HomeMy WebLinkAboutRES NO 270-05
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RESOLUTION NO.
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RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT NO. 05-0476, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED
ON THE WEST SIDE OF OLD RIVER ROAD, NORTH SIDE
OF BERKSHIRE ROAD (FUTURE), AND EAST SIDE OF
MOUNTAIN VISTA DRIVE (FUTURE), APPROXIMATELY
1,400 FEET SOUTH OF PANAMA LANE,
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, 05-0476, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No, 05-0476:
The Lusich Company, Inc. for LENNAR and MacLeu, LLC and the David p,
Antongiovanni Family Trust 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 76
acres. The project site is generally located on the west side of Old River
Road, north side of Berkshire Road (future), and east side of Mountain Vista
Drive (future), approximately 1,400 feet south of Panama Lane; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0476
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. 135-05 on September 15, 2005, the Planning
Commission recommended approval and adoption of General Plan Amendment No, 05-0476
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. 05-0476, notice of time
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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
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. 135-05, 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 76 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. 05-0476 is hereby
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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-
0476, 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 west side of Old River Road, north side of Berkshire Road (future), and
east side of Mountain Vista Drive (future), approximately 1 ,400 feet south of
Panama Lane, 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. 05-0476, 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 NOV 1 6 2005
by the following vote:
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NOES:
ABSTAIN:
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COUNCILMEMBERa.Æ:'><fY1 I lY7(""',,,,"¡<,-{¿( C~.:ÁV It,Nl'''Y\ Sj, GI)¿t.~ ,5(\...t..U71P~
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY
CITY CLERK and Ex Off 0 Clerk of the
Council of the City of Bakersfield
APPROVED
HA(iØØ1-
MAYOR of the City of Bakersfield
NOV 1 ß "2005
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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EXHIBIT A
MitigationlConditions of Approval
General Plan Amendment/Zone Change No. 05-0476
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. Construction Equipment Exhaust Mitigation Measures
The following mitigation measures are stated in the GAMAQI guidance document as
approved mitigation for construction equipment:
· Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction
employee commuting to the Project site.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing of construction activity during the peak-hour of vehicular
traffic on adjacent roadways,
B, Fugitive Dust Emissions
Construction of the Project requires the implementation of control measures set forth
under SJVAPCD Regulation VIII, Fugitive PM10 Prohibitions of the SJVAPCD. The
following mitigation measures, in addition to those required under Regulation VIII can
reduce fugitive dust emissions associated with this Project:
· 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 stabilizerlsuppressant, 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 stabilizerlsuppressant.
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Exhibit A
GPAlZC No, 05-0476
Mitigation/Conditions of Approval
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill,
and demolition activities shall be effectively controlled of fugitive dust emissions
utilizing application of water or by presoaking.
· When materials are transported off-site, all material shall be covered, or
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 accumulations 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 the 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.
· Within urban areas, trackout shall be immediately removed when it exceeds 50
or more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict the
use of cutback, slow-cure and emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site,
· Implementation of carryouUtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII.
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
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Exhibit A
GPAlZC No, 05-0476
Mitigation/Conditions of Approval
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
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.
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Exhibit A
GPAlZC No, 05-0476
Mitigation/Conditions of Approval
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.
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
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Exhibit A
GPAlZC No, 05-0476
Mitigation/Conditions of Approval
which details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately.
T ransportationfT raffic:
5, 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 Tables 7 & 8 of the project traffic study. An estimate and
fee schedule should be developed by the applicant and approved prior to recordation of
a map or issuance of a building permit. The following proportionate share contributions
shall be paid prior to the issuance of the first building permit:
a. Old River Road & Campus Park Drive: Add east left turn lane (striping only). The
project share shall be 5.76% of the cost of the above improvements,
b. Old River Road & Harris Road: Add east and west bound left turn lanes. The
project share shall be 4.38% of the cost of the above improvements.
c, Buena Vista Road & Panama Lane: Add north and south bound left turn lanes. The
project share shall be 2.58% of the cost of the above improvements,
d. Mountain Vista Road & Panama Lane: Add north and south bound left turn lanes.
The project share shall be 2.26% of the cost of the above improvements.
e. Gosford Road & Panama Lane: Add north bound left turn lane, The project share
shall be 3.72% of the cost of the above improvements.
f. Old River Road & Berkshire Road: Add east and west bound left turn lanes. The
project share shall be 7.34% of the cost of the above improvements.
g. Old River Road & McKee Road: Add east and west bound left turn lanes. The
project share shall be 5.62% of the cost of the above improvements.
h. Old River Road & Taft Highway: Add north bound left turn lane and north bound
through lane. The project share shall be 7.34% of the cost of the above
improvements.
I. Gosford Road, Panama Lane to Harris Road: Add 1 lane. The project share shall
be 6.82% of the cost of the above improvements.
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ORIGiNAL
Exhibit A
GPNZC No. 05-0476
Mitigation/Conditions of Approval
j. Gosford Road, Harris Road to Pacheco Road: Add 3 lanes. The project share shall
be 6.82% of the cost of the above improvements,
6, Prior to the issuance of any building permit, the developer shall pay the applicable
Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of
Bakersfield Public Works Department.
Williamson Act Contract Cancellation Fee:
7. Prior to the recordation of a subdivision map creating parcels less than twenty acres in
size or the issuance of a building permit for any urban or non-agricultural uses on the
south half of Assessor Parcel Numbers 497-031-04 or 497-031-06, the
applicanUdeveloper shall provide proof to the City of Bakersfield Planning Department
that the required Williamson Act Land Use Contract cancellation fee of $598,575, or as
calculated by the Kern County Assessor's Office, has been paid to the Kern County
Treasurer.
Public Works:
8. 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 Old River Road, to Arterial standards and
Berkshire Road and Mountain Vista Road to Collector standards, for the full
frontages of the area within the GPNZC 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 GPNZC 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 GPNZC 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.
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Exhibit A
GPAlZC No, 05-0476
Mitigation/Conditions of Approval
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.
9, 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.
10, 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.
11. 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,
12. 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 or arterial road (depending on alignment) with 8-foot 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.
City Attornev:
13. 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
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Exhibit A
GPAlZC No. 05-0476
Mitigation/Conditions of Approval
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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