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Home My WebLink AboutRES NO 258-05 RESOLUTION NO. 258-05 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 05-0420 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH OF SNOW ROAD, WEST OF VERDUGO LANE. (Ward 4). 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 continued to THURSDAY, SEPTEMBER 15, 2005, on Case No. 05- 0420 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, 05-0420 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 05-0420: SmithTech/USA Inc., for Elizabeth H. Pinnell, applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows to the Land Use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on one acre. The project site is located north of Snow Road, west of Verdugo Lane; 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. 134-05 on September 15, 2005, the Planning Commission recommended denial of General Plan Amendment No. 05-0420 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, November 9, 2005, on the above described General Plan Amendment No, 05-0420 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 twenty (20) 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: 1 !<~Mf~ () ~ >- - I- m - ,.... ù C) ORIGINAL 1. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein, 2, That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 3, That the Negative Declaration for the proposed General Plan Amendment No. 05- 0420 is hereby recommended for approval. 4. The General Plan Amendment 05-0420 is hereby approved to LR (Low Density Residential) on one acre as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. 5. As to General Plan Amendment 05-0420 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from R-IA (Resource -Intensive agriculture) to LR (Low Density Residential) on one acre, as requested by the applicant and shown on attached map in Exhibit "B", located north of Snow Road, west of Verdugo Lane, 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. 05-0420 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, 05- 0420 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 located north of Snow Road, west of Verdugo Lane, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 05-0420, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan, ····-----000-------- 2 X 'òAKf-9 () ~ "- - I- m - r- o <::J ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of th~ City of Bakersfield at a regular meeting thereof held on ~O'l 1 62995 by the following vote: ~ "Nðß ABSTAIN: ABSENT: v ~ 1./ _' 1..---- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER tt.mL PAMELA A. McCARTHY, CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield APPROVED NOV 1 £ 2005 J(~- HARVEY L. HALL MAYOR of the City of Bakersfield - APPROVED as to form: VIRGINIA GENNARO City Attorney By: ßPtd:ìh~ ~ Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 3rd 2005105-0420IResolutionlres,gpa_cc.doc 3 «. 'òAKÆ''9 o ~ >- - I- m _ f- o C> ORIGINAL EXHIBIT A Conditions of Approval GPAlZC 05-0420 Air Qualitv Mitiqation Measures: 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 URBEMIS 7.5.0 Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. Therefore, 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. PM10 Mitigation Measures 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% opacity. · Reduce speed on unpaved roads to less than 15 miles per hour. · Install and maintain a trackout control device that meets the specifications of SJV APCD 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 materials using water or chemical stabilizer/suppressants. of '<. ~¡¡'i(f?, () ~ "- - I- m - r- <.) C> ORIGINAL Exhibit A Conditions of Approval GPAlZC 05-0420 · 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 SJV APCD 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, · The construction contractor shall submit a Dust Control Plant to the APCO at least 30 days prior to the start of the any construction activity. · Construction contractor shall provide written notification to the APCO within 10 days prior to the commencement of earthmoving activities via fax or mail. · Upon evidence of trespass, prevent unauthorized vehicles access by posting "No Trespassing" signs or installing physical barriers such as fences, gates, posts, and/or other appropriate barriers to effectively prevent access to the area. Cultural Resources Mitiaation Measures: 2. Should subsurface archaeological remains be unearthed during future construction activity, work in the area of discovery should be stopped until the finds can be evaluated. 3, 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. Public Works Conditions: 4. 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 Snow Road, to Arterial standards and Norris Road to Collector standards, for the full frontages of the area within the GPAlZC 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication ~ ~~Kf-,? "- ~ >- - _ 111 o ,... ORIr,INAC' Page 2 of 4 ~ Exhibit A Conditions of Approval GPAlZC 05-0420 can be provided with the map. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. b) The GPAlZC 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 Permit and be as per the City of Bakersfield's adopted standards 5. Payment of median fees for the arterial frontage of the property within the GPAlZC request. These fees may be paid prior to recordation of any map or approval of improvement plans. 6. Access to the arterial and 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. 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 permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 7. 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 GPAlZC area. Traffic Comments: 8, This proposal change will result in 4 additional dwelling units and is considered an insignificant increase in potential trip generation (4 PM peak trips) which is below thresholds established by the City and Caltrans, We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore will do so due to the minor increase. City Attorney Condition: 9, 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 ~£,AKê'9 () <f> "- -<I I- m õ r- ORIGINAE' Page 3 of 4 Exhibit A Conditions of Approval GPAlZC 05-0420 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 of Bakersfield 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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