The URL can be used to link to this page

Home My WebLink AboutRES NO 029-06 RESOLUTION NO. 02Q-06 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 05-0425 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED SOUTH OF TAFT HIGHWAY, EAST WIBLE ROAD. (Ward 6). 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- 1765 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. 05-0425 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 05-0425: Marino Associates, for Hughes Partners, 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 ER (Estate Residential) and LMR (Low Medium Density Residential) to LR (Low Density Residential) and UER (Urban Estate Residential) on 56.64 acres. The project site is generally located south of Taft Highway, east Wible 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 staff and the Planning Commission; and WHEREAS, by Resolution No. 210-05 on December 15, 2005, the Planning Commission recommended approval of General Plan Amendment No. 05-0425 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, February 8, 2006, on the above described General Plan Amendment No. 05-0425 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: ú~; «,1:/." 1 co, , , c- \.,' 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- 0425 is hereby recommended for approval. 4, As to General Plan Amendment 05-0425 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from ER (Estate Residential) and LMR (Low Medium Density Residential) to LR (Low Density Residential) and UER (Urban Estate Residential) on 56.64 acres, as requested by the applicant and shown on attached map in Exhibit "B", generally located south ofTaft Highway, east of Wible 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. 05-0425 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- 0425 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 setforth, for property generally located south ofTaft Highway, east of Wible Road, subjectto conditions of approval shown on Exhibit "A". 5. That Case No. 05-0425, 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 :ql ., --'-" .__.,.-,.~--^ .__.,-<_.^,~._.. '-----'-'--,""-'-'-' I HEREBY CERTIFY that the foregoing Resolution was passed allila..dopted bj( the Council of the City of Bakersfield at a regular meeting thereof held on f EB 8 20IJ!5 , by the following vote: //V'vvv~ ~ COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED fEB 8 2006 HAR EY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By: ¡JiJfA£ m, ~ aOY\,DA d. n"lrr A~ PAMELA A. McCARTHY, CM - CITY CLERK and Ex OfficIo CI í1< of the Council of the City of Bakersfield Attached: Exhibit A - Conditions of Approval B - Map MG:MO:jm S:\GPA 4th 2005\05-0425\Resolutions\res,gpa_cc.doc 3 ,-j ...,- {.', EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change 05-0425 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 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. PM10 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: 2, 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. 3. 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, 4. Reduce speed on unpaved roads to less than 15 miles per hour. 5. Installand 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, 6. 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. 7. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking, ^'_______._n ._,..,___....___~ ..____.-__..._ Exhibit A GPAlZC 05-0425 Conditions of Approval Page 2 of 6 8. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. 9. Limitand 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). 10. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. 11. Remove visible track-out from the site at the end of each workday, 12. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). 13. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. 14. Project site shall not be cleared of existing vegetation cover until required by construction, 15. The project developer shall revegetate graded areas as soon as it is feasible after construction is completed. 16. 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. 17. Construction contractor shall provide written notification to the APCD within 10 days prior to the commencement of earthmoving activities via fax or mail. 18, 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. B. Ozone Precursor Emission Mitigation Measures Exhibit A GPAlZC 05-0425 Conditions of Approval Page 3 of 6 The following mitigation measures are recommended to further reduce the potential for long term emissions from the completed project: 19. The developer will provide: o Sidewalks and/or pedestrian paths o Bike lanes/paths connecting to bikeway system o Transit shelters and/or benches in cooperation with existing transit provider Cultural Resources MitiQation Measures 20. 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. 21. 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 22. A Phase I Environmental Site Assessment shall be prepared for the Project site to determine potential hazardous wastes, Division of Oil. Gas and Geothermal Resources 23, If excavation or grading operations uncover a previously unrecorded well, the Division district office in Bakersfield shall be notified of such well and may require remedial operations. Public Works Department Conditions 24. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: Exhibit A GPAlZC 05-0425 Conditions of Approval Page 4 of 6 a) Provide fully executed dedication for the east Y. of Wible Road to arterial standards and for Hughes Lane to collector standards, and the south Y. of Taft Highway as a State Highway for the full frontage 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) Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 2 sumps 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 reimbursernent of oversizing costs to the developer. d) In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in the storm drain system to remove or rninimize the introduction of oil, grease, trash, and sediments to the sump. This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. 25. 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 Exhibit A GPAlZC 05-0425 Conditions of Approval Page 5 of 6 of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. 26. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required to be paid prior to recordation of any map or approval of any improvement plan for the GPAlZC area, 27. Improvements on Wible Road and Taft Highway shall include the property at the southeast corner of the intersection. Improvements shall include paving, curb, gutter and sidewalk. 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. 28, With development within this GPAlZC, the west half of the Hughes Lane canal crossing of the West Branch of the Kern Island Canal must be constructed. 29, the development shall pay into the adopted Regional Traffic Impact Fee fixed rate program. Citv Attornev Condition 30. 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 related to this project and the --- .-.....-.--.,-. -------_.__.._,.~._,_.__.- Exhibit A GPAlZC 05-0425 Conditions of Approval Page 6 of 6 obligations of this condition apply regardless of whether any other permits or entitlements are issued. 31. 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. Williamson Contract Fee 32. Prior to any further development of the project site, the payment of the fee calculated by the Kern County Assessor's Office, the calculated fee is $282,250.00. MG:MO:jm S:\GPA 4th 2005\05-0425\Admin Staff Report\Exh A Cond.doc Exhibit B Map LO N 5 ~ I LO o ..... ~ 3 ~ o z w ~ « z :5 a. .-J ~ W Z W C) ~ 5 iii Œ Œ ..-..- "i !J! ií I m :> g ~ iii g g g g ~ :> Of Œ ií s .. ~ .. ~ ~ ~ ... !I Z " ~