HomeMy WebLinkAboutRES NO 180-05
RESOLUTION NO. ~ 8 0 - 0 5
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT NO. 04-1766, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED
AT THE SOUTHEAST CORNER OF SEVENTH STANDARD
ROAD AND JEWETTA AVENUE (FUTURE).
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 on Thursday, June 16, 2005, on General Plan Amendment No. 04-1766, 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, General Plan Amendment No. 04-1766, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 04-1766:
SmithTech/USA, Inc. for Michel Etcheverry applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change
from SR (Suburban Residential) to LR (Low Density Residential) on 80.24
acres. The project site is generally located at the southeast corner of
Seventh Standard Road and Jewetta Avenue (future); and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 04-1766
and it was determined that the proposed project would not have a significant effect on the
environment; therefore, a Negative Declaration was prepared in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, by Resolution No. 71-05 on June 16, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-1766 subject to
mitigation and conditions of approval listed in Exhibit "A" and this Council has fully considered
the findings made by the Planning Commission as set forth in that Resolution and as restated
herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Govemment Code, conducted and held a public hearing on
WEDNESDAY, AUGUST 17, 2005, on General Plan Amendment No. 04-1766, notice oftime
and place of the hearing having been given at least ten (10) calendar days before the hearing
by publication in the The Bakersfield Californian, a local newspaper of general circulation; and
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WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 71-05, adopted on June 16,
2005:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has
determined that the proposed project could not have a significant effect
on the environment. A Negative Declaration was prepared for the project
in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify
the amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan.
e. The land use designation change from SR (Suburban Residential) to LR
(Low Density Residential) on 80.24 acres is compatible with the land use
designations of surrounding properties and are internally consistent with
the Metropolitan Bakersfield General Plan.
f. The laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA, the State CEQA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures have been
duly followed by city staff and the Planning Commission.
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the
types of density and intensity of the development.
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. 04-1766 is hereby
approved and adopted.
3. The report of the Planning Commission, including maps and all reports and
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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-
1766, 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 southeast comer of Seventh Standard Road and Jewetta Avenue (future),
subject to mitigation and conditions of approval listed in Exhibit "A".
5. That General Plan Amendment No. 04-1766, 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.
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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 ? 2005
by the following vote:
(" AYE~ COUNCILMEMBERC6AsCN\,~~\\Ào.~~.Ccu.r.lò. '. ~\ S..~~~.~
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
~~~
PAMELA A. McCART CMC ¡
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 7 2005
HARVE L. H LL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attom~
By:
aÃ-ú
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:\GPA 2nd 2005\04-1766\CC GPA Resolution.doc
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 04-1766
Air Quality:
1. The following mitigation measures shall be utilized during the construction phase of the
project to reduce construction exhaust emissions. These mitigation measures are
stated in the San Joaquin Valley Air Pollution Control District's Guide for Assessing and
Mitigating Air Quality Impacts 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 sites.
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.
2. 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, shall be implemented in order to reduce fugitive dust emissions
associated with the project:
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 and
fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
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Exhibit A
GPAfZC No. 04-1766
Mitigation/Conditions of Approval
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 with 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.
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 areas at the
constructions site.
I. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of San Joaquin Valley Air Pollution Control
District Regulation VIII.
3. With submission of the first Parcel Map, Tract Map, or Site Plan Review application for
any portion of the subject property, the applicant shall provide an updated air quality
impact study addressing the potential for the development of the entire subject property
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Exhibit A
GPAfZC No. 04-1766
Mitigation/Conditions of Approval
to exceed the San Joaquin Valley Air Pollution Control District's Thresholds of
Significance for ozone precursors. The most recent version of URBEMIS that is
available at the time of application submission shall be utilized for this analysis. If the
proposed development is projected to exceed the District's Thresholds of Significance,
then the following conditions shall be met to the satisfaction of the Planning Director:
a. Prior to recordation of a final map or issuance of a building permit (whichever
occurs first), the subdivider shall select and implement one or a combination of
the following measures and/or programs in order to reduce ROG and NOx
emissions to below the District's Thresholds of Significance for ozone precursors.
i. The subdivider shall fully construct a project or projects approved by the
City Public Works Department that will result in the reduction of emissions
as described in above. The improvements for said project must be
accepted by the Public Works Department prior to recordation the final
map. The project selected shall be a project that is not otherwise funded
or constructed with the subdivision. The subdivider is responsible for all
costs to determine the emission reductions associated with projects. This
documentation shall be submitted to the Planning Director and the Public
Works Director prior to approval of a project. The projects used for the
reduction in emissions may include one or more of the following types of
projects:
1. Construction of a new, warranted signal.
2. Modification of an existing signalized intersection to add additional
left turn storage or dedicated right turn capability.
3. Car crushing of older model cars.
4. Modification to stationary diesel engines, such as for agricultural
use.
5. Modification of fleet vehicles and/or other mobile sources.
ii. If one or more of these programs is selected by the subdivider, proof of
compliance with these measures must be provided to the satisfaction of
the Planning Director prior to recordation of a final map. Proof of
compliance may include documentation of the number, type and year of
cars crushed; location and type of engines modified, photo documentation
and quantification of emission reduction by Air Pollution Control District or
Air Quality consultant.
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Exhibit A
GPAfZC No. 04-1766
Mitigation/Conditions of Approval
b. The Developer may provide emissions offsets through participation in a voluntary
emission reduction program (VERP) through the San Joaquin Valley APCD. The
VERP will require the developer to enter into a binding agreement with the
SJVAPCD that will require the SJVAPCD to:
i. Review the air emission impact assessment protocol and quantification of
emission estimates attributable to the project.
ii. Accept the estimated monetary value of the emission reductions to equal
the emissions from the project.
iii. Locate and implement the emission reductions.
iv. Certify that the emission reductions have been made to the lead agency
and the developer in the form of a certificate.
c. During the life of the project, if the City of Bakersfield adopts an emissions
mitigation program that provides equal or more effective mitigation than
measures listed in this analysis, the developer may choose to participate in the
City's program to mitigate air quality impacts.
d. The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the
project. ERCs, which have been approved by the SJVAPCD, are retained in the
emission inventory for the air basin. Purchase and surrender of ERCs removes
them from this inventory, thus fully offsetting the incremental increase to the
emissions inventory from this project. Therefore, the emissions inventory
contained in the SIP and used for the AQAP will not increase as a result of the
project and the AQAP remains valid.
e. Should ERCs not be available or deemed cost effective, the developer may
provide offsets through other means acceptable to the City Planning Department
and approved by the SJVAPCD.
f. Fees paid to the SJVAPCD through an approved indirect source emissions fee
program may be utilized to provide applicable offsets for the proposed project.
Cultural Resources:
4. If cultural resources are encountered during construction, a qualified archaeologist shall be
retained by the developer to evaluate the significance of the resources and to fonmulate a
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Exhibit A
GPAfZC No. 04-1766
Mitigation/Conditions of Approval
mitigation program if necessary. The archaeologist shall coordinate with the City of
Bakersfield Planning Department.
5. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050.5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find and
the Kem 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 details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately.
Transportation and Traffic:
Local Mitigation
6. 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. Proportionate shares based upon PM peak trips
from the traffic study are as follows:
a. Zerker Road & Seventh Standard Road, Install Signal, Add east, west and north
bound left turn lanes, 5.97% share
b. Jewetta Avenue & Seventh Standard Road, Install Signal, Add north bound right
turn lane, 7.12% share
c. Calloway Drive & Seventh Standard Road, Add south bound left tum lane, 6.74%
share
d. Calloway Drive & Etchart Road, Add east and west bound left turn lanes, 8.03%
share
e. Allen Road & Snow Road, Add north and south bound left turn lanes, 3.99%
share
f. Jewetta Avenue & Snow Road, Add south bound left turn lane, 17.53% share
g. Calloway Drive & Norris Road, Add east bound left turn lane, 13.48% share
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Exhibit A
GPAfZC No. 04-1766
Mitigation/Conditions of Approval
h. Seventh Standard Road, between Santa Fe Way and Allen Road, Add 2 lanes,
1.93% share
Metropolitan Bakersfield Transportation Impact Fee Program
7. Prior to the issuance of any building penmit, the developer shall pay the applicable
Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of
Bakersfield Public Works Department.
Public Works:
8. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for Seventh Standard Road and Jewetta
Avenue to Arterial Standards and Etchart Road to Collector Standards for the full
frontages of the area within the GPA request. Dedications shall include sufficient
widths for expanded intersections as directed by the City Engineer. Submit a
current title report with the dedication documents.
b. Jewetta Avenue is within and shall comply with standards of the Western
Rosedale Specific Plan.
c. Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. Only one basin may be utilized to serve this area. Upon approval
of the study, any required retention site and/or easements shall be dedicated to
the City.
9. The GPAfZC area is within the service area of the North of River Sanitary District No.1.
Sewer service in this area must conform to the NORSD's adopted Sewer Study, and
construction of sewer lines shall be per NORSD's requirements. All trench backfill and
paving within the public right-of-way shall require an Open Street Penmit and be as per
the City of Bakersfield's adopted standards.
10. The subdivider shall pay his proportionate share of the cost for the future construction of
full width landscaped median island in Seventh Standard Road and Jewetta Avenue.
Payment shall be made prior to the recordation of the final map.
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Exhibit A
GPA/ZC No. 04-1766
Mitigation/Conditions of Approval
11. Access to the arterial and collector streets will be limited and determined at time of
division or development. Detenmination of whether a right turn lane is required at the
access street(s) will also be made at the time of division or development. A full access
opening will only be considered if the developer funds and installs a traffic signal at the
site entrance. Said signal will only be penmitted if a signal synchronization study is
submitted and approved, which shows progression is not adversely affected.
12. 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
Consolidated 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.
Citv Attornev:
13. 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 hanmless 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
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 penmits 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 finm or attorney chosen by another entity or party.
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