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Home My WebLink AboutRES NO 238-04RESOLUTION NO. 2 8 8 - 0 4 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-0423 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE, GENERALLY EAST OF SOUTH UNION AVENUE. (GPA 04-0423). (1Nard 1). 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 MONDAY, JUNE 14, 2004, and THURSDAY, JUNE 16, 2004, on Case No. 04-0423 of a proposed amendment to the Land Use Element of the General Plan, 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, such General Plan Amendment No. 04-0423 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0423: SMITH TECH/USA INC. for ADAVCO applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from SR (Suburban Residential) to LR (Low Density Residential) on approximately 50 acres. The project site is located along the south side of Panama Lane, generally east of South Union Avenue; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration with mitigation was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 69-04 on June 16, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-0423 subject to conditions and mitigation listed in Exhibit "A" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; 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, August 18, 2004, on the above described General Plan Amendment No. 04-0423 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of time and place of the hearing having been given at least ten (10) calendar days before the headng 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 and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by pdor wdtten agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 04-0423 is hereby recommended for approval. The General Plan Amendment 04-0423 is hereby approved to LR (Low Density Residential) on approximately 50 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. As to General Plan Amendment 04-0423 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from SR (Suburban Residential) to LR (Low Density Residential) on approximately 50 acres, as requested by the applicant and shown on attached map in Exhibit "B", located along the south side of Panama Lane, generally east of South Union Avenue, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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. The Negative Declaration for General Plan Amendment No. 04-0423 is hereby approved and adopted. 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. The City Council hereby approves and adopts General Plan Amendment No. 04- 0423 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for properbj generally located along the south side of Panama Lane, generally east of South Union Avenue, subject to conditions of approval shown on Exhibit "A". 2 OR!GINAL That Case No. 04-0423, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. This Resolution shall not become effective until September 8, 2004, at such time as other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. 3 ORI. ,5 I 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 AUG by the following vote: COUNCiLMEMBER COUCH, CARSON, BEN~-AM, MAG~RD, HANSON, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ~'~, ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, C.~_C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 8 2004 APPROVED as to form: VIRGINIA GENNARO City Attomey Attached: ExhibitA- Conditions of Appmval B - Map MO:djl S:\GPA 2nd 2004\04-0423'tResolutJons~res,gpa_cc.doc 4 EXHIBIT A Conditions of Approval General Plan AmendmentJZone Change No. 04-0423 1. A qualified professional archaeologist shall conduct a field survey of the entire project ama, pdor to any ground disturbance activities. 2. If human remains were discovered during grading or construction activities, further work would be prohibited pumuant to Section 7050.5 of the California Health and Safety Code. If Native American remains am identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code detail the appropriate actions necessary for addressing Native American remains. 3. Intemection and street improvements which are needed by the year 2024 to maintain or improve the operational level of service of the street system in the vicinity of the project site am shown in Table 7 below. The table also identifies which improvements am not covered by the Regional transportation Impact Fee (RTIF) program and the project's percent sham for the cost of all non-RTIF (local mitigation) improvements. Intersection LOS with the mitigation improvements is shown in Tables 3, 4 and 4a below. The following am required for the project. Table 7 Future Improvements and Local Mitigation Total Improvements Local Mitigation Project % # Intersection Required by 2024 (Improvements not Share for Local covered by RTIF) Mitigation 5 Monitor St & Install Signal - - - 2.99% Panama Lane (7.54%) 6 Union Avenue & 1 EBL 1 EBL (Striping Only) 6.08% Panama Lane (13.63%) 7 Sparks St & Install Signal - 1 EBL, Install Signal - 1 NBL, 1.69% Panama Lane 1 WBL, 1 NBL, 1 SBL 1 SBL (1.69%) 8 Union Avenue & Install Signal - 1 EBL, 1 EBL, 1 WBL 1.51% Berkshire Road 1 WBL (2.6%) (%) Caltrans percent share calculation method. NB = Northbound SB = Southbound WB = Westbound EB = Eastbound L = Left-Turn Lane T = Through Lane R = Right-Turn Lane Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Exhibit A Conditions of Approval GPA/ZC 04-0423 Page 2 Table 3 PM Peak Hour Level of Service Unsignalized Intersections # Intersection Movement 2004 2004 + 2024 2024 + 2024 + Project Project Project w/Mitigation 1 5 Monitor Street & Overall D E F F B Panama Lane Intersection 7 Sparks Street & NB ...... F F C Panama Lane SB ...... F F 8 Union Avenue & EB B C F F B Berkshire Road WB ...... F F 1 See Table 7 for mitigation improvements. Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Table 4 PM Peak Hour Level of Service Signalized Intersections # Intersection 2004 2004 + 2024 2024 + 2024+ Project Project w/Mitigation 1 1 Union Ave & Fairview Road B B B B - - - 2 SR99SB & Panama Lane B B B C --- 3 SR99 NB& Panama Lane A A A A --- 4 H St & Panama Lane C C C C --- 6 Union Ave & Panama Lane D D D D C 1 See Table 7 for mitigation improvements. Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Table 4a AM Peak Hour Level of Service Signalized Intersections # Intersection 2004 2004 + 2024 2024 + 2024 + Project Project Project W/Mitigation 1 2 SR 99 SB & Panama Ln B B B B - - - 3 SR99 NB& Panama Ln A A A A --- 1 See Table 7 for mitigation improvements. Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Exhibit A Conditions of Approval GPA/ZC 04-0423 Page 3 4. Propedy and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. 5. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. 6. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. 7. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. 8. Curtail construction dudng pedods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 9. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. 10. All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. 11. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. 12. When materials are transported offsite, all matedal shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. 13. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). 14. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized or fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. 15. Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. Exhibit A Conditions of Approval GPA/ZC 04-0423 Page 4 16. any site with 150 or more vehicle tdps per day shall prevent carryout and trackout. 17. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control Distdct Rule 4641 and restdct the use of cutback, slow-cure and emulsified asphalt paving materials. 18. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour pedod). 19. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. 20. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 21. Prior to submittal of any improvement plan for of any development for the site, the following shall occur: a. Provide fully executed dedication for Panama Lane and South Union Avenue to arterial standards for the full frontages of the area within the GPA request. 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. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than two (2) sumps may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPNZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Submit verification to the City Engineer of the existing sewer systam's capability to accept the additional flows to be generated through development under the new land use and zoning. 22. Access to the arterial and collector streets will be limited and determined at 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. 23. A right turn deceleration lane will be required north bound on Union Avenue at Panama Lane. An additional east bound lane will be required on Panama Lane from Union Avenue to the site. Exhibit A Conditions of Approval GPA/ZC 04-0423 Page 5 24. 25. 26. 27. 28. 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 Consolidate 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. The developer shall pay the proportionate share of the following mitigation measures as indicated in Table 7 above (in condition item No. 3) also found in the Traffic Study for the project. Union Avenue/Panama Lane - add east bound left turn lane (striping only), 13.63% project share. Sparks Street/Panama Lane - install signal, add north and south bound left turn lanes, 1.69% project share. Berkshire Rd/Union Ave - add east and west bound left turn lanes, 2.60% project share Pdor to development or recordation of any subdivision the project engineer shall prepare, and have approved, an estimate and fee schedule for these local mitigation items. The developer shall pay the standard residential fees, as adopted at time of development. The developer of the GPA/ZC site shall, during any development of the site, construct curb, gutter & sidewalk along the south side of Panama Lane, between the project site and South Union Avenue. The City Public Works Department shall assist the developer in any eminent domain procedures, should the developer not be allowed to construct these improvements on the properly. (Planning Commission Condition). MO:djl S:\GPA 2nd 2004~04-0423~.dmin SR~EXHIBIT A Conditions of app.doc ORIGINAE Z LU 5 5 5 5 5 5 EXHIBIT NO..~._~