HomeMy WebLinkAboutRES NO 181-05
RESOLUTION NO. 1 8 1 - 0 5
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT NO. 05-0403, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED
NORTH OF STATE ROUTE 178, APPROXIMATELY 600
FEET EAST OF THE INTERSECTION OF MORNING DRIVE
AND PANORAMA DRIVE.
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Govemment Code, held a public hearing on Monday, June
13,2005, and on Thursday, June 16, 2005, on General Plan Amendment No. 05-0403, 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. 05-0403, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0403:
Cal-Kern Development, LLC applied to amend the Land Use Element of the
Metropolitan Bakersfield General Plan consisting of a change from R-MP
(Resource - Mineral and Petroleum) to LR (Low Density Residential) on 58
acres. The project site is generally located north of State Route 178,
approximately 600 feet east of the intersection of Morning Drive and
Panorama Drive; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0403
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 Califomia
Environmental Quality Act (CEQA); and
WHEREAS, by Resolution No. 82-05 on June 16, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-0403 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 Government Code, conducted and held a public hearing on
WEDNESDAY, AUGUST 17, 2005, on General Plan Amendment No. 05-0403, notice of time
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 R-MP (Resource - Mineral
Petroleum) to LR (Low Density Residential) on 58 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. 05-0403 is hereby
approved and adopted.
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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. 05-
0403, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located
north of State Route 178, approximately 600 feet east of the intersection of
Morning Drive and Panorama Drive, subject to mitigation and conditions of
approval listed in Exhibit "A".
5. 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 purposes 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 minimus"
exemption in accordance with Section 711 of the State Resources Code.
Additionally the assumption of adverse effect is rebutted by the above-
referenced absence of evidence in the record and the lead agency's decision to
prepare a Negative Declaration.
6. That General Plan Amendment No. 05-0403, 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
'Ave; 1 7 ZOOS by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBEReo.-'~-I\l..url('JIn."J....'\\......_, c....\b·,,"'.. \ S~
COUNCILMEMBER ·
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCART , CMC
CITY CLERK and Ex fficio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 1 ? 2005
APPROVED as to form:
VIRGINIA GENNARO
City Attorn~/l
By:
Exhibit A - MitigationlConditions of Approval
B - General Plan Amendment Map
PH . S:\GPA 2nd 2005\05-0403\ResolutionsICC GPA Resolution.doc
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment No. 05-0403
Air Qualitv:
1. Compliance with Regulation VII under the San Joaquin Valley Air Pollution Control
District shall be required for all construction sites to reduce PM10 impacts.
2. 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.
3. All on-site unpaved roads and off-site unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
4. 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.
5. With the demolition of buildings up to six stories in height, all exterior surfaces of the
building shall be wetted during demolition.
6. When materials are transported off-site, all materials 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.
7. 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.
8. Following the addition of materials to, or the removal of arterials from, the surface of
outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizer/suppressant.
9. Within urban areas track out shall be immediately removed when it extends 50 or more
feet from the site and at the end of each workday.
10. Limit traffic speeds on unpaved roads to 15 mph.
11. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways from sites with a slope greater than one percent.
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
12. Use of alternative fueled or catalyst equipped diesel construction equipment.
13. Minimization of vehicle idling time.
14. Limitation of operation times of heavy duty equipment and or the amount of equipment
use.
15. Replace fossil-fuels equipment with electrically driven equivalents.
16. Curtail construction during periods of high ambient pollutant concentrations.
17. Implement activity management (e.g. rescheduling activities to reduce short-term
impacts).
18. Provide transit enhancing infrastructure including transit shelters, benches, street
lighting and route signs.
19. Provide pedestrian enhancing infrastructure that includes sidewalks, pedestrian paths,
pedestrian connections, street trees to shade sidewalks and pedestrian safety
design/infrastructure.
20. Provide bicycle enhancing infrastructure that includes bike paths connecting to a
bikeway system.
21. 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
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.
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
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.
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.
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
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.
Bioloqical Resources:
22. With submission of a Parcel Map, Tract Map, or Site Plan Review application for any
portion of the subject property, the applicant shall provide a biota study for the proposal
that addresses the presence of Bakersfield cactus and Blunt-nosed leopard lizard and
the need for focused surveys, if applicable.
Cultural Resources:
23. 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 formulate a
mitigation program if necessary. The archaeologist shall coordinate with the City of
Bakersfield Planning Department.
24. 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
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
remains are identified on the site at any time, 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 details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately.
Hazards and Hazardous Materials:
25. Proper traffic detours and warning signs shall be established to ensure public safety to
the satisfaction of the City of Bakersfield Public Works and Fire (Prevention Services
Division) departments, including the use of proper lighting (where appropriate); fencing
and shielding; proper storage of equipment and construction supplies; and covering
loose piles of soil, silt, clay, sand debris, or other earthen materials.
26. To evaluate the presence of residual petroleum hydrocarbons in the soil, soil samplings
shall be conducted and evaluated during any demolition activities to the satisfaction of
the City of Bakersfield Fire Department (Prevention Services Division). Results shall be
compared to the Residential Screening Numbers published in the Human Exposure
Based Screening Numbers Developed to Aid Estimation of Cleanup Costs for
Contaminated Soils (OEHHA, 2005). Additional samples/analyses may become
necessary in areas where potential impacts were observed but samples were not
collected to the satisfaction of the City of Bakersfield Fire Department (Prevention
Services Division).
27. With the submittal of tentative subdivision map applications for areas containing former
oil well and transformer locations, the applicant shall submit Phase II Environmental Site
Assessments containing soils sampling results verifying the presence or absence of
hazardous materials to the satisfaction of the City of Bakersfield Fire Department
(Prevention Services Division). In the event hazardous materials are present, a
Remediation Plan shall also be submitted together with the tentative subdivision map
application to the satisfaction of the City of Bakersfield Fire Department (Prevention
Services Division).
28. Additional inspection shall be conducted after oil field demolition and equipment
removal activities have been completed to determine if additional conditions exist that
may not have been visible prior to demolition activities. Said inspection shall be
conducted to the satisfaction of the City of Bakersfield Fire Department (Prevention
Services Division) prior to the issuance of the first building permit within areas of oil field
demolition and equipment removal.
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
Transportation and Traffic:
Loca/ Mitigation
29. 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 Table 4-3 of the traffic study. An estimate for the non-
RTIF portions and fee schedule should be developed by the applicant and approved
prior to recordation of a map or issuance of a building permit.
a. Panorama Drive & Morning Drive, Install signal*, Expand intersection to provide
the following lanes: east bound** ( 1 left, 1 through, 1 right), west bound ( 1 left,
1 through, 1 right), south bound ( 1 left, 2 through*, 1 right), north bound ( 1 left,2
through*, 2 right), 2.1 % share
b. Auburn Street & Morning Drive, Install signal*, Expand intersection to provide the
following lanes: east bound ( 1 left, 1 right), south bound ( 1 through, 1 right),
north bound ( 1 left, 2 through*), 8.4% share
c. Fairfax Road & Panorama Drive, Expand intersection to provide the following
lanes: east bound ( 1 left, 2 through, 1 right), west bound ( 2 left, 2 through, 1
right), south bound ( 1 left, 2 through, 1 right), north bound ( 2 left, 2 through, 2
right), 2.7% share
*
On RTIF list.
This would also require constructing Panorama Drive from the project
boundary to Morning Drive to provide project access, 1 lane in each
direction plus bike lane and expansion for turn lanes at Morning Drive.
**
Metropolitan Bakersfie/d Transportation Impact Fee Program
30. Prior to the issuance of any building permit, the developer shall pay the applicable
Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of
Bakersfield Public Works Department.
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
Public Works:
31. Along with submittal of any development plan, tentative subdivision map, or application
for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Panorama Drive and Rivani Drive to
collector standards for the full frontages of the area within the GPA request.
Dedications shall include sufficient widths for expanded intersections and
additional areas for landscaping as directed by the City Engineer. Submit a
current title report with the dedication documents.
b. The Morning Drive easement through the tract shall be abandoned.
c. This area falls within the Breckenridge Drainage area. Construct infrastructure
as required by the revised study. Construct a sump on site which can be
abandoned when all the future Breckenridge Drainage improvements are
completed. Submit a comprehensive drainage study to size the temporary sump
which shall be approved by the City Engineer. All necessary easements shall be
dedicated to the City.
d. Submit verification to the City Engineer of the existing sewer system's capability
to accept the additional flows to be generated through development under the
new land use and zoning. The existing sewer line through the property shall be
relocated; however any sewer line must be within a street, not on a lot.
32. Access to the collector streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development.
33. 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.
34. 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
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Exhibit A
GPA No. 05-0403
Mitigation/Conditions of Approval
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.
Recreation and Parks
35. Prior to recordation of any subdivision or portion thereof for residential development, the
applicant shall provide the City Recreation and Parks Department $100,000 for
enhanced improvements in the community park site located approximately Y. mile north
of the project site. Payment may be deferred to recordation of phase 2 at the discretion
of staff.
City Attorney:
36. 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
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.
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