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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. ......... 000 ........ 3 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 MO:djl S:\GPA 3rd 2004\04-0848\Resolutions~res,gpa_cc.doc 4 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). MO:djl S:\GPA 3rd 2004\04-0848V~imin SR\Conditions EX A,doc ORIGINAL EXHIBIT B Map ORIGINAL 0 Z W W Z W OVO~I 5 OR!G!NAI.