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HomeMy WebLinkAboutRES NO 282-04282-04 RESOLUTION NO. RESOLUTION MAKING FINDINGS, UPHOLDING THE DECISION OF THE PLANNING COMMISSION, DENYING THE APPEAL AND APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04- 0436 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF ALFRED HARRELL HIGHWAY, EAST AND WEST OF LAKE MING ROAD/MASTERSON STREET. (Ward 3). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public headng on MONDAY, SEPTEMBER 13, 2004, and THURSDAY, SEPTEMBER 16, 2004, on Case No. 04-0436 of a proposed amendment to the Land Use Element of the Genera[ 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. 04-0436 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0436: Ray Lechuga, the Keith Company for REDDY MALLADI & MALLADI P. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from GC (General Commercial) to LR (Low Density Residential), HMR (High Medium Density Residential), and OS (Open Space) on 108 acres. The project site is located south of Alfred Harretl Highway, east and west of Lake Ming Road; 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 fodh 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. 118-04 on September 16 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-0436 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 headng on WEDNESDAY, OCTOBER 20, 2004, on the above described General Plan Amendment No. 04-0436 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, there was been an appeal to the decision of the Planning Commission, which includes environmental issues. WHEREAS, the environmental issues raised were discussed at the Planning Commission meeting on September 16, 2004; 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 prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 04-0436 is hereby recommended for approval. The General Plan Amendment 04-0436 is hereby approved from GC (General Commercial) to LR (Low Density Residential), HMR (High Medium Density Residential) and OS (Open Space) on approximately 108 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 appeal has been address adequately and the decision of the Planning Commission is upheld. 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 04-0436 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from GC (General Commercial) to LR (Low Density Residential), HMR (High Medium Density Residential), and OS (Open Space) on approximately 108 acres, as recommended by staff and shown on attached map in Exhibit "B", located south of Alfred Harrell Highway, east and west of Lake Ming Road/Masterson Street, 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. 04-0436 is hereby approved and adopted. The report of the Planning Commission, including maps and all repods and papers relevant thereto, transmitted bythe Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. ORIG!NAL The City Council hereby upholds the decision of the Planning Commission and denies the appeal. The City Council hereby approves and adopts General Plan Amendment No. 04- 0436 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 for[h, for properly generally located south of Alfred Harrell Highway, east and west of Lake Ming Road, subject to conditions of approval shown on Exhibit "A. That Case No. 04-0436, approved herein, be combined with other approved cases in this general plan amendment cycle described in separate resolutions, to form a single Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. This Resolution shal~ not become effective until November 3, 2004, at such time as other Genera~ Plan Amendments are reviewed by the City Council of the City of Bakersfield. ......... 000 ........ ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed a0~ ~dgpt. ed by the Council of the City of Bakersfield at a regular meeting thereof held on 0[;1 g 0 2004 , b.~.~b~ollowi ng ~' /- .~ ~-' ~- .- ~ vote:  COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO : COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER PAMELA A. McCARTHY, CI~I'~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 00t 2 0 2004 APPROVED as to form: VIRGINIA GENNARO City Attomey Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 3rd 2004\04-0436\Resolutions\res,gpa_cc.doc 4 ORIGINAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-0436 AIR QUALITY MEASURES The developeflcontractor of the GPA site shall submit, at the time of building permit, a letter agreeing to the following air quality mitigation measures: A) Mitigation measures for fugitive dust emissions: a. The developer shall water exposed surfaces (soil) three-times/day. b. The developer shall water all haul roads (unpaved) three-times/day. The developer shall ensure that all vehicles (as defined under Rule 8011)do not exceed a speed of 15 miles per hour on unpaved roads. The developer shall stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. The developer shall control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. When transporting materials off-site, the developer shall maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. The developer shall limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes shall be prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions. The use of blowers is expressly prohibited.) The developer shall stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. The developer shall remove trackout when it extends 50 or more feet from the site at the end of each workday. The developer shall cease grading activities during periods of high winds (greater than 20 mph over a one-hour pedod). For all asphalt-concrete paving, the developer shall comply with SJVAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. OR!G!NAL Exhibit A Conditions of Approval GPA/ZC 04-0436 Page 2 B) Mitigation measures proposed for construction equipment e)d~aust: The developer shall propedy and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. The developer shall use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. The developer shall curtail the use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. C) Mitigation measures proposed to reduce vehicular miles traveled: The developer shall construct a 60-space Park and Ride Lot, within the area designated as Commercial. The Park and Ride Lot shall be constructed with the first development in the Commemial area. b. The developer shall provide Golden Empire Transit (GET) route signage when transit routes incorporate the development. (Mitigation Measure) ARCHAEOLOGICAL No amhaeological resources were identified on the project site, however, should archaeological resources be encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation and any measures shall be compiled with at that time. (Mitigation Measure). Prior to land disturbance, the developer of the GPA site shall conduct Kit Fox clearance surveys to determine if active Kit Fox dens are present. Provisions of the Metropolitan Bakersfield Habitat Conservation Plan shall be followed with respect to dens if found. Additionally, the site shall be surveyed for Blunt-Nosed Leopard Lizards and if found a mitigation program satisfactory to the California Department of Fish and Game shall be implemented. (Mitigation Measure). The developer shall pay the Regional Transportation Impact Fee in accordance with the City Public Works Department. (Mitigation Measure). Exhibit A Conditions of Approval GPA/ZC 04-0436 Page 3 If human remains are discovered or identified on the project site at any time or during site disturbance, 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 Resources Code, which detail the appropriate actions necessary for addressing the find) and the local Native Amedcan community shall be notified immediately. (Mitigation Measure). Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Lake Ming Road and Masterson Street to Artedal 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. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The study shall be approved and any required retention site and necessary easements dedicated to the City. (Public 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. Works Condition). Access to the Lake Ming Road and Masterson Street 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. (Public Works Condition). The ownership of the land does not include any rights of ingress or egress to or from Alfred Harrell Highway, with those rights having been purchased with the dght of way. All access to the site shall be fi.om Lake Ming Road. (Public Works Condition). Emergency access from the site will not be allowed to Alfred Harrell Highway. (Public Works Condition). This area is part of the Specific Parks and Trails Plan for Northeast Bakersfield and shall meet the requirements of the plan. With the first subdivision east of Masterson Street, a plan for implementation of the trail system east of Masterson Street shall be provided. With the first subdivision west of Masterson Street, a plan for implementation of the trail system and staging area west of Masterson Street shall be provided. (Public Works Condition). P- m Exhibit A Conditions of Approval GPA/ZC 04-0436 Page 4 11. 12. 13. 14, 15. 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 Distdct 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. (Public Works Condition). A traffic analysis dated July 16, 2004 was prepared by Katz, Okitsu & Associates showing a reduction in tdp generation (1,968 PM peak tdps) was found to be acceptable. The higher allowable density is accounted for in the Transportation Impact fee program, which provides full mitigation. Therefore, since this change would constitute a reduction in tdp generation the mitigation provided for in the fee program will provide adequate mitigation. Consequently no traffic impact study would be necessary. We recommend that the development be required to pay into the adopted Regional traffic Impact Fee fixed rate program. (Public Works Condition). The Park & Ride Lot shall have 60-spaces and meet the requirements of a commercial zoned parking lot which includes but is not limited to the minimum landscaped setbacks and trees within the panking areas, (Planning Condition). The Park & Ride Lot shall be constructed dudng the first commercial development on the GPA area. Site plans for the first commercial development shall depict the design and location of the Park & Ride Lot. The 60-space Park & Ride spaces shall be in addition to the parking spaces required to meet ordinance standards for the proposed land uses. (Planning Condition). At the next tractJphase of development that represents 75% build-out of the GPA/ZC site the developer shall construct the "gap" street improvements on the south and west side of Alfred Harrell Highway between this GPAJZC project area and Tentative Tract No. 6347. The improvements shall be secured with an improvement agreement with the City Public Works Department. A portion of these improvements is eligible for transportation impact fee credit. (Condition). MO:djl S:\GPA 3rd 2004~)4-0438~N:lmin SR\Condi Exh A .doc ORiGiNAL EXHIBIT B Map ORIG!NAL i i,i Z i,i ORIGINAL