HomeMy WebLinkAboutRES NO 257-05
RESOLUTION NO. 2 5 '( - 0 5
RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT NO. 05-0417, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED
ON THE NORTH SIDE OF EAST WHITE LANE (FUTURE),
1,320 FEET EAST OF COTTONWOOD ROAD.
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,
September 12, 2005, and on Thursday, September 15, 2005, on General Plan Amendment
No, 05-0417, 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, 05-0417, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0417:
Marino / Associates for Magdaleno Duenas Barajas & Luisa Duenas applied
to amend the Land Use Element of the Metropolitan Bakersfield General
Plan consisting of changes from Light Industrial (LI) to Low Density
Residential (LR) on 2 acres, from Heavy Industrial (HI) to LR on 33 acres,
and from Public Facilities (P) to LR on 5 acres. The project site is generally
located on the north side of East White Lane (future), 1,320 feet east of
Cottonwood Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0417
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. 131-05 on September 15, 2005, the Planning
Commission recommended approval and adoption of General Plan Amendment No. 05-0417
subject to the "Mitigation/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, November 9,2005, on General Plan Amendment No. 05-0417, 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
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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. 131-05, adopted on
September 15, 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 changes from Light Industrial (LI) to Low
Density Residential (LR) on 2 acres, from Heavy Industrial (HI) to LR on
33 acres, and from Public Facilities (P) to LR on 5 acres are 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. 05-0417 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-
0417, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located
on the north side of East White Lane (future), 1,320 feet east of Cottonwood
Road, subject to "Mitigation/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 minimis"
exemption in accordance with Section 711 of the State of California Fish and
Game 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 for this project.
6. That General Plan Amendment No. 05-0417, 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
Nnll 1 G Zgg5 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED NOV 1 6 200~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio k of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /3Þu;;/}z~ ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - s:IGPA 3" 2005105-0417\ResolutionsICC GPA Resolutions.doc
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EXHIBIT A
MitigationlConditions of Approval
General Plan Amendment/Zone Change No. 05-0417
Air Qualitv
1. To ensure that Project emissions are minimized, the following measures have either
been applied to the Project through the URBEMIS Model or will be implemented in
conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules.
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 mitigation measures:
A. PM10 Mitigation Measures
The criteria pollutant most affected by proposed mitigation measures will be PM1o. As
the Project will be completed in compliance with 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:
· 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.
· 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%
capacity,
· Reduce speed on unpaved roads to less than 15 miles per hour.
· Install and maintain a trackout control device that meets the specifications of
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.
· 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.
· 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 offsite, maintain a freeboard limit of at least 6 inches
and cover or effectively wet to limit visible dust emissions,
· 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,
· Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants.
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Exhibit A
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
· Remove visible track-out from the site at the end of each workday.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use
of cutback, slow-cure and emulsified asphalt paving materials,
· Grading should be conducted in phases.
· Project site shall not be cleared of existing vegetation cover until required by
construction.
· The Project developer shall revegetate graded areas as soon as it is feasible
after construction is completed.
B. Measures to Reduce Construction Emissions
The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
· Maintain all construction equipment as recommended by manufacturer manuals.
· Shut down equipment when not in use for extended periods of time.
· Construction equipment shall operate no longer than eight (8) cumulative hours
per day.
· Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
· 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.
· All Construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially reduce
NOx emissions.
· On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines.
· On-Road and Off-Road diesel equipment shall use diesel particulate filters if
permitted under manufacturer's guidelines.
· On-Road and Off-Road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
· Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if
economic and available to reduce NOx emissions.
· All construction workers shall be encouraged to shuttle (car-pool) to retail
establishments or to remain on-site during lunch breaks.
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Exhibit A
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
· All construction activities within the Project area shall be discontinued during the
first stage smog alerts.
· Construction and grading activities shall not be allowed during first stage ozone
alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20
ppm (1-hour average).
C. Other Mitigation Measures
The following mitigation measures are recommended to further reduce the potential for
long term emissions from the completed Project:
· The Project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
· 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 SJVUAPCD.
· The developer shall petition the Golden Empire Transit District (GET) to conduct
a service study to determine if the Project site warrants being annexed into the
GET operational system.
· If the GET service study indicates that the development qualifies for addition to
the GET 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.
· The developer shall comply with the provisions of SJVAPCD Rule 4601 -
Architectural Coatings, during the construction of all buildings and facilities,
Application of architectural coatings shall be completed in a manner that poses
the least emissions impacts whenever such application is deemed proficient.
· The developer shall comply with the provisions of SJVAPCD Rule 4641 during
the construction and pavement of all roads and parking areas within the Project
area. Specifically, the developer shall not allow the use of:
· Rapid cure cutback asphalt;
· Medium cure cutback asphalt;
· Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section
5.1,3);
· Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4.
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Exhibit A
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
2. 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.
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
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Exhibit A
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
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.
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.
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Exhibit A
GPAlZC No, 05-0417
Mitigation/Conditions of Approval
Cultural Resources:
3, 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.
4, 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 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.
Residential/Industrial Interface:
5. An 8-foot tall masonry wall (measured from the finished grade of the abutting residential
lots) shall be constructed along the northern boundary of the GPAlZC area, This wall
shall be included on all applicable subdivision maps for the GPAlZC area and shall be
constructed prior to the recordation of each affected phase, This wall shall not interfere
with any easements and shall not have any gaps or openings. If the contiguous
property to the north of the GPAlZC area is not industrially zoned at the time of final
map recordation, this condition shall not be in force.
6, A minimum 100-foot setback shall be provided between habitable residential structures
within the GPAlZC area and the boundary of contiguous industrially zoned properties to
the north. If there are no contiguous industrially zoned properties to the north of the
subdivision at the time of final map recordation, this condition shall not be in force.
7. With the recordation of final subdivision maps within the GPAlZC area, notices shall be
recorded for all residential lots disclosing their proximity to industrially zoned properties
and specifying the uses permitted and conditionally permitted within the industrial
zone(s) contiguous to the GPAlZC area. If there are no industrially zoned properties
contiguous to the GPAlZC area at the time of final map recordation, this condition shall
not be in force.
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Exhibit A
GPAlZC No. 05-0417
Mitigation/Conditions of Approval
of property near a public use airport should, therefore, be prepared to accept such
inconvenience, annoyance and discomfort from normal aircraft operations,
City Attornev:
16. 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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Exhibit B
General Plan Amendment Map
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