HomeMy WebLinkAboutRES NO 035-06
RESOLUTION NO.
035';;06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-0936, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
ETCHART ROAD (FUTURE) AND JEWETTAAVENUE (FUTURE).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 ofthe Government Code, held a public hearing on Monday, December 12,
2005, and on Thursday, December 15, 2005, on General Plan Amendment No. 05-0936, notice of the
time and place of hearing having been given at least twenty (20) calendar days before said hearing by
pUblication in The Bakersfie/d Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-0936, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-0936:
SmithTech/USA Inc. for Ralph B. Simons applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from R-IA
(Resource - Intensive Agriculture) to LR (Low Density Residential) on 19.3 acres.
The project site is generally located at the southeast corner of Etchart Road (future)
and Jewetta Avenue (future); and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-0936 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. 195-05 on December 15, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-0936 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, FEBRUARY 8,
2005, on General Plan Amendment No. 05-0936, 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,
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 195-05, adopted on December 15,
2005:
X 'òr>.K~?,
o ~
>- -
m
I;:: ,....
'-' (:)
ORIGINAL
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 R-IA (Resource -Intensive Agriculture) to
LR (Low Density Residential) on 19.3 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. 05-0936 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, 05-0936,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located at the southeast
corner of Etchart Road (future) and Jewetta Avenue (future), subject to the
"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
2 ~ 'òM('-2
C) ~
>- -
'::: f!
C) t-
ORIGINAl
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. 05-0936, 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.
---------000--------
3
!< v,Mf-£
o ~
>- -
I- m
- ,....
'" (::
ORIGINAl
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 FES 8 ¿006
by the following vote:
~
.....
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
~
.....
-
NOES:
COUNCILMEMBER
COUNCILMEMBER
ABSTAIN:
ABSENT:
COUNCILMEMBER
APPROVED
FEB 8 2006
HARVEY L. HALL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: 1~7n ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
f1.....IA /1. m(rt'.^~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
PH - S:IGPA 4th 2005105-0936\Resolutions1CC GPA Resolution.doc
4
~ 'QM~1
Cj %
~ g
" O~IGINAL
Exhibit A
Mitigation/Conditions of Approval
« '<JM£'-)'
o <!;,
>- -
m
\;: r--
Q ~
ORIGINAl
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0936
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
1. The applicanUdeveloper 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 during the construction phase of the project to reduce
construction exhaust emissions:
· 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,
2. Construction of the project requires the implementation of control measures set forth
under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution
Control District. The applicanUdeveloper of the project site shall submit documentation
to the Planning Department prior to issuance of any building penmit that they will/have
met the following air quality mitigation measures, in addition to those required under
Regulation VIII, during the construction phase of the project to reduce fugitive dust
emissions:
· 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 stabilizer/suppressant, 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 stabilizer/suppressant.
~ 'Q¡"/(~-9
C) ~
>- -
t- m
_ r-
'" ()
ORIGINAL
Exhibit A
GPAlZC No. 05-0936
Mitigation/Conditions of Approval
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and
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 materials 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 accumulation 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 arterials 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 track out shall be immediately removed when it extends 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 track
out.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District 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 carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
Page 2 of 6
~ 'òM('1'
() ~
>- -
I- m
_ r-
'" ~
ORIGINAl
-. - _. _.._~.~--~~.-._.~--_..,-_.._<-_....., ..,._,,------_.~--
Exhibit A
GPAlZC No. 05-0936
Mitigation/Conditions of Approval
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 which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
T ransportationfT raffic
5. Prior to the issuance of any building permit, the developer shall pay the applicable
Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield
Public Works Department.
6. 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 and 8 of the traffic study (Ruettgers & Schuler
Civil Engineers, June 2005). 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.
Proportionate shares based on PM peak trips from the study are as follows:
a. Jewetta Ave & Seventh Standard Rd, Install signal, Add 2 NBL, 1 NBT, 2 SBL, 1
SBT, 2.79% share
b. Verdugo Ln and Seventh Standard Rd, Add 1 NBL, 1 SBL, 1.96% share
c. Calloway Dr & Seventh Standard Rd, Add 2 SBL, 1 SBT, 1.26% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound,
L - Left turn lane, T - Through lane, R - Right turn lane
Page 3 of 6
~ 'òMê~
o %
>- -
m
I;; r-
Q c:>
ORIGINAL
Exhibit A
GPNZC No. 05-0936
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
7, 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 Jewetta Avenue to arterial 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 GPNZC area is
submitted, dedication can be provided with the map,
b. This GPNZC area is too small to support its own storm drainage sump. The City
will allow no more than one sump per 80 acres; therefore, this GPNZC area
must be included within the drainage area of adjoining property, The developer
shall participate in the development of a Planned Drainage Area and provide a
drainage study for the GPNZC area, showing its proportionate share of the
necessary ultimate storm drainage facilities.
c. 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 minimize 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.
8. The GPNZC area is within the service area of the North of River Sanitary District NO.1.
Sewer service in this area must conform to the NORSD's adopted Sewer Study, and
construction of sewer lines shall be per NORSD's requirements, All trench backfill and
paving within the public right-of-way shall require an Open Street Permit and be as per
the City of Bakersfield's adopted standards.
9. Development of this GPNZC area will require the improvements of Jewetta Avenue
along the frontage of the GPNZC area to arterial standards, The timing of these
improvements can be addressed when a tentative map is submitted,
Page 4 of 6
5< ~Mê?,
Q ~
>- -
'=: ~
ø b
ORIGINAL
Exhibit A
GPAlZC No. 05-0936
Mitigation/Conditions of Approval
10. Access to the project area from Jewetta Avenue is provided by a sub-standard road.
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' 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,
11. The Seventh Standard Road, Jewetta Avenue, Etchart Road and Snow Road crossing
of the Friant-Kern and/or Calloway Canals needs widening. Developer shall pay their
proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings.
12. Access to the arterial 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,
13. Payment of median fees for the arterial frontage of the property within the GPAlZC
request. These fees shall be paid prior to recordation of any map or approval of any
improvement plan for the GPAlZC area,
14. 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 this GPA area,
Teion Indian Tribe Notification
15. Prior to recordation of the first final map or commencement of ground disturbing
construction activities within the GPAlZC area, whichever occurs first, the applicant
shall notify the Tejon Indian Tribe Cultural Resource Management Team (CRMT) of the
planned construction schedule and shall grant permission to CRMT personnel to
conduct archaeological monitoring of ground disturbing activities. Said notice shall be
sent by registered mail to: Tejon Indian Tribe CRMT, 2234 4th Street, Wasco, CA
93280. The applicant shall submit proof of compliance with this requirement to the
Page 5 of 6
~ '¢ AKç1'
o ~
>- -
..... m
_ f-
a b
ORIGINAL
Exhibit A
GPAlZC No. 05-0936
Mitigation/Conditions of Approval
Bakersfield Planning Department. In the event the construction schedule changes
following the initial notification, subsequent notice(s) shall be given to the Tejon Indian
Tribe CRMT and Bakersfield Planning Department in the manner described above,
Added by Planning Commission in response to a comment letter from the Tejon Indian
Tribe CRMT.
Citv Attornev
16. 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 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.
Page 6 of 6
~ <õM(.'-9
() <!;
>- -
~ r
ó c
ORIGINAl
Exhibit B
General Plan Amendment Map
~ 'òMê~
C) ~
>- -
t- m
_ r-
Q c:,
ORIGINAL
____ __"_~__. _"C_'___C'" _"_____"'~/.__..__,,. .___"'
.
. 0
"
. '" ií ~
r 0 ií[
~ ií
ií I[
~ g¡ i,
ií ~ .
ií 0
.
~
·
0 ~
~
ií
~
.
"
(0 8 [jJ
('I) ß[
0) I
0 ffi 8 i ~
I ~
LO ,
0 I ií
l- i ~ !'!
Z ! ií
LU ií ~5
~ I!:! ií
0 ~
Z I ~-"_"_"_II_'
LU ií
~ ! I
i ií ,
« ~ ií , I
ií 8 I
Z . ~
:5 ffi "
~ 8
a.. ~
~ ií
.....I < ~ D8ill [
~ ~ ¡¡¡:
·
" cñ
LU '"
~ , ~~
Z ~
LU
<!) (/) ií ~
~
ií ~
.
" ~
~ I z
II ~
8 ~
.--~ -----
-----
· - -
"