HomeMy WebLinkAboutRES NO 269-05
RESOLUTION NO.
269-05
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. 05-0942 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED AT THE NORTHEAST CORNER OF
MCCUTCHEN ROAD AND BUENA VISTA ROAD. (Ward
5).
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. 04-
0942 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. 05-0942 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 05-0942:
Mcintosh and Associates, for Lester D. Baroncini, Trustee of the Irene
Baroncini Trust, 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 80 acres. The project site is located at the northeast corner of
McCutchen Road and Buena Vista Road; 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 CEOA and City of Bakersfield's CEOA Implementation Procedures, have
been duly followed by the city staff and the Planning Commission; and
WHEREAS, by Resolution No. 140-05 on September 15, 2005, the Planning Commission
recommended denial of General Plan Amendment No, 05-0942 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. 05-0942 ofthe 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 ten (10) calendar days before the hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
1
'< 'òP,Ií~1'
o ú'
"- -<I
I- m
- r-
°ORIGiNAf'
WHEREAS, the Council has considered and hereby makes the following findings:
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-
0942 is hereby recommended for approval.
4. The General Plan Amendment 05-0942 is hereby approved to LR (Low Density
Residential) on 80 acres as requested by the applicant and recommended by staff,
with mitigation measures adopted in the Negative Declaration and conditions of
approval for the p.oject.
5. As to General Plan Amendment 05-0942 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 80 acres, as requested by the applicant and shown on
attached map in Exhibit "B", located at the northeast corner of McCutchen Road and
Buena Vista Road, the Planning Commission hereby recommends approval of such
Land Use ElementAmendmentofthe 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. 05-0942 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-
0942 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 at the northeast corner of McCutchen Road and Buena Vista Road,
subject to conditions of approval shown on Exhibit "A".
5. That Case No. 05-0942, 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
'<. ~1IIi61>
() ú'
"'- ...-
I- iT
- r-
o <::-
ORIGINAl
- -.---.--
.___._.___",_________n._..._ ._.>,___
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 NO" 1 R ?1Jf1'\" ,
by the following vote:
~
NOES:
ABSTAIN:
,- ABSEND
,/' / v _ ¡,..-- 1,-/
COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
l\,-""..À~
It-.^^'-' n. ,1, ffil.l.Ü1t
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio erk of the
Council of the City of Bakersfield
APPROVED
NOV 1 6 2005
HARVEY L. HALL:
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: !?d JtA.£ /}1,
~I
Attached: Exhibit A - Conditions of Approval
B - Map
MO:djl
S:\GPA 3rd 2005\05-0942\Reslres,gpa_cc.doc
3
'< 'òAl(~
() t
"- ~
I- il
- r
o t:
ORI!W'JAI
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change 05-0942
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 8.7.0 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
meet/have met the following air quality mitigation measures:
a. Regulation VIII Control Measures
PM10 Mitigation Measures:
The project will maintain compliance with all SJVAPCD Regulations VIII
requirements.
· Water all unpaved or haul road surfaces as needed.
· Limit speed on all unpaved roads to 15 mph.
· Water any exposed ground surfaces as needed.
· Stabilize all disturbed areas including inactive storage piles on
an as needed basis,
· Maintain at least a 6 inch freeboard space during transport of
materials andlor cover and wet to limit dust emissions.
· Remove mud or dirt accumulations on public roadways at the
end of the day or immediately when track out exceeds 50 or
more feet.
· Cease grading activities during periods of high winds where
entrainment of dust will exceed the SJVAPCD 20% opacity
requirement.
b. Construction Equipment and 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. ~1\I(f'
~,y<f>
>-. l'
>-- m
Õ D
i")RI~I"1M
,,-----_._---,_._.._-
Exhibit A
Conditions of Approval
GPAlZC 05-0942
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 proposed Project's long-term emissions
(reductions once the Project has been completed):
The Developer shall provide the following:
· Adequate street lighting.
· Sidewalks andlor pedestrian paths and pedestrian signs and
signalization where appropriate.
· Pedestrian safety designslinfrastructures shall be provided at
crossings.
· Transit shelters andlor benches, turnouts, signs, and displays
shall be provided as needed.
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.
Hazards and Hazardous Materials:
4. A Phase I Environmental Site Assessment shall be prepared prior to
development for the project site to determine potential hazardous wastes
Mineral Resources:
5,
Prior to commencement of construction, the existing oil production well
shall be properly removed and abandoned pursuant to the latest
Page 2 of 8
'< 'òAI(~f'
C> ú'
"- of'
I- ¡r..
Õ 1-'
ORIGINA/ò
Exhibit A
Conditions of Approval
GPAlZC 05-0942
procedures required by the local agency with closure responsibilities for oil
production wells. Any associated equipment (i.e., piping) shall be
removed off-site and properly disposed of at a permitted landfill. A visual
inspection of the areas beneath the removed materials shall be performed.
Soil sampling around the removed well shall be performed, as determined
appropriate by a qualified Phase II professional.
Noise:
6. Prior to issuance of grading permits, the contractor shall provide evidence
acceptable to the City Planning Department that (1) all construction
equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit
shall be equipped with properly operating and maintained mufflers; (2)
construction activities shall be limited to the designated daytime hours as
specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays
and 8 AM and 9 PM on weekends), No construction is allowed on Federal
holidays. These restrictions apply to all trucks, vehicles, and equipment
that are making or involved with material deliveries, loading or transfer of
materials, equipment service, and maintenance of any devices for or
within the Project construction site.
7, During construction, stationary construction equipment shall be placed
such that emitted noise is directed away from noise-sensitive receptors, to
the satisfaction of the Building Official.
8. Prior to apµroval of the Project plans and specifications by the City
Planning Department, the construction contractor shall incorporate
feasible muffling fe~lÌures into all construction vehicles and equipment and
into construction methods, and shall maintain all construction vehicles and
equipment in efficient operating condition.
Public Services:
9, Residential projects shall meet fire-flow requirements in accordance with
relevant City building codes, City fire codes, and the requirements of the
Kern County Fire Department.
10. Pursuant to Government Code Sections 65995, 65996, and 65997,
mitigation of the proposed Project's impacts on public school facilities will
be limited to the collection of statutory fees authorized under Education
Code Section 17620 and Government Code Sections 65995, 65995.6,
and 65995.7 at the time that building permits are issued. Currently these
fees are set a $2.24 per square foot, and amount subject to adjustme~tò~~(1
() ú'
"- -<',
I- m
- r--
Page 3 of 8 0 G
np'(>'NAI
_......__~.,.-____..._'________M_____
Exhibit A
Conditions of Approval
GPAlZC 05-0942
every two years. However, if either or both districts adopt the alternative
fees authorized by Government Code Sections 65995.6 and/or 6995,7,
fees required for this Project may be significantly higher than the current
amount.
11. In accordance with an ordinance of the City of Bakersfield, land must be
dedicated for park uses by the developer of new residential subdivision
projects at a standard of 2,5 acres per 1,000 persons and/or the developer
must pay in-lieu fees of $1,275 per residential unit park development fees,
Location and timing of park facilities to be determined by the City of
Bakersfield.
12. All construction debris and construction-related debris shall be separated
into recyclable and non-recyclable items to the greatest extent possible.
All recyclablð debris shall be transported to appropriate recycling facilities
so as to reduce waste disposed of at County landfills. To the maximum
extent possible, recyclable materials and materials consistent with the
waste-reducing goals of the City shall be used for all aspects of
construction.
Transportation and Traffic:
13. Intersection street improvements for the year 2025 which are needed to
maintain or improve the operational level of service of the street system in
the vicinity of the project are shown below, which identifies those
improvements not covered by the Regional Transportation Impact Fee
(RTIF) program and the Project's percent share for the cost of all non-
RTIF (local mitigation) improvements.
Stockdale Highway at Old River Road
. Restripe/widen the westbound approach, east leg, from dual (2)
left-turn lanes, three (3) through lanes and a separate right-turn
lane to three (3) left-turn lanes, four (4) through lanes and a
separate right-t'Jrn.
Panama Lane at Buena Vista Road
. Restripe/widen the eastbound approach, west leg, from a separate
left-turn lane, two (2) through lanes and a separate right-turn lane
to a separate left-turn lane, three (3) through lanes and a separate
right-turn,
Page 4 of 8
'< 'òÄKf.-9
() ú'
>- -1'
>- IT
- r-
'.J <:-
()R'''''~.I^'
Exhibit A
Conditions of Approval
GPAlZC 05-0942
· Restripe/widen the westbound approach, east leg, from a separate
left-turn lane, two (2) through lanes and a separate right-turn lane
to a separate left-turn lane, three (3) through lanes and a separate
right-turn.
Panama Lane at Old River Road
· Restripe/widen the northbound approach, south leg, from a
separate left-turn lane, two (2) through lanes and a separate right-
turn lane to dual (2) left-turn lanes, two (2) through lanes and a
separate right-turn.
· Restripelwiden the southbound approach, north leg, from a
separate left-turn lane, two (2) through lanes and a separate right-
turn lane to dual (2) left-turn lanes, two (2) through lanes and a
separate right-turn.
The project Project's Fair Share Percentages for the proposed mitigation
detailed above are as follows:
· Stockdale Highway at Old River Road: 3.60%.
· Panama Lane at Buena Vista: 22.32%.
· Panama Lane at Ole River Road: 2.55%.
14. 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 Buena Vista Road,
McCutchen Road, to Arterial standards and Berkshire 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 can be provided with
the map.
b. A comprehensive drainage study 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
Page 5 of 8
'< ~~ K£1'
<::) ó~
"-
rr
--
() c..-,-
'ÎPlrH,,^,
Exhibit A
Conditions of Approval
GPAlZC 05-0942
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.
15. The alignment of McCutchen Road is to be per the adopted Metropolitan
Bakersfield General Plan Circulation Element.
16. Payment of median fees for the arterial frontage of the property within the
GPAlZC request will be required upon development. These fees may be
paid prior to recordation of any map or approval of improvement plans.
17. 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,
18, 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.
19. 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 feet
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 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.
20. We have reviewed the traffic study prepared by TPG Consulting for a 253
unit single family development and it appears to be adequate. Based
upon the study the following mitigation measures would be appropriate.
a.
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 traffic study. An estimate and fee schedule should be
Page 6 of 8
" 'òl\k(~
c.) tP
'" .."
i- m
- r-
o C>
nRIf>INAJ
...-..-..-
Exhibit A
Conditions of Approval
GPAlZC 05-0942
developed by the applicant and approved prior to recordation of a
map or issuance of a building permit. Proportionate shares from
the study are as follows:
i. Old River Road & Stockdale Highway, restripe and widen to
provide on the west bound approach - 3 left turn lanes, 4
through lanes and 1 right turn lane, 3.60% share. Note, this
mitigation goes beyond current standards, alternate forms of
mitigation may be considered when needed at the 2025
study horizon, these fees would contribute toward that future
mitigation.
ii. Panama Lane & Buena Vista Road, restripe and widen to
provide: on the east bound approach - 1 left turn lane, 3
through lanes, 1 right turn lane; on the west bound approach
- 1 left turn lane, 3 through lanes, 1 right turn lane, 22.32%
project share.
iii. Old River Road & Panama Lane, restripe and widen to
provide: on the north bound approach - 2 left turn lanes, 2
through lanes, 1 right turn lane; on the south bound
approach - 2 left turn lanes, 2 through lanes, 1 right turn
lane, 2.55% project share.
21. Pay the standard fixed rate residential fees as adopted at time of
development.
City Attorney Condition:
22. 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 of Bakersfield related to this project
Page 7 of 8
«. 'òMf-s>
o ~
;,... -
I- m
_ c-
o C>
ORIGINAl
-..--.---.
Exhibit A
Conditions of Approval
GPAlZC 05-0942
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.
MO:djl
S:\GPA 3rd 2005105-0942\Admin Staff ReplEx A-' Gond.doc
Page 8 of 8
«. 'òAK~1'
() C¿;,
;..
I-- IT;
- r-
o c:,
ORIG!NAI
Exhibit B
Location Map
~ ~Mfi'
() ~
>-
'::: {!]
o C>
ORIGiNAl
~
~ ~ :~ i
~ d
ò: ¡¡S .!! ~
.. Z "
;;
~
~
ò:
~
ò:
~
~
~ I
N ~
-.:::t ~
0> ~
0 M
I
LO ~ (]V
0
I-
~ ilm~~ ~ LU
~ ~ r-
~
~ ~~, en
0
C")
W ~ I-
~
~ [lG 0 LU
" to
(]VO! ~
Z en
::s 0
~ C")
I-
a..
~
....J ~
~ ~
CD
(")
W ~ LO
~
Z ~
~ ~
W ~
(!) "
~
.
ò:
~
ò:
~
.
ò:
~ lòl>.k"',y
~ () ~
;:... m
~ I- r-
Q 0
g ORIG'NAl
~
ò:
~ -
- -
~
ò: