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
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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).
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ORiGiNAL
EXHIBIT B
Map
ORIG!NAL
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ORIGINAL