HomeMy WebLinkAboutRES NO 069-05RESOLUTION NO.
069-05
RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT CASE NO. 04-1326 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
AT THE NORTHEAST CORNER OF BERKSHIRE ROAD AND
SOUTH H STREET. 0Nard 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, December 6,
2004, and THURSDAY, December 9, 2004, on Case No. 04-1326 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 Californian, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. 04-1326 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-1326:
Porter-Robertson Engineering for Marcus Rudnick LLC, cio Marcia Rudnick
applied to amend the Land Use Element of the Metropolitan Bakersfield General
Plan consisting of changes as follows: Land Use Designation Amendment from SI
(Service Industhal) and LI (Light Industrial) to LR (Low Density Residential) on 32.7
acres and to LMR (Low Medium Density Residential) on 10 acres. The project site is
located at the northeast corner of Berkshire Road and South H Street; 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. 181-04 on December 9, 2004, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-1326 subject to conditions
and mitigation listed in Exhibit "A" and this Council has fully considered the finding made by the Planning
Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY,
March 30, 2005, on the above described General Plan Amendment No. 04-1326 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:
1. The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
That the Negative Declaration for General Plan Amendment No. 04-1326 is hereby
recommended for approval.
The General Plan Amendment 04-1326 is hereby approved to LR (Low Density
Residential) on 32.7 acres and to LMR (Low Medium Density Residential) on 10
acres as requested by the applicant and recommended by staff, with mitigation
measures adopted in the Negative Declaration and conditions of approval for the
project.
That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
As to General Plan Amendment 04-1326 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to
the land use designations from LR (Low Density Residential) on 32.7 acres and to
LMR (Low Medium Density Residential) on 10 acres, as requested by the applicant
and shown on attached map in Exhibit "B", located at the northwest corner of
Berkshire Road and South H Street, the Planning Commission hereby recommends
adoption of such Land Use Element Amendment of the Metropolitan Bakersfield
General Plan, subject to mitigation and conditions of approval shown on Exhibit"A",
and recommend same to City Council.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY
OF BAKERSFIELD as follows:
I. The above recitals and findings incorporated herein, are true and correct.
The Negative Declaration for General Plan Amendment No. 04-1326 is hereby
approved and adopted.
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 No. 04-
1326 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 property
generally located at the northeast comer of Berkshire Road and South H Street,
subject to conditions of approval shown on Exhibit "A".
That Case No. 04-1326, approved herein, be combined with other approved
cases described in separate resolutions, to form a single Amendment to the
Metropolitan Bakersfield General Plan.
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This Resolution shall not become effective until March 30, 2005, at such time as
other General Plan Amendments are reviewed by the City Council of the City of
Bakersfield.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted bythe
Council of the City of Bakersfield at a regular meeting thereof held on_ ~j~ ~ 0 ~.0D5 __,
by the following vote:
~ COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, CI~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
Attached: Exhibit A - Conditions of Approval
B- Map
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EXHIBIT A
Conditions of Approval
General Plan Amendment No. 04-1326
The developer/contractor of the GPA site shall submit, at the time of building permit, a letter
agreeing to the following air quality mitigation measures:
A) Mitigation measures for PM10:
The developer shall water previously disturbed exposed surfaces (soil) a
minimum of three-times/day or whenever visible dust is capable of ddfting from
the site or approaches 20% opacity.
The developer shall water all haul roads (unpaved) a minimum of three-times/day
or whenever visible dust from such roads is capable of drifting from the site or
approaches 20% opacity.
The developer shall ensure that all vehicles (as defined under Rule 8011 ) do not
exceed a speed of 15 miles per hour on unpaved roads.
The developer shall install and maintain a trackout control device that meets the
specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle tdps per
day or more than 20 vehicle tdps per day by vehicle with three or more axles.
The developer shall stabilize all disturbed areas, including storage piles, which
are not being actively utilized for construction purposes using water, chemical
stabilizers or by covering with a tarp, other suitable cover or vegetative ground
cover.
The developer shall control fugitive dust emissions during land clearing,
grubbing, scraping, excavation, leveling, grading, or cut and fill operations with
application of water or by presoaking.
When transporting materials off-site, the developer shall maintain a freeboard
limit of at least 6 inches and cover or effectively wet to limit visible dust
emissions.
The developer shall limit and remove the accumulation of mud and/or dirt from
adjacent public roadways at the end of each workday. (Use of dry rotary brushes
shall be prohibited except when preceded or accompanied by sufficient wetting
to limit visible dust emissions. The use of blowers is expressly forbidden.)
The developer shall stabilize the surface of storage piles following the addition or
removal of materials using water or chemical stabilizer/suppressants.
The developer shall remove visible track-out from the site at the end of each
workday.
The developer shall cease grading activities dudng pedods of high winds
(greater than 20 mph omr a on~-hour pedod).
Exhibit A
Conditions of Approval
GPA 04-1326
Page 2
B)
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.
The developer shall ensure that all grading on the site shall be conducted in
phases.
The project site shall not be cleared of existing vegetation cover until required by
construction.
The developer shall re-vegetate graded areas as soon as it is feasible after
construction is completed.
Mitigation measures proposed for construction equipment exhaust:
a. The developer shall propedy and routinely maintain all construction equipment,
as recommended by manufacturer manuals, to control exhaust emissions.
The developer shall shut down equipment when not in use for extended periods
of time to reduce emissions associated with idling engines.
The developer shall ensure that all construction equipment shall operate no
longer than six (6) cumulative hours per day.
The developer shall use electric equipment for construction whenever possible in
lieu of diesel or gasoline powered equipment.
The developer shall curtail the use of high-emitting construction equipment
during periods of high or excessive ambient pollutant concentrations such as
"Spare-the-Air' days as declared by the SJVAPCD.
All construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially reduce
NOx emissions.
The developer shall sue Caterpillar pre-chamber diesel engines or equivalent
could reduce NOx emissions.
All construction activities within the project area shall be discontinued during the
first stage smog alerts,
Exhibit A
Conditions of Approval
GPA 04-1326
Page 3
c)
i. Construction and grading activities shall not be allowed dudng first stage ozone
alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20
ppm (1-hour average).
Mitigation measures proposed to reduce long term emissions from the completed
project:
a. The project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimi2~e total consumption of energy.
b. The developer shall position as many home sites as possible with a north/south
exposure, dudng the tentative tract phase of development.
c. The developeflapplicant shall submit documentation that they will comply with
applicable mitigation measures found in Air Quality Attainment Plan, Distdct
Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for
the SJVAPCD.
d. The developer shall provide specific bus tumout(s) and shelter(s) at locations
approved by GET to serve residential sites within the project area. The bus
turnout(s) and shelter(s) shall be planned by the developers in the project area
and local transportation coordinating entities (including GET) to encourage the
efficient and practical use of public transit entities servicing the project area.
2. No archaeological resources were identified on the project site, however, should archaeological
resources be encountered dudng the course of construction, a qualified archaeologist shall be
consulted for further evaluation and any measures shall be complied with at that time.
(Mitigation Measure).
3. The developer of the project site shall be required to pay into the adopted Regional Traffic
Impact Fee fixed rate program. (Mitigation Measure)
4. 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).
5. The developer/applicant of the GPNZC site shall prepare and submit to the Planning
Department, prior to issuance of building permit on site, a Phase II architectural evaluation by a
qualified historical architect of the Packing Plant/Slaughterhouse. This will be used to determine
eligibility for nomination to the California Register of Histodc Places. (Mitigation Measure).
Exhibit A
Conditions of Approval
GPA 04-1326
Page 4
The developer of the site shall prepare and submit evidence of no bovine remains for the entire
site, exclusive of areas developed with structures, subject to review and approval of the Kem
County Environmental Health Department. This will occur prior to recordation of any phase of
any tract map on the project site. (Planning Condition).
Public Works Conditions:
7. Pdor to approval of any development plan, improvement plan for a tentative subdivision map, °r
application for a lot line adjustment, the following shall occur:
a. Provide full dedication for South H Street to artedal standards and Berkshire Road to
collector standards. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City Engineer.
b. This area is within the Hosking Planned Sewer Area. Provide a sewer study covering
the entire GPNZC area and provide calculations showing that there exists sufficient
capacity in the sewBr system for the change in land use.
c. Provide a drainage study for the entire GPA/ZC area. Only one storm drainage basin will
be allowed for the entire GPA/ZC area.
8. All irrigation lines or ditches will be relocated out of the public right-of-way except for
perpendicular crossings.
9. Normal full frontage improvements shall be required at the time of development.
10. Pay the standard fees for the Regional Transportation Impact Fee, as adopted at the time of
vesting of the development.
11. The 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.
12. The entire area covered by this 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.
13. Payment of median fees for the frontage of the property within the GPA request. These fees
may be paid pdor to recordation of the final map or building permit.
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