HomeMy WebLinkAboutRES NO 283-04RESOLUTION NO. 2 8 3 ' 0 '~
RESOLUTION MAKING FINDINGS, UPHOLDING THE
DECISION OF THE PLANNING COMMISSION AND
APPROVING NEGATIVE DECLARATION AND ADOPTING
GENERAL PLAN AMENDMENT CASE NO. 04-0848 OF
PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ALONG THE SOUTH SIDE OF MCKEE ROAD,
APPROXIMATELY 700 FEET EAST OF WIBLE ROAD. (Ward
7).
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, SEPTEMBER
13, 2004, and THURSDAY, SEPTEMBER 16, 2004, on Case No. 04-0848 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 Californiaq, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. 04-0848 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0848:
FLOYD HINESLEY applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of changes as follows: Land Use Designation
Amendment from R-IA (Resource-Intensive Agriculture) to LR (iow Density
Residential) on approximately 15 acres. The project site is located south side of
McKee Road, approximately 700 feet east of Wible 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 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. 123-04 on September 16 2004, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-0484 subject to conditions
and mitigation ~isted 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,
OCTOBER 20, 2004, on the above described General Plan Amendment No. 04-0848 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
WHEREAS, the applicant has appealed the decision of the Planning Commission,
specifically the wording of an added condition by the Planning Commission to promote orderly
development of McKee Road; and
WHEREAS, the Council has considered and hereby makes the fo~owing findings:
1. The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
2. That the applicant by prior written agreement agreed to comply with ai~ adopted
mitigation measures contained within the Negative Declaration.
3. That the Negative Declaration for General Plan Amendment No. 04-0848 is hereby
recommended for approval.
4. The General Plan Amendment 04-0848 is hereby approved to LR (Low Density
Residential) on approximately 15 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.
5. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
6. That the appeal by the applicant and the requested wording for improvements to
McKee Road will not promote ordedy development.
As to General Plan Amendment 04-0848 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to
the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low
Density Residential) on approximately 15 acres, as requested by the applicant and
shown on attached map in Exhibit "B", located along the south side of McKee Road
approximately 700 feet east of Wible Road, the Planning Commission hereby
recommends adoption of such Land Use Element Amendment of the Metropolitan
Bakersfield General P~an, 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. 04-0848 is hereby
approved and adopted.
The repod of the Planning Commission, including maps and all reports and
papers relevant thereto, transmitted bythe Secretary of the Planning Commission
to the City Council, is hereby received, accepted and approved.
The City Council hereby upholds the decision of the Planning Commission and
denies the appeal.
ORIGiNAl
The City Council hereby approves and adopts General Plan Amendment No. 04-
0848 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 properly
generally located along the south side of McKee Road, approximately 700 feet
east of Wible Road, subject to conditions of approval shown on Exhibit "A".
That Case No. 04-0848, 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 shall not become effective until November 3, 2004, at such time
as other General Plan Amendments are reviewed by the City Council of the City of
Bakersfield.
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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_OCT 2 0 2004 "--'
by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAG~ARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CM~
CiTY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED OCT ;~ 0 Z004
HARVEY L. HALL
MAYOR of the City of BakersfiE
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attached: Exhibit A - Conditions of Approval
B - Map
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 04-0848
The developeflcontractor of the GPNZC site shall submit, at the time ofbuilding 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.
c)
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.
d)
The developer shall stablize 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.
e)
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.
f)
When transporting materials off-site, the developer shall maintain a fi-eeboard
limit of at least 6 inches and cover or effectively wet to limit visible dust
emissions.
g)
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.)
h)
The developer shall stablize the surface of storage piles following the addition
or removal of materials using water or chemical stablizer/suppressants.
i)
The developer shall remove trackout when it extends 50 feet, or more, from
the site at the end of each workday.
J)
The developer shall cease grading activities dudng periods of high winds
(greater than 20 mph over a one-hour pedod).
k)
For all asphalt-concrete paving, the developer shall comply with SJVAPCD
Rule 4641 and restdct the use of cutback, slow-cure and emulsified asphalt
paving materials.
o
OIRIG!NAL
Exhibit A
Conditions of Approval
GPNZC 04-0848
Page 2
Mitigation measures proposed for construction equipment exhaust:
a)
The developer shall properly and routinely maintain all 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 use electdc equipment for construction whenever possible in
lieu of diesel or gasoline powered equipment.
d)
The developer shall curtail the use of high-emitting construction equipment
during pedods of high or excessive ambient pollutant concentrations such as
"Spare-the-Air" days as declared by the SJVAPCD.
ROG Mitigation: The developer shall only use water-based paints for all construction
phases on the project site.
The criteda pollutant most affected by proposed mitigation measures will be PM~o. As
the project will be completed in compliance with San Joaquin Valley Air Pollution Control
Distdct (SJVAPCD) Regulation VIII, dust control measures will be taken to ensure
compliance specifically dudng grading and construction phases. The mitigation
measures to be taken are as follows:
a. Water exposed surfaces (soil) three-times/day.
b. Water all haul reads at a minimum of three times per day.
c. Reduce speed on unpaved roads to less than 15 miles perhour.
Stabilize all disturbed areas, including storage piles, which are not being actively
utilized for construction purposes using water, chemical stabilizers or by covedng
with a tarp, other suitable cover or vegetative ground cover.
Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut & fill operations with application of water or by
presoaking.
When transporting materials offsite, maintain a freeboard limit of at least six inches
and cover or effectively wet to limit visible dust emissions.
Limit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end or each workday. (Use of dry rotary brushes is prohibited
except when preceded or accompanied by sufficient wetting to limit visible dust
emissions and use of blowers is expressly forbidden).
ORIG!I*~AL
Exhibit A
Conditions of Approval
GPA/ZC 04-0848
Page 3
Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizers/suppressants.
Remove trackout when it extends 50 or more feet from the site at the end of each
workday.
Cease grading activities during periods of high winds (greater than 20 mph overa
one-hour pedod).
k. Asphalt-concrete paving shall comply with the SJVUAPCD Rule 4641 and restrict
use of cutback, slow-cure and emulsified asphalt paving materials.
The Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI), January 10, 2002
Revision, guidance document lists the following measures as approved and
recommended for construction activities within the San Joaquin Valley as follows:
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended pedods of time.
Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
Curtail 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 SJVUAPCD.
Encourage construction employees to carpool or use shuttle to retail
establishments at lunch.
The URBEMIS emissions modeling program provides reductions attributable to a project
to reduce long term Area Emissions from the completed project. The Developer
proposes to install the following amenities that will result in lower long term Area
Emissions from the completed project:
Provide transit shelters/benches, signs, displays and tumouts (when local Transit
Authorities incorporate the project site into local transit routes).
b. Provide street lighting.
c. Provide pedestrian safety designs/infrastructure at crossings.
d. Provide pedestrian signalization and signage when and where appropriate.
(Mitigation Measure).
ORIGiNAl
Exhibit A
Conditions of Approval
GPNZC 04-0848
Page 4
No archaeological resources were identified on the project site, however, prior to ground
disturbance a qualified archaeologist shall conduct a field survey of the entire parcel. Any
measures by the archaeologist shall be complied with at that time. (Mitigation Measure).
The developer of the project site shall be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing
densities and therefore, will do so due to the minor increase. (Mitigation Measure).
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 McKee Road to Collector Standards for the full
frontages of the area within the GPA request. Dedications shall include sufficient widths
for expanded intersections 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 1 sump 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 system's capability to
accept the additional flows to be generated through development under the new land
use and zoning.
(Public Works Condition).
Access to the artedal 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. (Public Works Condition).
ORIGINAL
Exhibit A
Conditions of Approval
GPNZC 04-0848
Page 5
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).
Atdp generation analysis dated June 16, 2004 was prepared by Porter-Robertson Engineering
justifying that no detailed traffic study is required. The analysis shows the change will result in
an insignificant increase potential tdp generation which is below thresholds established by the
City and Caltrans. We concur with the findings of the analysis and recommend that the
development be required to pay into the adopted Regional Traffic Impact Fee fixed rate
program. The fee program improvements mitigate impacts of the existing densities and therefore
will do so due to the minor increase. (Public Works Condition).
Since the parcel along the eastem portion of the project site was added by City staff and the
property owner has no intention of further development of the parcel and the development of the
western portion of the site and the area to the east is eminent, the improvement of McKee Road
along the frontage of the adjoining property to the east will be required with the development of
the property within this GPNZC area. These improvements will include curb, gutter, sidewalk
and pavement tie-in and will be done with the other improvements on McKee Road. If
necessary, the City will assist in obtaining the right-of-way for the applicantJdeveloper of the
GPNZC area. These improvements to McKee Road are required for ordedy development in the
area. (Public Works Condition).
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ORIGINAL
EXHIBIT B
Map
ORIGINAL
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