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Home My WebLink AboutRES NO 179-05 RESOLUTION NO. 1 7' 9 - 0 S' RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04·1763 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE NORTH SIDE OF BERKSHIRE ROAD, GENERALLY EAST OF SOUTH UNION AVENUE. (Ward 1). 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, JUNE 13, 2005, and continued to THURSDAY, JUNE 16, 2005, on Case No. 04-1763 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. 04-1763 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04·1763: SmithTech/USA Inc., for Jean Ollivier ET. AL., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows to the Land Use designation from SR (Suburban Residential) to LR (Low Density Residential) on 17 acres. The project site is located along the north side of Berkshire Road, generally east of South Union Avenue; 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. 77-05 on June 16, 2005, the Planning Commission recommended denial of General Plan Amendment No. 04-1763 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, August 17, 2005, on the above described General Plan Amendment No. 04-1763 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 1 ~ ~f>,Kt:¡y () ~ :>- - >-- IT _ r- C> C ORIGINI\I 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. 2. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. 3. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 4. That the Negative Declaration for the proposed General Plan Amendment No. 04- 1763 is hereby recommended for approval. 5. The General Plan Amendment 04-1763 is hereby approved to LR (Low Density Residential) on 17 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. 6. That the proposed single family residential uses is typical of development with complete urban services available by the City of Bakersfield. 7. As to General Plan Amendment 04-1763 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from SR (Suburban Residential) to LR (Low Density Residential) on 17 acres, as requested by the applicant and shown on attached map in Exhibit "B", located along the south side of Berkshire Road, generally east of South Union Avenue, the Planning Commission hereby recommends approval 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. 2. The Negative Declaration for General Plan Amendment No. 04-1763 is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts General Plan Amendment No. 04- 1763 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 setforth, for property located along the north side of Berkshire Road, generally east of South Union Avenue, subject to conditions of approval shown on Exhibit "A". 2 <f¡AKf ¿. 1P :>.. "" ...... ;t- - t- o ö ORlr.INAI _..,--------_.~._--~-"----------_._.>~..~.~--' 5. That Case No. 04-1763, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 6. This Resolution shall not become effective until September 7. 2005, at such time as other General Plan Amendments in this cycle are reviewed by the City Council of the City of Bakersfield. ---------()()()-------- 3 X ~/>.Kf?> () (J' :>- '11 f- ¡:¡¡ - r-- a ö ORIGINAl 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 AUG 1 7 2005 , by the following vote: ('ÃŸËS') NOES: ABSTAIN: ABSENT: v v v ..-- ...... v V COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAM~T~ ¡4 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AUG 1 7 2005 HARV L. L MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GEN~'l City Attomey I By: Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 2nd 2005\04·1763\Resolutionslres,gpa_cc.doc 4 X ~Mê-9 () ~ >-- - ..- m _ r- o t> ORIGINAl EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04·1763 Air Qualitv Mitiqation Measures: 1. The applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have met the following air quality mitigation measures: A. For Construction Equipment Exhaust: The following mitigation measures should be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment. a) Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) Encourage ride sharing and use of transit transportation for construction employee commuting to the project site. d) Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. e) 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. B. For Fugitive Dust Emissions: Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: « ~M~-9 () ~ >- - I- m - r- <> c:;, ORIGINAl Exhibit A GPAfZC 04-1763 Conditions of Approval a) All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. d) When materials are transported offsite, all material shall be 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) All operations 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 prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden). f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. g) Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. h) Any site within 150 or more vehicle trips per day shall prevent carryout and trackout. i) Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Page 2 of 5 ~ 'òM~-'5' () <P :>- -t'I I- n-- - r-- (.) (;) ORIGINAl Exhibit A GPAfZC 04-1763 Conditions of Approval j) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). k) Limit construction-related vehicle speeds to 15 mph on all unpaved ares at the construction site. I) Implementation of carryouUtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJV APCD Regulation VIII. (Mitigation Measures). ArcheoloQical: 2. 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. (Mitigation Measure). Traffic: 3. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedicated for Berkshire Road to collector standards for the full frontage of the area within the GPA request. Dedications shall include additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. This GPAfZC area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPAfZC area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPAfZC area, showing its proportionate share of the necessary ultimate storm drainage facilities. As an alternative to fonming a Planned Drainage Area, the developer may present to the City evidence, Page 3 of 5 x 'òM("1 () ~ :>- - I- rr' - r- tJ <:.> ORIGINAl Exhibit A GPAlZC 04-1763 Conditions of Approval acceptable to the City Engineer, that the drainage for this GPAlZC area will be accommodated in the design of the storm drain system for adjacent property. c. Sewer service must be provided to the GPA/ZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. (Mitigation Measure). 4. The entire area covered by this GPA 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. (Public Works Condition). 5. Access to the project area from South Union Avenue is provided by a sub-standard road. 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. (Public Works Condition). 6. The Madison Road crossing of the Arvin Edison Canal needs to be constructed to serve this area. Developer shall aid in the formation of a Major Road and Thoroughfare District for the construction of the crossing. (Public Works Condition). 7. Traffic - Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 and 8 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. a. Union Avenue & Panama Lane, Add east bound left and through lanes, 3.84% Page 4 of 5 ~ ~AKf-'5' () ~ >- - I- m - r- <.J C;) 0RIGINAl Exhibit A GPAfZC 04-1763 Conditions of Approval share. b. Union Avenue & Berkshire Road, Add west and east bound left turn lanes, 6.48% share c. Widen Panama Lane to 4-lanes, South H Street to Union Avenue, 6.39% share. (Public Works Mitigation Measure). 8. Traffic - Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of development. (Public Works Mitigation Measure). S:\GPA 2nd 2005\04-1763\Admin SRICon Exh A .doc Page 5 of 5 ~ 'òA/(~~ C) q;., :>- - I- "" - ,... a c;;, ORIGINAl _____--L_ ¡¡ ~ !ì w CX) ~o -.!8 ·13 ~ en- o (") I- JL---- -- ---_.~- ___n_-- i' I ¡ I I I , ! i I r-:.i .-1.".--1 Z iii. o . " , " I I I , I I i -----~ I ~i , ! ! ~ ("<) (0 I'- ~ I ""'" o I- Z W ~ ~ ~ o z w ~ <C Z ::s a.. -' g ~L "'" « ~ ~1 ~ ~ S ~ W 3 ~ ~ ~ 2 z ã ~ l'5 ~ ~_~lJl- _ . i u~ ... :=-_::_ ;---] í1 l. _ _ _ 5_J cr p5 JL ------- ] I '. . . L -~-...dJ c-J- 5 ~ ¿ J--[. 5 ~!~ ~ '5 ; 5 '5 0"'),,> -- .,- <:) -1'~111 rnll'lfl~l'll'1Nfl r~I~~Q1 ,l . " --l " . " w ~ " ~ --- o r I J ·-2-l ,jAV " " > r " r- 5 . ' ~ I .~-"-"_._...j or ~ " > r 5 5 i'l1 ' 5)~ 5 - --..--.-,-- --,._---- -- - ---- ..- 5 '< 'òA/(~?> o ó' >- ." 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