HomeMy WebLinkAboutRES NO 272-05
RESOLUTION NO.
2 7' 2 ~ O-S-
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. 05-0743 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ALONG THE NORTH SIDE OF TAFT HIGHWAY,
GENERALLY EAST OF 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. 05-
0743 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. 04-0743 of the proposed amendmentto the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 05-0743:
Jim Marino, for Del Ray Development LLC, 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 86.37 acres. The project site is located
along the north side of Taft Highway, generally east of 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 CEQA and City of Bakersfield's CEQA Implementation Procedures, have
been duly followed by the city s18ff and the Planning Commission; and
WHEREAS, by Resolution No. 138-05 on September 15, 2005, the Planning Commission
recommended denial of General Plan Amendment No. 05-0743 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. 05-0743 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 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 and constitute the Findings of x 'f,/I,I<.C'o)>
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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. 04-
0743 is hereby recommended for approval.
4. The General Plan Amendment 05-0743 is hereby approved to LR (Low Density
Residential) on 86.37 acres 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 05-0743 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 86.37 acres, as requested by the applicant and shown on
attached map in Exhibit "B", located along the north side of Taft Highway, generally
east of Buena Vista Road 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. 05-0743 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-
0743 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 along the north side of Taft Highway, generally east of Buena Vista Road,
subject to conditions of approval shown on Exhibit "A".
5. That Case No. 05-0743, approved herein, be combined with other approved
cases 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 it '2005
by the following vote:
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ABSTAIN:
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COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER &~~"'----
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 1 G 2005
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: 1~7n- ~
Attached: Exhibit A - Conditions of Approval
B - Map
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change ()5-()743
Air Qualitv Mitiqation Measures:
1. To ensure that projE:ct 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. 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:
. 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 six inches and cover or effectively wet to limit visible
dust emissions.
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
. 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 of materials using water or chemical
sta bi I izer/ suppressa nts.
. 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 SJVAPCD 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 re-vegetate graded areas as soon
as it is feasible after construction is completed
. The construction contractor shall submit a Dust Control Plan to
the APCD at least 30 days prior to the start of the any
construction activity.
. Construction contractor shall provide written notification to the
APCD 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.
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
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
one or a combination of 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.
1. 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:
a. Construction of a new, warranted signal.
b. Modification of an existing signalized intersection to
add additional left turn storage or dedicated right turn
capability.
c. Car crushing of older model cars.
d. Modification to stationary diesel engines, such as for
agricultural use.
e. Modification of fleet vehicles and/or other mobile
sources.
2. 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:
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ORIGINAL
Exhibit A
Conditions of Approval
GPAlZC 05-0743
1. Review the air emiSSion impact assessment protocol and
quantification of emission estimates attributable to the
project.
2. Accept the estimated monetary value of the emission
reductions to equal the emissions from the project.
3. Locate and implement the emission reductions.
4. 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 Mitiqation Measures
3. 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.
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
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
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.
Noise
5. 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 a.m. to 9 p.m. on
weekdays and 8 a.m. and 9 p.m. 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.
Public Services
6. 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 adjustment
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.
Traffic
7. 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.
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
Table 7
Future Street Improvements and Local Mitigation Percentages
# Intersection Total Improvements Local Mitigation Project % Share
Required by 2025 (Improvements n:~t for Local
covered bv RTI F Mitiaation
14 Gosford Road & Install Signal - 1 EBT, 1
Taft Highway SR - -
119 WBT, 1 NBL, 1 SBL
11 Old River Road & Install Slgnal- 1 EBT, 1
27 Taft Highway SR WBL, 1 WBT, 1 NBL, 1 - -
119 NBT, 1 SBT
40 Green Road &
Taft Highway SR Install Signal - 1 SBT - -
119
58 Buena Vista Road Install Signal - 1 NBL, 1
& Taft Highway - -
SR 119 SBL
59 Buena Vista Road
& McCutchen Install Signal - 1 NBL - -
Road
60 Buena Vista Road Install Slgnal- 2 EBL, 2
& Panama Lane EBT, 1 EBR, 2 WBL, 2
WBT. 1 WBR, 2 NBL, 2 - -
NBT, 1 NBR, 2 SBL, 2
SBT, 1 SBR
61 Buena Vista Road Install Signal -
& Coulter Road -
63 Buena Vista Road Install Signal -
& McKee Road -
90 Project Entrance
& Taft Highway Install Signal - -
SR 119
Source: Ruettoers and Schuler Civil Ennineers, May 2005.
Notes: (%) Caltrans Percent Share Calculations Method
NB = North Bound
S8 = South Bound
WB = West Bound
EB = East Bound
L = Left rum Lane
T = Through Lane
R Richt Turn Lane
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ORIGINAL
Exhibit A
Conditions of Approval
GPAlZC 05-0743
Table 8
Future Roadway Improvements and Local Mitigation
Total Local Mitigation Project %
Intersection Improvements (Improvements Share for
not covered by Local
Required by 2025 RTIF\ Mitiqation
Buena Vista Road: Pacheco - Taft Add 2 Lanes
Hiohwav (SR 119) - -
Old Ri~~r{~oad: ~~nama Lane - Taft Add 2 Lanes
Hiahwa SR 119 - -
McCutchen Road: Buena Vista - Add 2 Lanes
Prooress Road - -
Taft Highway (SR 119): Allen - Stine Add 2 Lanes - -
Panama Lane: EtO Buena Vista to Add 2 Lanes
Gosford Road - -
Source: Ruettgers and Schuler Civil Engineers, May 2005.
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 Taft Highway to Caltrans
Standards, Buena Vista Road to arterial and Mountain Vista to
collector standards for the full frontage of the area within the GPA
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. Submit a comprehensive drainage study to be reviewed and
approved by the City Engineer. No more than 1 sump may be
utilized to serve this area; these sumps should be located so that
they may be available to serve adjacent areas as they develop. If
only one sump is utilized to serve this GPAlZC area, it need not be
so located. The study shall be approved and any required retention
site and necessary easements dedicated to the City.
C. Sewer service must be provided to the GPAlZC area. The
developer shall be responsible for the initial extension of the sewer
line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is
willing to aid the developer in the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
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ORIG!NAl
Exhibit A
Conditions of Approval
GPAlZC 05-0743
9. 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.
10. Developer shall pay median fees for Taft Highway and for Buena Vista Road
within the boundaries of the GPA/ZC area. The payment of these fees may be
phased to match the construction phasing of the project.
11. Access to the project area from Buena Vista Road and Taft Highway is
provided by sub-standard roads. 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.
12. Pay the standard fixed rate residential fees as adopted at time of
development.
Citv Attornev Condition:
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 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 <QMt::;
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Exhibit A
Conditions of Approval
GPAlZC 05-0743
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
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