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HomeMy WebLinkAboutRES NO 104-05RESOLUTION NO. T-~'~ '~' 0 .~ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-1747 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF PALADINO DRIVE, GENERALLY EAST OF MORNING DRIVE. (Ward 3). 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, Mamh 14, 2005, and THURSDAY, March 17, 2005, on Case No. 04-1747 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 cimuiation; and WHEREAS, such General Plan Amendment No. 04-1747 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1747: Jerry Hendricks representing Aera Energy LLC, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from GC (General Commercial) to LR (Low Density Residential) on 15 acres. The project site is located south of Paladino Drive, generally east of Morning Drive; 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. 25-05 on March 17, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-1747 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, May 11,2005, on the above described General Plan Amendment No. 04- 1747 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: 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. 04-1747 is hereby recommended for approval. The General Plan Amendment No. 04-1747 is hereby approved from GC (General Commercial) to LR (Low Density Residential) on 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. 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 04-1747 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from GC (General Commercial) to LR (Low Density Residential) on 15 acres, as requested by the applicant and shown on attached map in Exhibit "B", located south of Paladino Drive, generally east of Morning Drive, 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: 1. The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment No. 04-1747 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- 1747 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 south of Paladino Drive, generally west of Morning Drive, subject to conditions of approval shown on Exhibit "A". That General Plan Amendment No. 04-1747, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 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 .a..~.v _1 1 ~n.n~ , by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTH-'Y~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1_ 1_ 20~ APPROVED as to form: VIRGINIA GENNARO City Attorney Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA I st 2005\04-1747~ResolulJons~res,gpa_cc.doc 4 EXHIBIT A Conditions of Approval General Plan Amendment No. 04-1747 The applicant/developer of the project site shall submit documentation to the Planning Department, prior to issuance of any building permit, indicating that they shall meet/have met the following: 1.1 To ensure that project emissions are minimized, the applicant is proposing a number of mitigation measures, The following measures have either been applied to the project through the UBEMIS 7.5.0 Model or will be implemented in conjunction with San Joaquin Valley Air Pollution Control District (SJVAPCD) rules as follows: 1.1.1 PM10 Mitigation Measures The criteria pollutant most affected by proposed mitigation measures will be PM10. As the project will be completed in compliance with the SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance specifically during grading and construction phases. The mitigation measures to be taken are as follows: aa. Water previously disturbed exposed surfaces (soil) a minimum of three- times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. bb. 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. cc. Reduce speed on unpaved roads to less than 15 miles per hour. dd. Install and maintain a trackout control device that meets the specifications of the SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles. ee. 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. ff. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. gg. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. hh. 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 is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). Exhibit A GPA 04-1747 Conditions of Approval ii. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. jj. Remove visible track-out from the site at the end of each workday. kk. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). II. Asphalt-concrete paving shall comply with the SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. mm, Grading should be conducted in phases. nn. Project site shall not be cleared of existing vegetation cover until required by construction. oo. The project developer shall re-vegetate graded areas as soon as it is feasible after construction is completed. 1.1.2 Measures to Reduce Construction Equipment Exhaust The GMAQI guidance document lists the following measures as approved and recommended for construction activities: aa. Maintain all construction equipment as recommended by manufacturer manuals. bb. Shut down equipment when not in use for extended periods of time. cc. Construction equipment shall operate no longer than six (6 cumulative hours per day. dd. Use electric equipment for construction whenever possible in lieu of diesel and gasoline powered equipment. ee. 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 SJVAPCD. ff. All Construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOx emissions, gg. All construction activities within the project area shall be discontinued during the first stage smog alerts. hh. Construction and grading activities shall not be allowed during the first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). 1.1.3 Other The following mitigation measures are recommended to further reduce the potential for long term emissions from the completed project: Page2of5 ~' ', Exhibit A GPA 04-1747 Conditions of Approval aa. The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. bb. The developer shall position as many home sites as possible with a north/south exposure. cc. Applicants shall be required to comply with applicable mitigation measures in the Air Quality Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source Rules for the SJVAPCD. dd. The developer shall petition the Golden Empire Transit District (GET) to conduct service study to determine if the project site warrants being annexed into the GET operational system. ee. Should the project site be annexed into the GET operational system, specific bus turnouts and shelters shall be located at appropriate locations to serve residential sites within the project area in consultation with the Golden Empire Transit District. The bus turnouts and shelters shall be planned by developers in the project area and local transportation coordinating entities to encourage the efficient and practical use of public transit entities servicing the project area. 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 American community shall be notified immediately. 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 of Oil, Gas, and Geothermal Resources (Division) district office in Bakersfield shall be notified, by the developer. The Division shall make recommendations as to the requirement of remedial operations by the developer prior to proceeding with the project. Public 4. Works Conditions: Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, provide dedication for the full half width of Paladino Drive as an arterial for the entire project area frontage. If a tentative subdivision map over the entire GPNZC area is submitted, dedication can be provided with the map. Page 3 of 5 Exhibit A GPA 04-1747 Conditions of Approval The project area is within the boundary of the Breckenridge PDA. Upon development, pay the Planned Drainage Area fee and construct whatever PDA facilities are within the boundary of the development. Credit for the construction of the facility can be given against the PDA fees. Access to the project area is provided by Paladino Drive. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Upon submission of the first development, tentative tract, or minor land division for any of the project area, the developer shall submit for review and approval both a drainage study and a sewer study covering the entire GPNZC area. Note: The area of this GPNZC is included within the boundaries of Tentative Tract 6426. The drainage and sewer studies submitted for this tract willfuifiil this condition. 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. Because this change would constitute a reduction in potential trip generation, no traffic impact study was required. The development shall pay into the adopted Regional Traffic Impact Fee fixed rate program as mitigation for traffic impacts project. City Attorney Condition: 10. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any Page 4 of 5 ' ~ Exhibit A GPA 04-1747 Conditions of Approval CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. S:\GPA 1st 2005\04-1747~Admin SR\Condition Ex A .doc Page 5 of 5 EXHIBIT B MAP OF PROPOSAL !-.. Z ILl I..LI Z ILl