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Home My WebLink AboutRES NO 263-05 RESOLUTION NO. '2 6 3 - 0 S RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-0943, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SOUTH ALLEN ROAD (FUTURE) AND PENSINGER 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. 05-0943, 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. 05-0943, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No, 05-0943: Mcintosh & Associates for Centex Homes, Inc. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from Resource-Intensive Agriculture (R-IA) to Low Density Residential (LR) on 80 acres. The project site is generally located at the southeast corner of South Allen Road (future) and Pensinger Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0943 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. 142-05 on September 15, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No, 05-0943 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. 05-0943, 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 <.: ~ÞK;::"i o ,,{ >- fT I-:: ("- ',J 0 ntJ'r:tI\IAL " 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. 142-05, 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 change from Resource-Intensive Agriculture (R- IA) to Low Density Residential (LR) on 80 acres is compatible with the land use designations of surrounding properties and is 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, 05-0943 is hereby approved and adopted. 2 4 'ò!\líf.~ () ú' ;,.. ~ I- m - r- o C> ORIGINAL ,. 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- 0943, 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 corner of South Allen Road (future) and Pensinger 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. 05-0943, 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. ---------()()()-------- 3 '{¡Mt.o « <'T(j) o '" >- m ç r- o C> ORIGiNAL Council I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the of the City of Bakersfield at a regular meeting thereof held on NnV 1 r. ?nn'i by the following vote: G.x~$) l/ v·· ~ -- ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABST AI N ABSENT: COUNCILMEMBER COUNCILMEMBER ~á r:h,f.'"y PAMELA A. McCARTHY, C CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield 7~ HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney 1 By:~?n. ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PH - S:\GPA 3rd 200SIOS-0943lResolutionslCC GPA Resolution,doc 4 '< 'òÍ\/(¿::1> o· <.P >- ~ ~ J!; o ORIGINAC' EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0943 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. PM1Q 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: · 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. · All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · 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. · With the demolition of buildings up to six stories in height, all exterior surfaces of the building shall be wetted during demolition. · When materials are transported off-site, all material shall be covered, and effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · 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 to visible dust emissions). (Use of blower devices is expressly forbidden). · 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. · With urban area, track out shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. ,. \!¡A,~j. (; -tJI .>.. ." 1-- _ rn o r- OP/f>'N4/G Exhibit A GPAlZC No. 05-0943 Mitigation/Conditions of Approval · Any construction site with 150 or more vehicle trips per day shall prevent carryout and track-out. · Cease grading activities during periods of high winds where entrainment of dust will exceed the SJVAPCD 20% opacity requirement. Enhanced and Additional Control Measures for Construction Emissions of PM-10 · Limit traffic speeds on unpaved road to 15 mph; and · Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. · Track out will be prevent by one of the following: · A Grizzly with rails, pipes, or grates to dislodge debris off of exiting vehicles, · A layer of washed gravel at one inch or larger in diameter, three inches deep, · Extension of paved road at least 100 feet from publicly maintained road, or · Installation of a wheel washer; · Install wind breaks at windward side(s) of construction areas; · Suspend excavation and grading activity when winds exceed 20 mph (regardless of wind speed, an ownerloperator must comply with Regulation VIII's 20 percent opacity limitation); and · Limit area subject to excavation, grading, and other construction activity at any one time. B, Construction Equipment Mitigation Measures: · Limit idling to no more than 20 minutes at a time. · All construction equipment shall be maintained to manufacturers' specifications. · Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. · Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. C. Design Features Mitigation Measures These mitigation measures are based upon those available in the URBEMIS 2002 emissions modeling program. These measures provide emission reductions for the Page 2 of 6 ~ 'ô~ K'" ..' ~", «-'T CY % >- - m r- o 0 ORIf>'NAI Exhibit A GPAlZC No. 05-0943 MitigationlConditions of Approval proposed Project's long term emissions (reductions once the Project has been completed): . The developer will provide: · Adequate street lighting. · Sidewalks and/or pedestrian paths and pedestrian signs and signalization where appropriate. · Pedestrian safety designs/infrastructures shall be provided at crossings. · Transit shelters and/or benches, turnouts, signs, and displays shall be provided as needed. Cultural Resources: 2. 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. 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. Hazards and Hazardous Materials 4. With the submittal of tentative subdivision map applications for areas containing oilfield equipment and facilities and/or soils discolored by oil or fuel (as identified in the Phase I Environmental Site Assessment (ESA) prepared for the project site, Mcintosh & Associates, July 2005), the applicant shall submit Phase II ESA's. The Phase II ESA's shall contain 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 be submitted together with the tentative subdivision map application to the satisfaction of the City of Bakersfield Fire Department (Prevention Services Division). Page 3 of 6 '< \?AK(-~> () ':J' .>.. ~n f- m .- r- o 0 ORlí''''.' Exhibit A GPAlZC No. 05-0943 Mitigation/Conditions of Approval T ransDortationlT raffic 5. Prior to the issuance of any building permit, the developer shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. 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 the project traffic study (TPG Consulting Incorporated, June 2005). An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of the first building permit. The following proportionate share contributions shall be paid prior to the issuance of the first building permit: a. Old River Road & Stockdale Highway: Restripe and widen to provide 3 left turn lanes, 4 through lanes and 1 right turn lane on the west bound approach. The project share shall be 2.21 % of the cost of the above improvements. b. Ming Avenue & Buena Vista Road: Restripe and widen to provide 2 left turn lanes, 4 through lanes, and 1 right turn lane on the east bound approach; 2 left turn lanes, 4 through lanes, and 1 right turn lane on the west bound approach; 2 left turn lanes, 4 through lanes, and 1 right turn lane on the north bound approach; 2 left turn lanes, 4 through lanes, and 1 right turn lane on the south bound approach, The project share shall be 2.63% of the cost of the above improvements, c. Buena Vista Road & Chamber Boulevard: Install traffic signal. The project share shall be 8.1 % of the cost of this improvement. Note: These mitigation measures go beyond current standards. Alternate forms of mitigation may be considered when needed at the 2025 study horizon. The above fees would contribute toward that future mitigation. Public Works: 7. 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 Allen Road to Arterial standards and Pensinger Road and Windermere Street to Collector standards, for the full frontages of the area Page 4 of 6 '6~,Kf,() ({ 1~ >. en ":: ,- t...î Ç:) ORI""'~I Exhibit A GPAlZC No. 05-0943 Mitigation/Conditions of Approval within the GPAlZC area. 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 can be provided with the map. b. A comprehensive drainage study is to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPAlZC area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City, The City will allow no more than one publicly-maintained sump per 80 acres, Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site, c. 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. 8, Payment of median fees for the arterial frontage of the property within the GPAlZC area will be required upon development. These fees may be paid prior to recordation of any map or approval of improvement plans. 9. 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. 10. 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 the GPAlZC area. 11. 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-foot graded shoulders, If it becomes necessary to Page 5 of 6 ~ 'òÞ-.K(:1' CJ <f> >- ~ r- 111 - r- ,:> {J ORIGINAl Exhibit A GPAlZC No. 05-0943 Mitigation/Conditions of Approval 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. 12. The Developer will be responsible for their proportionate share of the cost of the Buena Vista Canal crossings at Panama Lane and Windermere Street. 13, The Panama Lane, Pensinger Road and Windermere Street crossings of the Buena Vista Canal need widening. Developer shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. City Attorney: 14. 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. Page 6 of 6 'óAKp c~ ~'ZP >- ~. f- 111 - r- ,~ C> ORIGiNAL ,. Exhibit B General Plan Amendment Map , 'òAIít;:"" Ò' '0) >~ ~ ,- fT1 Õ r; ORI(.;INAL ".,,~_._~.~---, .,..------_._-_.~_...,._.__. ('I) ~ 0) 0 :¡ ~ I I.l) 0 t- Z 5 W ~ 0 ,¡ Z å: W ,¡ ~ å: ,¡ å: '" « ~ z 1.0 ::s C- UI ~ ..J ~ ~ I ~ å: ·,,_,,_o._n_.. 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