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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¿;, ;.. 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