HomeMy WebLinkAboutRES NO 054-05RESOLUTION NO. 0 5 4 '
RESOLUTION MAKING FINDINGS, APPROVING THE
MITIGATED NEGATIVE DECLARATION AND
ADOPTING GENERAL PLAN AMENDMENT 04-1346 OF
PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN.
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, DECEMBER 6, 2004 and THURSDAY, DECEMBER 9, 2004 on General
Plan Amendment 04-1346 of a proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 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 Californian, a local newspaper of general circulation; and
WHEREAS, such General Plan Amendment 04-1346 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as
follows:
General Plan Amendment 04-1346
and
Mclntosh & Associates has applied for a General Plan Amendment to
change the land use designation from RR (Rural Residential) to LR (Low
Density Residential) on 30 acres located along the North side of Taft
Highway/State Route-119 approximately 2,000 feet east of Ashe Road
and 2,300 feet west of Stine Road;
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 Mitigated Negative was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Mitigated 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. 203-04 on December 9, 2004 the Planning
Commission recommended approval and adoption of General Plan Amendment 04-1346
subject to conditions and mitigation measures listed on Exhibit A 2 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, March 9, 2005 on the above described 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 Council has considered and hereby makes the following
findings:
All required public notices have been given.
The provisions of the California Environmental Quality Act have been
followed.
3. The proposed project will not have a significant effect on the environment.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield
General Plan.
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
Sate of California 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, 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 Mitigated Negative Declaration for General Plan Amendment 04-
1346 is hereby approved.
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 City Council hereby approves and adopts General Plan Amendment
04-1346 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 1, attached hereto and incorporated as though
fully set forth, for property generally located along the north east corner of
Noriega Road and Old Farm Road subject to conditions of approval and
mitigation measures shown on Exhibit A 2.
2
That General Plan Amendment04-1346, approved herein, be combined
with other approved cases described in separate resolutions, to form a
single Land Use Element Amendment.
This Resolution shall not become effective until March 30, 2005, at such
time as the other General Plan Amendments in this cycle 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
.~.~ .~ ~ by the following vote:
AYES:
NOES:
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
PAMELA A. McCARTHY, (~C
CITY CLERK and Ex Officio'Clerk of the
Council of the City of Bakersfield
APPROVED MAR 9 2005
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBITS: (Attached)
A Resolution
I GPA Map
2 Mitigation/Conditions
S:\Dole\04-1346\CC GPA RESOLUTION.doc
Z
LO
Z
LO
EXHIBIT A 2
Mitigation
General Plan Amendment 04-1346
Planning
Cultural
If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
If cultural resources are unearthed during ground disturbance activities, all work
shall halt in the area of the find. A qualified professional archaeologist shall be
called in to evaluate the findings and make the appropriate mitigation
recommendations.
With submittal of a tentative map application, site plan review or grading plan,
whichever occurs first, a cultural resources field survey shall be provided to the
Planning Director.
Public Works
Prior to approval of any development plan, improvement plan for a tentative subdivision map,
or application for a lot line adjustment, the following shall occur:
a. Provide full dedication for Taft Highway to arterial standards and for Mountain Ridge
Drive (the mid-section road) to collector standards. Dedications shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the
City Engineer.
Provide a sewer study for the entire area covered by the GPNZC. This study shall also
cover any area between this GPNZC area and the nearest point of connection and shall
delineate the possible sewer service area and shall size the main line accordingly. The
developer shall aid in the formation of a Planned Sewer Area and may enter into an
oversizing agreement with the City of Bakersfield.
Provide a drainage study for the entire area covered by the GPA/ZC. This area is too
small (less than 80 acres) for its own dedicated sump - place the drainage sump on the
periphery to facilitate its expansion to serve adjoining properties. As an alternative, the
developer can propose a Planned Drainage Area to cover the southwest quarter of the
section, providing exhibits and calculations to facilitate the formation of the PDA and
constructing any required PDA facilities within the boundary of this development or
paying PDA fees as appropriate.
2. Normal full frontage improvements shall be required at time of development.
3. Pay the standard residential fees for the Regional Transportation Impact Fee, as adopted at
time of vesting of the development.
Site specific access shall be limited and shall be determined at time of subdivision review.
Medians or other approved means shall be required to facilitate limiting access.
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.
Department Of Conservation, Division of Oil and Gas
Staff recommends the following condition: If any previously unrecorded oil, gas,
injection or other well associated with oil, gas injection, etc. is uncovered, the developer
shall immediately notify the Division Office in Bakersfield and such division shall
determine the remedial action to be undertaken.
San Joaquin Valley Air Pollution Control District
Staff recommends that the applicant consult with the SJVAPCD and comply with all rules
applicable to this project.
Department of Transportation
Upon preparation of the first subject site tract map, the applicant shall dedicate the
additional right-of-way necessary for the subject site's portion of the 134 foot right-of-way
necessary for the planned six lane highway.
P:~04-1346\Exhibit A 2 Mit 12-21-04.doc
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-34)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (EXCLUSIVE
AGRICULTURE) TO R-I (ONE-FAMILY DWELLING) ON 30
ACRES GENERALLY LOCATED NORTH SIDE OF TAFT
HIGHWAY/STATE ROUTE-II9 APPROXIMATELY 2,000 FEET
EAST OF ASHE ROAD AND 2,300 FEET WEST OF STINE
ROAD (FILE # ZC 04-1346)
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of
the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing
on a petition to change the land use zoning of those certain properties in the City of Bakersfield
located along the north side of Taft Highway/State Route-Il9 approximately 2,000 feet east of
Ashe Road and 2,300 feet west of Stine Road; and
WHEREAS, by Resolution No. 204-04 on December 9, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve R-1 zoning as delineated on attached Zoning Map No. 123-34 marked Exhibit A, by
this Council and this Council has fully considered the recommendations made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a Mitigated Negative Declaration of
environmental impact and changes in zoning of the subject property from RR (Rural
Residential) to R-1 (One-Family Dwelling) and the Council has considered said findings and all
appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Mitigated Negative Declaration was advertised and posted on November
16, 2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows urban development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
Mitigation Measures shown on Exhibit No. B 2 are included in the project to
ameliorate impacts.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
The public necessity, general welfare and good planning practices justify the
amendment to Title Seventeen of the Municipal Code and Zoning Map No.
123-34.
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 Sate of California 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,
follows:
1.
2.
3.
SECTION 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration is hereby approved and adopted.
Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield
be and the same is hereby amended by changing the land use zoning of that
certain property in said City, the boundaries of which property is shown on
Zoning Map 123-34 marked Exhibit A 1 attached hereto and made a part hereof,
and are more specifically described in attached Exhibit A 3.
Such zone change is hereby made subject to the mitigation measures/conditions
of approval listed in attached Exhibit B 2, subject to approval of GPA 04-1346.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage.
......... O00 .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the
Council of the City of Bakersfield at a regular meeting thereof held on
MAR .q ?flN~ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, SENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 9 2005
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By:
EXHIBITS (Attached): B 1 Zone Change Map
B 2 Mitigation/Conditions
B 3 Legat
S:\Dole\04-1346\CC ~C Ord. DOC
3
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9~:1,-1~0 :I~)NVHO :INOZ
EXHIBIT B 2
Mitigation
Zone Change 04-1346
Planning
Cultural
1. If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
2. If cultural resources are unearthed during ground disturbance activities, all work
shall halt in the area of the find. A qualified professional archaeologist shall be
called in to evaluate the findings and make the appropriate mitigation
recommendations.
With submittal of a tentative map application, site plan review or grading plan,
whichever occurs first, a cultural resources field survey shall be provided to the
Planning Director.
Public Works
1. Prior to approval of any development plan, improvement plan for a tentative subdivision map,
or application for a lot line adjustment, the following shall occur:
a. Provide full dedication for Taft Highway to arterial standards and for Mountain Ridge
Drive (the mid-section road) to collector standards. Dedications shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed by the
City Engineer.
b. Provide a sewer study for the entire area covered by the GPAJZC. This study shall also
cover any area between this GPA/ZC area and the nearest point of connection and shall
delineate the possible sewer service area and shall size the main line accordingly. The
developer shall aid in the formation of a Planned Sewer Area and may enter into an
oversizing agreement with the City of Bakersfield.
c. Provide a drainage study for the entire area covered by the GPA/ZC. This area is too
small (less than 80 acres) for its own dedicated sump - place the drainage sump on the
periphery to facilitate its expansion to serve adjoining properties. As an alternative, the
developer can propose a Planned Drainage Area to cover the southwest quarter of the
section, providing exhibits and calculations to facilitate the formation of the PD^ and
constructing any required PDA facilities within the boundary of this development or
paying PDA fees as appropriate.
2. Normal full frontage improvements shall be required at time of development.
3. Pay the standard residential fees for the Regional Transportation impact Fee, as adopted at
time of vesting of the development.
4. Site specific access shall be limited and shall be determined at time of subdivision review.
Medians or other approved means shall be required to facilitate limiting access.
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 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.
Department Of Conservation, Division of Oil and Gas
Staff recommends the following condition: If any previously unrecorded oil, gas,
injection or other well associated with oil, gas injection, etc. is uncovered, the developer
shall immediately notify the Division Office in Bakersfield and such division shall
determine the remedial action to be undertaken.
San Joaquin Valley Air Pollution Control District
Staff recommends that the applicant consult with the SJV^PCD and comply with all rules
applicable to this project.
Department of Transportation
Upon preparation of the first subject site tract map, the applicant shall dedicate the
additional right-of-way necessary for the subject site's portion of the 134 foot right-of-way
necessary for the planned six lane highway.
p:'t04-1346~Exhibit B 2 Mit 12-21-04,dcc
EXHIBIT B 3
LEGAL
All that portion of Section 34, Township 30 South, Range 27 East, MD.M, in the
unincorporated area of the County of Kern, State of California, more particularly
described as:
The East half of the Southeast Quarter of the Southwest Quarter, and the West half of
the West half of the Southwest Qdarter of the Southeast Quarter of said Section 34.
Excepting therefrom the southerly 30.00 feet thereof.
Containing 29.32 acres, more or less
p :'¢ROJ ECTS\04020\LEGALS'~Exhibit-A-ANNEXAT ION .doc
EXHIBIT D
CORRESPONDENCE
DEP
RT I~1 E NT O F CON E RVATIO N
STATE OF CALIFORNIA
DIVISION OF OIL, GAS,
& GEOTHERMAL
RESOURCES
4800 STOCKDALE HWY
SUITE 417
BAKERSFIELD
CALIFORNIA
93309-2694
PHONE
661/322-4031
FAX
661/861 0279
[NTERNET
ARNOLD
SCHWARZENEGGER
GOVERNOR
December 3, 2004
Mr. Richard Dole
Bakersfield City Planning Department
1715 Chester Avenue
Bakersfield, CA 93301
DEC 6 ?_004
c~-¥ oF BAKERSFIELD
pLANNiNG oEPARTMEN1-
Dear Mr. Dole:
Subject:
General Plan Amendment/Zone Change No. 04ol 346
Portion of Sec. 34-T30S/R27E MDBM
The Department of Conservation's Division of Oil, Gas, and Geothermal
Resources (Division) has reviewed the above referenced project. The
Division supervises the drilling, maintenance, and plugging and abandonment
of oil, gas, and geothermal wells in California.
The proposed project is located beyond the administrative boundaries of any
oil or gas field. There are no oil, gas, or injection wells within the boundaries
of the project. Regardless, if excavation or grading operations uncover a
previously unrecorded well, the Division district office in Bakersfield must be
notified as such wells may require remedial operations.
Thank you for the opportunity to comment on this project. If you have any
questions, please call Joseph A. Austin at the Bakersfield district office: 4800
Stockdale Highway, Suite 417, Bakersfield, CA 93309; phone (661) 322-4031.
Sincerely,
David Mitchell
Senior Oil and Gas Engineer
DEPARTMENT OF TRANSPORTATION
1352 WEST OLIVE AVENUE
P,O BOX 12616
FRESNO, CA 93778-2616
PHONE (559) 444-2583
FAX (559)488-4088
TTY (559) 488-4066
NOV 2 3 2004
CITY OF BAKERSFIELD
PLANNING DEPARTMENT
November 22, 2004
2103-1GR/CEQA
6-KER 119-28.8
GPA/ZC 04-1346
Mr. Richard Dole
Planning Department
City of Bakersfield
1715 Chester Avenue
Bakersfield, CA 93301
Dear Mr. Dole:
Thank you for providing Caltrans with tine opportunity to te',icw GPA/ZC 04-1346 for the
propcrt5, located on fine nor/h side of State Route (SR) 119 between Ashe and $1inc Roads.
Caltrans offers the lbllowiug commenls.
This segment cf SR 119 is planned as a 6-lane cow, cntional highway requiring !34 feet ,,f
right of way Plc~sc note this :;hould bc token ~nte accotmt x~ilh tine preparation of lhe trz~ct
map fi)r ~l~c prczjcct.
Pl,;asc contact mc x, i/h any questions ~egar¢ting this matter.
Sincerely,
/
!",ssoc~at¢ TratlsportatlOtl Plamler
"('altrans improve1 mobihO' across Cahfornia
San Joaquin Valley
Air Pollution Control District
December 2, 2004
Attn: Mr. Richard Dole
City of Bakersfield
Development Services Department
1715 Chester Avenue
Bakersfield, California 93301
BEC 6 2004
CITY OF BAKERSFIELD
PLANNING DEPARTMENT
Reference: S20040361 ]
RE: NOPH & ND for GPA/ZC 04-1346; Residential
Dear Mr. Dole:
The San Joaquin Valley Unified Air Pollution Control District (District) has
reviewed the documentation provided and has the following comments:
The entire San Joaquin Valley is non-attainment for ozone and fine particulate
matter (PM-10). The Federal Clean Air Act (CAA) and the California Clean Air
Act require areas that are designated non-attainment to reduce emissions until
standards are met. Based upon the information provided there does not appear
to be a significant Air Quality impact, however, a concerted effort should still be
made to reduce project-related emissions.
The most current Regulation and Rule versions are available on the District's
w(,b page at www.valleya~r.o6q. The following items are rules that have been
adopted by the District to reduce emissions throughout the San Joaquin Valley,
and are roquired:
Re.quiation Viii (Fugitive PM10 Prohibitions)- Regulation Viii (Rules 801 i-
8081) is a series of rules designed to reduce PM10 emissions
(predominantly dust/did) generated by human activity, including
construction, road construction, bulk materials storage, landfill operations,
etc
The District's Governing Board approved amendments to Regul~tion VIII
theft became effective on October 1, 2004. If a residential p/o]ect is 10 0
ot more acres in area, a Dust Control Plum must be submitted a: .W~ecified
in Section 6.3 1 of Rule 8021. Ifa residential site is 1.0 to Ics.~ th~m 100
acres, an owner/operator must provide written notification to the District at
least 48 hours prior to his/her intent to begin any earthmoving activities
(see section 6.4.1). A template of the District's Dust Control Plan is
available at: http.'//www, valleyair, orq/busind/comply/PM 10/forms/DCP-
Form% 2 0- % 2010-14- 2004.pdf
Rule 4103 (Open Burning) regulates the burning of agricultural material.
Agricultural material shall not be burned when the land use is converting
from agriculture to nonagricultural purposes. In the event that the project
burned or burns agricultural material, it would be in violation of Rule 4103
and be subject to District enforcement action.
Rule 4601 (Architectural Coatings) limits volatile organic compounds from
architectural coatings. This rules specifies architectural coatings storage,
clean up and labeling requirements.
Rule 4901 (Wood Burning Fireplaces and Wood Burning Heaters) and
Rule 4902 (Residential Water Heaters) limit the emissions of PM10 and
NOx in residential developments. On July 17, 2003, the District's
Governing Board adopted amendments to Rule 4901. Construction plans
for residential developments may be affected by section 5.3, specifically:
§5.3 Limitations on Wood Burning Fireplaces or Wood Burning
Heaters in New Residential Developments.
5.3.1 No person shall install a wood burning fireplace in a new
residential development with a density greater than two (2) dwelling
units per acre.
5.3.2 No person shall install more than two (2) EPA Phase II
Cedified wood burning heaters per acre in any new residential
development with a density equal to or greater than three (3)
dwelling units per acre.
5.3.3 No person shall install more than one (1/wood burning
fireplace or wood burning heater per dwelling unit in any new
residential development with a density equal to or less than two (2)
dwelling units per acre.
More information about Rule 4901 can be found at our website-
www.valleyair org. For compliance assistance, please contact Mr. Wayne
Clarke, Air Quality Compliance Manager, at 230-5968.
This project may be subject to additional District Rules not enumerated above.
To identify additional rules or regulations that apply to this project, the applicant
is strongly encouraged to contact the District's Small Busing,ss Assistance Office
at (661) 326-6969.
The District encourages innovation in measures to reduce air quality impacts.
There are a number of measures that could be incorporated into the
design/operation of this project to provide additional reductions of the overall
level of emissions. (Note: Some of the measures may already exist as
City/County development standards. Any measure selected should be
implemented to the fullest extent possible.) The measures listed below should
not be considered all-inclusive and remain options that the project proponent
should consider:
Trees should be carefully selected and located to protect the building(s) from
energy consuming environmental conditions, and to shade paved areas.
Trees should be selected to shade paved areas that will shade 50% of the
area within 15 years. Structural soil should be used under paved areas to
improve tree growth. A brochure has been included for the applicant.
For Structural Soil see http:llwww.hod.cornell.eduluhiloutreach/cscl
For Tree Selection see http:/Iwww.ufei.orql
For Urban Forestry see http:l/www.coolcommunities.orq
http:l/wcufre.ucdavis.edu
~_~ttp:llwww.lqc.orqlbookstorelenerqy/downloadstsiv tree quidelines.pdf
If transit service is available to the project site, improvements should be made
to encourage its use. If transit service is not currently available, but is
planned for the area in the future, easements should be reserved to provide
for future improvements such as bus turnouts, loading areas, route signs and
shade structures. Appropriations made to facilitate public or mass transit will
help mitigate trips generated by the project. Direct pedestrian access to
potenti~l public transit stops and provide appropriately designed sidewalks.
Such access should consist of paved walkways or ramps and should be
physically separated from vehicle access routes.
Specifically: Bus turnout(s) should be planned near the entrance(s)
of the development for school bus loading to accommodate school-
age children.
Sidewulks and bikeways should be installed throughout as much of the
project as possible and should be connected to any nearby existing and
planned open space areas, parks, schools, residential areas, commercial
areas, etc., to encourage walking and bicycling. Connections to nearby public
uses and commercial areas should be made as direct as possible to promote
walking for some trips. Pedestrian and bike-oriented design reduces motor
vehicle usage and their effects on ai~ quality. Sidewalks and bikeways should
be desiqned to separate pedestrian ~nd bicycle pathways from vehicle paths.
Sidew~¢i'ks and bikeways should be desigm d to be accommodating and
appropdatelysized for anticipatedfulurep~destrianand bicycle use. Such
pathways should be easy to navigate, designed to facilitate pedestrian
movement through the project, and create a safe environment for all potential
users (pedestrian, bicycle and disabled) from obstacles and automobiles.
Pedestrian walkways should be created to connect all buildings throughout
the project. The walkways should create a safe and inviting walking
environment for people wishing to walk from one building to another. Mid-
block paths should be installed to facilitate pedestrian movement through long
blocks (over 500' in length) and cul-de-sacs. Sidewalks should be designed
for high visibility (brightly painted, different color of concrete, etc.) when
crossing streets and similar vehicle paths. Clearly marked and highly visible
pedestrian accesses create a safer environment for both pedestrians and
vehicles. Pathways throu9h the project should be built in anticipation of future
growth.
The City should provide a safe pedestrian environment at pedestrian-vehicle
intersections. Additional measures to increase pedestrian safety should be
considered. Such measures could include: ladder marking the walkway, curb
bump-outs and crossing islands (also called refu9e islands and pedestrian
islands). For information on pedestrian safety measures see
_http://www.walkinqinfo.orFIl (Design & Engineering: Engineering Treatments).
As many energy-conserving features as possible should be included the project.
Energy conservation measures include both energy conservation through design
and operational energy conservation. Examples include (but are not limited to):
Increased energy efficiency (above California Title 24 Requirements)
See http:/Iwww.enerqy.ca.gov/title24/.
Increased wall and ceiling insulation (beyond building code requirements)
Energy efficient widows (double pane and/or Low-E)
High-albedo (reflecting) roofing material. See http://eetd.lbl.qov/coolroof/
Cool Paving "Heat islands" created by this and similar projects contribute
to the reduced air quality in the valley by heating ozone precursors. See
http:l/www.harc.edu/harc/Proiects/CoolHouston/ .
http://eande Ibl.qov/heatisland/
Radiant heat barrier. See
h_ttp ://www. eere.energy.qov / consumerinfo/ refbrief s/bc T. h tml
Energy efficient lighting, appliances, heating and cooling systems. See
,htr, }://www. e ne rqysta r qovz'
Install solar water-heating system(s)
Install photovoltaic cells
Install geothermal heat pump system(s)
Programmable thermostat(s) for all heating and cooling systems
Awnings or other shading mechanism for windows
Porch, patio and walkway overhangs
Ceiling fans, whole house fans
Orient the unit(s) to maximize passive solar cooling and heating when
practicable
Utilize passive solar cooling and heating designs. (e.g. natural convection,
thermal flywheels) See http:llwww.eere.energy.qov/REIsolar passive.html
Utilize daylighting (natural lighting) systems such as skylights, light
shelves, interior transom windows etc. See
http://www.advancedbu dinqs or.q
Electrical outlets around the exterior of the unit(s) to encourage use of
electric landscape maintenance equipment
Low or non-polluting landscape maintenance equipment (e.g. electric lawn
mowers, reel mowers, ~eaf vacuums, electric trimmers and edgers, etc.)
Pre-wire the unit(s) with high speed modem connections/DSL and extra
phone lines
Natural gas fireplaces (instead of wood-burning fireplaces or heaters)
Natural gas lines (if available to this area) and electrical outlets in
backyard or patio areas to encourage the use of gas and/or electric
barbecues
Low or non-polluting incentives items should be provided with each
residential unit (such items could include electric lawn mowers, reel
mowers, leaf vacuums, gas or electric barbecues, etc.)
More information can be found at:
http://www.lqc.ortq, _http://www.sustaina ble.doe.qov_/,
http://www.consu merenerq¥center.orq/index.html
http://www.ciwmb.ca.qov/GreenBuildinq/
· Project design should use models put forward by the Local Government
Commission (LGC) in the "Smart Growth Guidebook," such as; street block
patterns that form an interconnected grid, short block faces, numerous alleys
and narrow streets. The LGC website _http://www.lqc.orR contains valuable
information and resources on subjects from street design to energy efficiency.
· The project should include as many clean alternative energy features as
possible to promote energy self-sufficiency. Examples include (but are not
limited to): photovoltaic cells, solar thermal electricity systems, small wind
turbines, etc. Rebate and incentive programs are offered for alternative
energy equipment. More information can found at-
. http://www.dsireusa.orq/, http://rredc.nrel.oov/,
htLt)://www.enerqy.ca~gov/renewabtes/
There are a number of measures that can be ~ncorporated into the construction
phase of the project to provide additional reductions to construction emissions.
The measures listed below should not be considered all-inclusive and remain
options that the project proponent should consider.
From ~ a!)t~; 6-.'3 of the District's Guide to Ass~ssing and Mitigating Air Quality
Impacts 2002 revision (GAMAQI)
· Limit traffic speeds on unpaved roads to 15 mph
· Install sandbags or other erosion control measures to prevent silt runoff to
public roadways from sites with a slope greater than one percent
· Install wheel washers for all exiting trucks, or was off alt trucks and
equipment leaving the site
· install wind breaks at windward side(s) of construction areas
· Suspend excavation and grading activity when winds exceed 20 mph
· Limit area subject to excavation, grading, and other construction activity at
any one times
From Table 6-4 of the GAMAQI
· Use of Alternative fueled or catalyst equipped diesel construction
equipment.
· The project applicant should identify a minimum of catalyst-equipped
diesel construction equipment that will be used for this project. Low-sulfur
diesel should be used in place of regular diesel when possible. Alternative
fuel may not be readily available in the project area. If biodiesel is used,
the applicant should use only CARB certified fuels as not all biodiesels or
biodiesel blends will result in reduced NOx emissions. According to the
EPA's website, biodiesel use generally results in an increase in NOx
emissions. The California Air Resources Board (CARB) has certified
specific biodiesels for NOx reduction. Only biodiesels that have been
certified by CARB should be used. For more information on biodiesel or
other types of alternative fuels, please call Mr. Chris Acree, Air Quality
Specialist, at (559) 230-5829, The applicant should calculate the
associated emission reductions from implementing this mitigation
measure.
· Minimize idling time (e.g. 10 minute maximum)
· Institute idling limits to prevent unnecessary diesel emissions. Engines
should be shut off when not in use, including during breaks and lunches.
· Limit the hours of operation of heavy duty equipment and/or the amount of
equipment in use
· The project applicant should specify the conditions of reduced hours or
reduced amount of equipment. Hours can be reduced under certain
circumstances such as during levels of high ambient air pollution or during
peak trave! on ne~.rby roads.
· Replace fossil-fueled equipment with electrically driven equivalents
(provided they are not run via a portable generator set)
· The project applicant should determine the construction equipment that
will be electrically driven
· Curtail construction during periods of high ambient pollutant
concentrations; this may include ceasing of construction activity during the
peak-hour of vehicular traffic on adjacent roadways
· The project applic;mt should state the criteria for curtailing construction
activities, and the steps that will be taken to reduce emissions. For
curtailment during periods of high ambient pollutant concentrations, the
criteria should be set in terms of the Air Quality Index. See the table
below for more information on the Air Quality Index.
· Implement activity management (e.g. rescheduling activities to reduce
short-term impacts)
· The applicant should specify what measures will be implemented.
h~ttp://www.epa.govlairnow/aqi.html#qood
*irQua.t,'.Se. VL.,%ica,
_evels of Health
Concern
Good 0-50
IF
Moderate
vleaning
Air quality is considered satisfactory,
and air pollution poses little or no
risk.
Unhealthy for ii 101-150
Sensitive Groups I
Unhealthy 151-200
Air quality is acceptable; however,
for some pollutants there may be a
moderate health concern for a very
small number of people who are
unusually sensitive to air pollution.
Members of sensitive groups may
experience health effects. The
general public is not likely to be
affected.
Everyone may begin to experience
health effects; members of sensitive
roups may experience more
serious health effects.
Health alert: everyone may
Very Unhealthy i1201-300 ? experience more serious health
- !i ~i effects.
: Health warn ngs of emergency
Hazardous ' > 300 ', condttions. The entire population is
I I! more likely to be affected.
Additional Measures:
Light Duty Cars and Trucks should be alternative fualed or hybrids.
www.fue economy.qov ~/www eem.energ~L_.gov/cleancities/index html
(Clean Cities Program) and t~,vw driw:d~an c~ have resources to find
alternative fueled or hybrid vehicles
Padicipate in the District's Heavy Duty Engine Program. The District has
a Heavy-Duty Engine program to help engine owners reduce emissions.
The Heavy Duty program provides incentives for the replacement of older
diesel engines with new, cleaner, fuel-efficient diesel engines. The
program also provides incentives for the re-power of older, heavy-duty
trucks with cleaner diesel engines or alternative fuel engines. New
alternative fuel heavy-duty trucks also qualify. For more information
regarding this program, contact the District at (559) 230-5858 or visit our
website at http:www.valleyair.org/tran~sportation/heavydutyidx.htm
Require clean vehicles as a condition of contracts. Possible
implementation of this measure includes (but is not limited to):
Directing the measure to vehicles from outside the SJAPCD
Directing the measure to larger contracts
Stipulate phasing in the measure as a condition in contracts
Web Resources:
· See the Air Resources Board's website for more information on reducing
emissions from diesel engines. California's Diesel Risk Reduction Plan
ht~p://www arb.ca.qovldiesel/documentslrrpapp.htm Specifically-
~,ppendix 3 Mobile Diesel-Fueled Engines and Appendix 9 Diesel PM
Control Technologies. Another website for reducing construction
emissions is the UC Davis-Caltrans Air Quality Project at
~/aqp.enRr.ucdavis.edu/.
District staff is available to meet with you and/or the applicant to further discuss
the regulatory requirements that are associated with this project. If you have any
questions or require further information, please call me at (661) 326-6980.
Sincerely,
Heaiher EIlison
Air Quality Planner
Southern Region
c: file
EXHIBIT E
ENVIRONMENTAL
B A K E R S F I E L D
NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION
BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD
NOTICE IS HEREBY GIVEN that a headng accepting testimony will be held before the Planning
Commission of the City of Bakersfield. The headng will begin at 12:15 p.m., or as soon thereafter as the matter
may be heard on MONDAY, DECEMBER 6, 2004. The Monday portion will be for presentation of staff
testimony only. No action to approve or deny this project will be taken on Monday. The hearing
will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter
may be heard on THURSDAY, DECEMBER 16, 2002 in the Council Chambers of City Hall,
1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request:
The project to be considered: General Plan Amendment/Zone Change 04-1346 - An
amendment to the Metropolitan Bakersfield General Plan changing the land use
designation from RR (Rural Residential) to LR (Low Density Residential), and a Zone
Change from A (Exclusive Agriculture) to R-1 (One-Family Dwelling, City of Bakersfield)
on approximately 30 acres.
Project location: North side of Taft Highway/State Route-119 approximately 2,000 feet east of Ashe Road
and 2,300 feet west of Stine Road.
3. The name and address of the project applicant:
Mclntosh & Associates
2001 Wheelan Court
Bakersfield, CA 93309
NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the
Planning Commission to receive input from the public on the potential effect of this project on the environment.
Pursuant to the California Environmental Quality Act (CEQA), an initial Study has been prepared, describing the
degree of possible envirenmental impact of the proposed project. This study has shown that the proposal (as
mitigated) will not have a significant effect on the environment; therefore, a Mitigated Negative Declaration is
proposed. Copies of the Initial Study and proposed Mitigated Negative Declaration are on file and available to the
public through the Planning Department (contact Richard Dole) in the Development Services building at 1715
Chester Avenue, or by telephoning the department at (661) 326-3733, or by e-mailing the department at
devpln~.ci.bakersfield~ca.us. Our website address is ci.bakersfield.ca.us.
If your property is rented or leased, we request that you provide your tenant(s) notice of this public hearing.
PUBLIC COMMENT regarding the proposed project and/or adequacy of the Mitigated Negative
Declaration, including requests for additional environmental review, will be accepted in writing on or before the
hearing date indicated above at the Planning Department. if you challenge the action taken on this proposal in
court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence
delivered to the City of Bakersfield prior to the close of the hearing.
DATED: 11-16-04
RED
F:~04~ 1~46~0~H ND.DOC
John T. Leonard
Building Director
(661) 326-3720 Fax (661) 325-0266
BAKERSFIELD
Development Services Department
Jack Hardisty, Director
November 16, 2004
Stanley C. Grady
Hanning Director
(661) 326-3733 Fax (661) 327-0646
TO:
SUBJECT:
Responsible or Other Interested Agency
Notice of Public Hearing and Draft Negative Declaration for General Plan
Amendment/Zone Change 04-1346, located on the north side of Taft
Highway/State Route-119, approximately 2,000 feet east of Ashe Road and
2,300 feet west of Stine Road.
Pursuant to the California Environmental Quality Act (CEQA), the City of Bakersfield will
be the Lead Agency and will prepare a Negative Declaration for the project identified in the
attached Initial Study. We would appreciate the views of your agency as to the scope, content
and adequacy of the environmental information which is applicable to your agency's statutory
responsibilities in connection with the proposed project. Your agency may need to use this
Negative Declaration when considering any permits or other approvals needed for this project.
In order 1o review and consider your comments on this project, please send your
response no later than 20 days after receipt of this notice to the Richard Dole project planner
assigned to this case, at the address indicated above. In your response, please include the
name of the contact person in your agency.
Pursuant 1o the Planning and Zoning Law of the California Government Code, notice is
hereby given that a hearing accepting testimony will be held before the Planning Commission of
the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the
matter may be heard on Monday, December 6, 2004, in the Council Chambers in City Hall.
The Monday portion will be for presentation of staff testimony only. No action to approve or
deny this project will be taken on Monday. The hearing will be continued to take testimony from
others at 5:30 p.m., or as soon thereafter as the matter may be heard on Thursday, December
16, 2004 in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California,
93301.
For more information, please call the department at (661) 326-3733.
Sincerely, / ,
Richard Dole
Associate Planner
RD:djl
S:\Dole\04-1346~,gency Lettter. DOC
City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301
John T. Leonard
Building Director
(661) 326-3720 Fax (661) 325-0266
BAKERSFIELD
Development Services Department
Jack Hardist¥, Director
November 16, 2004
Stanley C. Grady
Planning Director
(661) 326-3733 Fax (661) 327-0646
Dear Property Owner or Other ~nterested Party:
Subject: General Plan AmendmentJZone Change 04-1346, generally located on the
north side of Taft Highway/State Route-119, approximately 2,000 feet east of
Ashe Road and 2,300 feet west of Stine Road.
You are being sent the attached notice because the Kern County tax records
indicate you own property in a proposed project area or within 300 feet of a proposed
project (see attached map), or you have specifically requested this notice be sent to you.
The attached notice describes the proposed project and draft environmental document the
City of Bakersfield is currently processing.
Through this notice, we are informing you of your opportunity to comment either in
favor or against the proposed project. You should express your comments at the public
hearing indicated on the attached notice. However, if you are unable to attend this
hearing, you may submit written comments to this department or contact me by telephone
prior to the headng so that your comments can be considered by the Planning
Commission.
Sincerely,
Richard Dole
Associate Planner
RD:djl
S:\Dole\04-1346\prop own Itr.doc
City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301