Loading...
HomeMy WebLinkAboutRES NO 256-04RESOLUTION NO. ~ 5 6 ' 0 Z~ A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 04-0431 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ON THE NORTH SIDE OF STOCKDALE HIGHWAY, BETWEEN ALLEN ROAD AND JEWETTA AVENUE. 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, JUNE 17, 2004, on GPA 04-0431 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given twenty (20) calendar days before said hearing by publication in the Bakersfield Californian. a local newspaper of general circulation; and WHEREAS, GPA 04-0431, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0431. Castle & Cooke California, Inc. has proposed to amend the Land Use Element of the Metropolitan Bakersfield General Plan by changing the land use map designation from LR (Low Density Residential) to OC (Office Commercial) on 19.24 acres and HR (High Density Residential) to OC (Office Commercial) on 20.57 acres.; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures are adopted for potential impacts to air quality, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on May 28, 2004, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, by Resolution No. 79-04 on June 17, 2004, the Planning Commission approved Case No. GPA 04-0431, as shown in Exhibit "A", and this Council has fully considered the findings 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, September 8, 2004, on the above described Case No. GPA 04-0431 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 hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 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 Negative Declaration, with mitigation measures, for GPA 04-0431 is hereby adopted. The City Council hereby approves and adopts Case No. GPA 04-0431 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "A", with conditions of approval/mitigation measures as provided in Exhibit "B", attached hereto and incorporated as though fully set forth, for property located on the north side of Stockdale Highway, between Allen Road and Jewetta Avenue. The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is hereby adopted. ......... 000 ........ 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 September 8, 2004, by the following vote: 2 p- m ORiG',NAL ABSTAIN: ABSENT: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARO, SALVAGGIO, SULLIVAN COUNC LMEMBER. COUNCILMEMBER COUNClLMEMBER PAMELA A. McCARTHY(/~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HMAay/~or EofYthL; ~iAt~Lof Bake rsfy APPROVED as to form: VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval/Mitigation Measures Exhibit C- Mitigation Monitoring Plan 3 EXHIBIT A ALLEN ROAD I'FI Z I'F1 iI IT! Z ITl Z (b~ ~ AK~'~d~ © ORiGiNAL EXHIBIT B GPA/ZC NO. 04-0431 CONDITIONS OF APPROVAL/MITIGATION MEASURES PUBLIC WORKS: Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Stockdale Highway, Jewetta Avenue and Allen Road, to arterial and collector standards for the full frontages of the area within the GPA request. Dedicate a right turn lane on Allen Road for Kettering. 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. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 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. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated development under the new land use and zoning. through 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. 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 area encompassed by the General Plan Amendment is subject to a median reimbursement per Agreement No. 00-292. Said median payment shall be made to the City of Bakersfield prior to recording any final map or approval of any Site Plan Review with frontage on Stockdale Highway. If there are multiple maps or Site Plan Reviews with frontage on Stockdale Highway, then the median payments may be apportioned by the amount of frontage. PLANNING: 5. Lighting/Glare: a) The developer shall design exterior elevations and facades with minimum use of glazing, mirrors and reflective materials or colors. Low-wattage security lighting directed away from light sensitive uses shall be utilized, and shall be shielded so that all direct rays are confined to the site. b) Parking lot lighting shall be provided pursuant to Section 17.58.060 A of the Municipal Code. Lights shall be designed, arranged, and shielded to reflect away from adjacent residential properties, public parks, and streets with illumination evenly distributed across the parking area. 6. Landscaping: a) Mature and dense trees shall be installed all along Stockdale Highway, Allen Road and Jewetta Avenue. Mature and dense shall mean not less than 41 thirty-six inch (36") box trees and 42 twenty-four inch (24") box trees. Not less than 50% of said trees shall be trees, which are non- deciduous in nature. 7. Meandering Sidewalks: a) Developer shall construct meandering sidewalks with berming (not to exceed 4' in height) along Stockdale Highway, Jewetta Avenue, and Allen Road. Hedges above berms where necessary to screen parkway. 8. Building Setbacks: a) Buildings shall be set back from the property line with a minimum of 25 feet from Stockdale Highway, Jewetta Avenue, and Allen Road. b) Buildings shall be oriented towards Stockdale Highway and Allen Road with parking oriented north of the buildings along Stockdale Highway and east of the buildings along Allen Road. This concept is a guideline, parking may be allowed between buildings and as needed to accommodate specific site design criteria. ORIGINAL 10. 11. 12. Building Height: a) Building heights and setbacks shall be in accordance with ordinance, except buildings located within 100 feet of residences shall not exceed a maximum height of 35 feet or 2 stories. Building height shall be identified on the Site Plan and any other plans submitted to the City of Bakersfield. Signage: a) A comprehensive sign plan shall be required to be approved by the City Planning Commission prior to building permits being issued, and shall be complementary to signage at both The Crossings shopping center and the Brighton Community. All freestanding signs proposed for the project shall be monument signs only, spaced along Stockdale Highway, Allen Road and Jewetta Avenue frontage. Design Theme: a) Corner monumentation for the intersection at Stockdale Highway and Allen Road, and Stockdale Highway and Jewetta Avenue shall be submitted to and approved by the Planning Director to ensure screening of the corner commercial development and compatibility of landscape treatment for the park and commercial entry on the east side of the Jewetta Avenue intersection. b) A common architectural or design theme shall apply to the entire site. Exterior walls of buildings shall be of masonry, concrete, glass, stucco, and / or drivitt construction, incorporating a mixture of at least two (2) exterior materials, utilizing enriched textures, and employing an overall color scheme. At least one of the exterior materials shall be brick construction. Building exteriors shall incorporate adequate usage of exterior glass, provided, however, that approximately one-half (1/2) of the building exterior shall be constructed of the non-glass materials as specified herein. Aesthetics: a) Prior to issuance of building permits, the project applicant shall prepare landscape plans for the project area to provide visual relief from project structures. b) Prior to issuance of building permits, the project applicant shall outline specifications for outdoor lighting locations and other intensely lighted areas. The specifications shall identify minimum lighting intensity needs and design lights to be directed towards intended uses. Methods to reduce lights shall include Iow-intensity light fixtures and hooded shields. ORiGINA~ c) 13. Parking lot security lighting shall be provided by no more than 40,000 lumen lamp poles, except that within back of buildings the lighting shall be limited to 22,000 lumen lamp poles, which shall be limited in height to 20 feet. The following mitigation measures for fugitive dust emissions shall be implemented: a) For all disturbed areas, including storage piles, which are not being actively utilized for construction purposes, the developer shall effectively stablize dust emissions using water, chemical stablizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) For all onsite unpaved roads and offsite unpaved access roads, the developer shall effectively stablize of dust emissions using water or chemical stablizer/suppressant. c) For all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities, the developer shall effectively control fugitive dust emssions utilizing application of water or by presoaking. d) When materials are transported offsite, the developer shall ensure that it is 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. e) For all operations, the developer 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 prohibted except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly prohibited). f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, the developer shall ensure that said piles are effectively stablized of fugitive dust emissions utilizing sufficient water or chemical stablizer/suppressant. g) The developer shall ensure that trackout is immediately removed when it extends 50 feet, or more, from the site and at the end of each workday. h) When any site has 150 or more vehicle trips per day, the developer shall prevent carryout and trackout. i) The developer shall ensure that all asphalt-concrete paving complies with San Joaquin Valley .Air Pollution Control District Rule 4641. The developer 14.) 15,) shall also restrict the use of cutback, slow-cure and emulsified asphalt paving materials. J) The developer shall cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). k) The developer shall limit construction-related vehicle speeds to 15 mph on all unpaved areas on the project site. The developer shall implement carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. The following mitigation measures for mobile source emissions shall be implemented: a) The developer shall incorporate sidewalks throughout the project, with adequate safety signage and appropriate lighting (required by ordinance). b) The developer shall pay ali traffic mitigation fees as required by Ordinance. If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall be halted in the area of the find and a qualified professional archaeologist shall be hired to assess the resource. o ~ ORIGINAL EXHIBIT C General Plan Amendment No. 04-0431 Mitigation Monitoring and Reporting Checklist No. VERiFICATiON OF COMPLIANCE Meaitoting and PS~ Mitigation Measure Rep0rtJng Mo~itoting Respensible Process Milestone for Monitoring Initials Date Remarks (1 ) The following mitigation measures for construction Construction Construction Planning equipment exhaust shall be implemented: Review Approval Department a) The developer shall propedy and reutinety maintain ati construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) The developer shall encourage ride sharing and use of transit transportation for construction employee communting to the project site. d) The developer shall use electdc equipment for construction whenever possible in lieu of fossil fuel- tired equipment. e) The developer shall curtail construction during pedods of high ambient pollutant concentrations; this may include ceasing of construction activity dudng the peak-hour of vehicular traffic on adjacent roadways. (2) The following mitigation measures for fugitive dust emissions shall be implemented: a) For all disturbed areas, including storage piles, which are not being actively utilized for construction purposes, the developer shall effectively stabtize dust emissions using water, chemical stabtized suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) For all on.site unpaved roads and offsite unpaved access roads, the developer shall effectively stablize of dust emissions using water or chemical stablizer/suppressant. c) For ail land clearing, grubbing, scraping, excavation, [and leveling, grading, cut and flti, and demolition activities, the developer shall effectively conffol fugitive dust emssions utilizing application of water or by presoaking. d) When materials are transported offsite, the developer shall ensure that it is 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. e) For all operations, the developer shall limit or expeditiously remove the accumulation of mud or Ok ORIGINAL dirt from adjacent public streets at the end of each workday. (The use of dP/rotary brushes is expressly prohibtsd except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly prohibited). f) Foilowing the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, the developer shaJI ensure that said piles are effectively stablized of fugitive dust emissions utilizing sufficient water or chemical stablizer/suppressant. g) The developer shall ensure that trackout is immediately removed when it extends 50 feet, or more, from the site and at the end of each workday. h) When the construction site has 150 or more vehicle trips per day, the developer shall prevent carryout and trackout. i) The developer shall ensure that ail asphalt- concrete paving complies with San Joaquin Valley Air Pollution Control Disthct Rule 4641. The developer shall also resthct the use of cutback, slow-cure and emulsified asphalt paving materials. j) The developer shall cease grading activities during pedods of high winds (greater than 20 mph over a ooe-hour period). k) The developer shall limit construction-relatad vehicle speeds to 15 mph on all unpaved areas on the project site, I) The developer shall implement carryoutJtrac~out mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. The following mitigation measures for mobile source emissions shall be implemented: a) The developer shall incorporate sidewa[ks throughout the project, with adequate safety signage and appropriate lighting (required by ordinance). b) The developer shall pay all traffic mitigation fees as required by Ordinance. u, ~i,,_, ,fAL