HomeMy WebLinkAboutRES NO 284-04RESOLUTION NO. 2 8 ~:" 0 '~
A RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, UPHOLDING THE APPEAL,
AND APPROVING GENERAL PLAN AMENDMENT CASE
NO. GPA 04-0870 OF THE PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF
PALADINO DRIVE AND EAST OF MORNING DRIVE.
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,
September 16, 2004, on GPA 04-0870 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 (30) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, GPA 04-0870, a requested amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0870. Griffin Industries (owner: David Afana)
has proposed an amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan to change the land use map designation from R-MP
(Resource-Mineral and Petroleum) to LR (Low Density Residential) on 134 acres
of land. The project site is currently zoned R-1 (One-Family Dwelling); 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 cultural resources, air quality,
and transportation and traffic, and, therefore, a Negative Declaration with mitigation measures
was prepared and posted on August 14, 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. 125-04 on September 16, 2004, the Planning
Commission denied Case No. GPA 04-0870, 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 decision of the Planning Commission was appealed by the applicant.
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 Case No. GPA 04-0870 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
rtl
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 04-0870 is hereby
adopted.
4. The appeal by the applicant is hearby upheld.
The City Council hereby approves and adopts Case No. GPA 04-0870 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
south of Paladino Drive and east of Morning Drive.
The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is
hereby adopted.
......... O00 ........
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 October 20, 2004, by the
following vote:
2
ABSTAIN:
ABSENT:
COUNCILMEMBER BENHAM, CAR'~ON, COU~'H, HAN~N, MAG'~ARD, SAL~-AGGIO, SULLIVAN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L.
HALL f
~ of Bakersfield
Mayor of the Cit~
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
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EXHIBIT A
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EXHIBIT B
GPA NO. 04-0§70
CONDITIONS OF APPROVAL/MITIGATION MEASURES
PUBLIC WORKS:
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 Paladino Drive and Morning Drive to
Arterial 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.
A portion of the area is within the Breckenridge Planned Drainage Area.
Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. The southern half of this area is within a proposed PDA.
However, the new zoning will require the sump size to increase. A sump is
required for the northern half of the site and the study will determine if the
southern side can be served by the PDA. 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 GPA/ZC 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 through development
under the new land use and zoning.
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.
4)
Prior to issuance of any building permit, the developer shall pay the proportionate
share of the following mitigation measures:
Project Share of
Intersections Mitiqation Mitiqation (%)
New Collector Install Signalize -
and Paladino Dr. 1 NBL, 1 SBL 7.99%
Vineland Road 1 NBL,
and Paladino Dr. 1 SBL 5.45%
Morning Dr. and 1 EBL,
Panorama Dr. 1 WBL 17.55%
Fair[ax Rd and
Auburn St.
1 EBL, 1 EBR
1 WBL, 1 NBL 5.22%
Prior to development or recordation of any subdivision the project engineer shall
prepare, and have approved, an estimate and fee schedule for these local
mitigation items.
Regional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development, for the
residential portions.
PLANNING:
6.)
The following mitigation measures for construction equipment exhaust shall be
implemented:
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 encourage ride sharing and use of transit
transportation for construction employee communting to the project site.
d)
The developer shall use electric equipment for construction whenever
possible in lieu of fossil fuel-fired equipment.
e)
The developer shall curtail construction during periods of high ambient
pollutant concentrations; this may include ceasing of construction activity
7.)
during the peak-hour of vehicular traffic on adjacent roadways.
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 did 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
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).
8.)
k)
The developer shall limit construction-related vehicle speeds to 15 mph on
all unpaved areas on the project site.
i)
The developer shall implement carryout/trackout mitigation measures, such
as gravel pads, in accordance with the requirements of the SJVAPCD
Regulation VIII.
Mitigation measures proposed for reducing ROG emissions:
a).
Prior to issuance of a grading permit for Phase 1, the developer shall
implement one or a combination of the following measures and/or
programs to result in a reduction of ROG emissions of at least 1.69 tons
per year.
Prior to the issuance of a grading permit for Phase 1, the subdivider
shall fully construct a project or projects approved by the City Public
Works Department that will result in the reduction of emissions as
described above. The improvements for said project must be
accepted by the Public Works Department prior to issuance of a
grading permit for Phase 1. The project selected shall be a project
that is not otherwise funded or constructed with the subject project
site. The developer is responsible for all costs to determine the
emission reductions associated with proposed Public Works
projects. This documentation shall be submitted to the Planning
Director prior to issuance of a grading permit for Phase 1. The
projects used for the reduction in emissions can include one or
more of the following types of projects:
A. Construction of a new, warranted signal.
Modification of an existing signalized intersection to add
additional left turn storage or dedicated right turn capability.
Mitigation programs such as, but not limited to the following, may
also be considered by the developer to achieve the same reduction
in emissions as described above.
A. Car crushing of older model cars.
Modification to stationary diesel engines, such as those
under agricultural use.
C. Modification of fleet vehicles and/or other mobile sources.
b).
If one or more of these programs is selected by the developer, proof of
compliance with these measures must be provided to the satisfaction of
the Planning Director prior to the issuance of a grading permit for Phase 1.
ORIGINAL
93
103
Proof of compliance may include documentation of the number, type and
year of cars crushed; location and type of engine modified, photo
documentation and quantification of emission reduction by the San Joaquin
Valley Air Pollution Control District or an air quality consultant.
Prior to submittal of any tentative parcel map or tract map, the developer shall hire
a qualified professional archaeologist to conduct a field survey for the entire
project site. The findings of said field survey shall be reported in a written format
and submitted for review and approval to the Planning Director of the City of
Bakersfield.
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 archaeologist shall be hired to assess the resource.
EXHIBIT C
GPA No. 04-0870
Mitigation Monitoring and Repoding Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring and PShy
Mitigation Measure Repo~ng Monitoring Responsible
process Milestone for Monitoring
Initials Date Remarks
(1) The developer shall pay the prop(~tionate share to Construction Construction Public Works
install a signal, I NBL, and I SBL at New Collector Review Approval Department
and Paladino Ddve at 7.99%.
(2) The developer shall pay the proportionate share to
install 1 NBL and I SBL at Vineland Rood and
Paladino Drive at 5.45%.
(3) The developer shall pay the prop(3'tionate share to
install 1 EBL and 1 WBL at Morning Drive and
Panorama Drive at 17.55%.
(4) The developer shali pay the proportionate share to
install 1 EBL, 1 EBR, I WBL, and 1 NBL at Fairfax
Road and Auburn Street at 5.22%.
(5) Prior to submittal of any tentative parcel map or tract Construction Construction Planning
map, the developer shall hire a qualified professional Review Approval Department
archaeologist to conduct a field survey for the entire
project site. The findings of said field survey shall be
reported in a written format and submitted for review
and approval to the Planning Director of the City of
Bakersfield.
(6)
If cultural resources, either historic or prehistoric, are
discovered during construction activities, all work
shall be haJted in the area of the find and a qualified
archaeologist shall be hired to assess the resource.
(7) The following mitigation measures for construction
equipment exhaust shall be implemented:
a) The developer shall propedy 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 encourage ride sharing and
use of transit transportation for construction
employee communting to the project site.
d) The developer shall use electric equipment for
construction whenever possible in lieu of fossil fuel-
fired equipment.
e) The developer shall curtail construction during
periods of high ambient pollutant concentrations; this
may include ceasing of construction activity dudng
the peak-hour of vehicoJar traffic o~
adjacent roodways.
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 stablized
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
ac, cornpanied 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/suppressa n t.
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 censtrucUon site has 150 or more
vehicle tdps per day, the developer shall prevent
carryout and trackout.
i) The developer shall ensure that all asphait-
concrete paving complies with San Joaquin Valley
Air Pollution Control District 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
dudng pedods of high winds (greater than 20 mph
over a o~e-hour period).
k) The developer shall limit construction-related
vehicle speeds to 15 mph on all unpaved areas on
the project site.
I) The developer shall implement carryoutYtrackout
mifigatioo measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD
Regulation VIII.
Mitigation measures proposed for reducing ROG
emissions:
a). Pdor to issuance of a grading permit for Phase 1,
the developer shall implement one or a combination
of the following measures and/or programs to result
in a reduction of ROG emissions of at least 1.69 tons
per year.
1. Prior to the issuance of a grading permit for
Phase 1, the subdivider shall fully construct a project
or projects approved by the City Public Works
Department that will result in the reduction of
emissions as described above. The improvements
for said project must be accepted by the Public
Works Department prior to issuance of a grading
permit for Phase 1. The project selected shall be a
project that is not otherwise funded or constructed
with the subject project site. The developer is
responsible for all costs to determine the emission
reductions associated with proposed Public Works
projects. This documentation shall be submitted to
the Planning Director pdor to issuance of a grading
permit for Phase 1. The projects used for the
reduction in emissions can include one or more of
the following types of projects:
Construction of a new, warranted signal.
B. Modification of an existing signalized intersection
to add additional left turn storage or dedicated right
turn capability.
2. Mitigation programs such as, but not limited to the
following, may also be considered by the developer
to achieve the same reduction in emissions as
described above.
A. Car crushing of older model cars.
B. Modification to stationary diesel engines, such as
those under agricultural use.
C. Modification of fleet vehicles and/or other mobile
b}. If one or more of these programs is selected by
the developer, proof of compliance with these
measures must be provided to the satisfaction of the
Planning Director pdor to the issuance of a grading
permit for Phase 1. Proof of compliance may include
documentation of the number, type and year of cars
crushed; location and type of engine modified, photo
documentation and quantification of emission
reduction by the San Joaquin Valley Air Pollution
Control District or an air quality consultant.