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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)> () lP >- '" 1 s ~ t) c:> ORIGINAL 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. -........()()()-----... 2 X ~Mc1' :;) ~ >- ':: J:!] () C:> 0RIG'NAL 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: '~~p ABSTAIN: ~~SEN"'D v'" ........... ~ ------' .---- .....---- COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER &~~"'---- f1....,~. d.m~ 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 MO:djl S:\GPA 3rd 2005\05-0743\Resotutions\res,gpa_cc.doc 3 x 'OAK(o)> C:> ~ >- - f-- m _ r- o C) ORIG~NAl 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. x 'y,JI,KE1. C) ~ >- - f-- m _ r- o <::> ORIGINAL 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 Page 2 of 9 x <o!l.Kf5' C) ~ >- - f-- m _ r- o C) ORIGiNAL 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: Page 3 of 9 '< I>Mf1' C) ~ >- - f-- m - f""- o C) 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 Page 4 of 9 <, 'OI\Kfl' () ~ >- - f-- m _ r- o C) ORIGiNAL 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. Page 5 of 9 x~{l../{f1 C) ~ ~ - f-- m _ r- o C) ORIGINAL ----.-- -~_"_'~--~-~_""_'_"'-~'_"'_-'"""-"- ....-...,,-.. 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 Page 6 of 9 '< 'OIIK~ () <!;, >- ~ f!! <.) C) 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. Page 7 of 9 ~ 'OJi.Kf~ C) ~ >- - f-- m _ r- Q <::> 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::; x :,yd' 0" >- ~ Page 8 of 9 '::: f!! o C> ORIG'NAI 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. MO:djl S:\GPA 3rd 2005\05-0743\Admin Staff Repo\EX A.1 Cond.doc Page 9 of 9 x 'OP.Kt~ C> ~ >- - f-- m _- r- o C) ORIGINAL EXHIBIT B Map '< 'QAKc-9 C) ':!;, :>- - f-- m _ r- o <::> OOi!G.WAL ('f) ~ I'- 5 o I LO o ~ Z W ~ ~-:I W I ~- <( Z <( ~ a.. ~ ~ W Z W <.9 < <l ~ . . " . " on \ a > " ~ . '" ~ 5 . w ~ . M ~ . a > " ~ // a I ~ > " 0\ ) ~ . on <D "- ~, < <l < <l . " <D . " .. . ~ z ... ~ :~~ ~~~ o . " < " ~ . ~ < <l < <l 'OAkfl' cS< ~ >- Iii f-- r- -0 C) ORIG!NAL