ado % d by the
Council of the City of Bakersfield at a regular meeting held on FEB 13
by the following vote:
AY
NOES'
ABSENT:
APPROVED
COUNCILMEMBER
COUNCILMEMBER,
COUNCILMEMBER,
COUNCILMEMBER
FEB
HARVEY L. HALL
MAYOR of the City of Bakersfi
APPROVED as to form:
VIRGINIA GENNARO
City Att ney
By:
ANDREW HEGLUND
Deputy City Attorney
V ✓ ✓ ✓ ✓
MAXWELL, WEIR, HANSON, SULLIVAN, JOHNSON
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Exhibits: A Mitigation Measures /Conditions of Approval
B General Plan Amendment Map
CG \ S: \GPAs \GPA 4th 2012 \12 - 0372 \Reso Ord \CC Resolution GPA.doc
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Exhibit A
Mitigation Measures & Conditions of Approval
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Exhibit A
Mitigation Measures & Conditions of Approval
General Plan Amendment /Zone Change No. 12 -0372
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 (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.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0372
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, otherwise they are to be completed prior to the issuance of a
Certificate of Compliance for either a Lot Line Adjustment or Parcel Merger):
a. Provide fully executed dedication for Allen Road to arterial standards from the north
boundary of Tract 3825 along the full frontage of the parcel to the north of Tract 3825,
APN 464 - 031 -21, to the south boundary of Parcel 2 of Parcel Map 6052. 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. Provide an Irrevocable Offer of Dedication to Caltrans standard for SR 58,
Rosedale Highway. The right of way to be dedicated, in a format approved by the state,
before any state encroachment permit is issued.
b. Submit updated drainage study to the City Engineer of the existing drainage system's
capability to accept the additional run off to be generated through development under
the new land use and zoning. �Q NKF9
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0372
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, (completed, in- complete
and new) 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 a subdivision map or site
plan review stage. Construct the following specific street improvements to city standards:
i. Full width local street for the connecting street from GPA /ZC area to Allen Road and
construct a wall at the south end of Phairfield Street with a locked gate to provide
access for the sump.
ii. Allen Road half width from the Northwest return at Van Buren Place to the south
boundary of Parcel 2 of Parcel Map 6052. Improvements in the county are to be
approved and permitted thru the county.
iii. SR 58, Rosedale Highway, is to be constructed to Caltrans standards along the full
frontage of the GPA /ZC area. An encroachment permit issued in accordance with
Streets and Highways Code Section 671.5 shall be obtained from Caltrans for all
placements of encroachments within, under or over State right of way.
Encroachments are subject to removal by the Department in accordance with
Section s673 and 720 of the Streets and Highways Code. Encroachment permits do
not run with the land. A change of ownership requires a new permit application. The
proposed access on SR 58 would be limited to right in and right out only. Extension of
existing curbed median would be required to restrict left turn movements.
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 or Parcel Merger for
any portion of this GPA area. If the parcel is already within a consolidated maintenance
district, the owner shall update the maintenance district documents, including the
Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and
notarized.
For orderly development.
8. Access to the arterial streets will be limited and determined at the time of division or
development. Determination of whether a right turn lane is required at the access street(s)
will also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal
will only be permitted if a signal synchronization study is submitted and approved, which
shows progression is not adversely affected.
For orderly development.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0372
9. Provide waiver of direct access and complete 6' concrete block wall (if needed) per city
standards along the south right of way line of the connecting street to Allen Road from the
east boundary the GPA /ZC area to Allen Road.
For orderly development.
10. A traffic impact analysis dated September 21, 2012 was prepared by McIntosh & Associates
for the project site. There is a 25 peak trip increase compared to the existing use for the
property. This increase is less than the 50 peak hour trips that would trigger the need for a
traffic study per Section 6.2.1 of the Subdivision Design Manual due to its minimal impact. We
recommend that the development be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program.
Mitigation for Traffic Impacts.
Plannina
11. Prior to recordation of the final map(s) for the subject property, the subdivider /applicant shall
pay an in -lieu fee based on a park land dedication requirement of 2.5 acres per 1000
population in accordance with Chapter 15.80 of the Bakersfield Municipal Code, based on
the dwelling units approved by this General Plan Amendment. However, if the number of
dwelling units increases or decreases upon recordation of a final map(s), the park land
requirement will proportionately change accordingly.
For impacts to Recreation and Park services.
12. The entire area covered by this General Plan Amendment and Zone Change area shall not
exceed 200 dwelling units.
For orderly development.
13. Any building constructed along the north side of Alyssa Marie Avenue (TTM 6921) shall not
exceed one -story.
For orderly development.
Parks
14. Developer /applicant shall, at the time of issuance of a building permit, pay all development
fees at the rate in effect at time of the vesting of the map for the type of dwelling units
subject to the permit.
For orderly development.
NOR Parks
15. Prior to recordation of a final map, the subdivider shall provide the Planning Department
written proof /verification from North of the River Recreation and Park District that said project
is within the NOR Park Maintenance District.
For orderly development.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 12 -0372
16. Prior to recordation of a final map, the subdivider shall contact North of the River Recreation
and Park District. It is recommended the subdivider contact the District at least 2 or 3 months
prior to the expected date of recordation.
For orderly development.
City Attorney
17. 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\ 12- 0372 \Conditions Ex A.docx
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Page 5 of 5
Exhibit B
General Plan Amendment Location Map
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