HomeMy WebLinkAboutRES NO 039-06
RESOLUTION NO.
039-06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1437, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED ON THE NORTH SIDE OF KERN
CANYON ROAD (STATE HIGHWAY 184), APPROXIMATELY 2,000
FEET SOUTHWEST OF THE INTERSECTION OF KERN CANYON
ROAD AND STATE HIGHWAY 178.
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, December 12,
2005, and on Thursday, December 15, 2005, on General Plan Amendment No. 05-1437, 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. 05-1437, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1437:
Porter-Robertson Engineering & Surveying for Marion & Shirley Collins Family
Limited Partnership applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from MUC (Mixed Use Commercial)
to LR (Low Density Residential) on 7.89 acres and from HMR (High Medium Density
Residential) to LR on 0.29 acres. The project site is generally located on the north
side of Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest
of the intersection of Kern Canyon Road and State Highway 178; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1437 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 Califomia Environmental Quality
Act (CEQA); and
WHEREAS, by Resolution No. 199-05 on December 15, 2005, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1437 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. 05-1437, notice of time and place ofthe 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.
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2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No, 199-05, adopted on December 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 MUC (Mixed Use Commercial) to LR
(Low Density Residential) on 7.89 acres and from HMR (High Medium Density
Residential) to LR on 0.29 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. 05-1437 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. 05-01437,
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 north side of
Kern Canyon Road (State Highway 184), approximately 2,000 feet southwest of the
intersection of Kern Canyon Road and State Highway 178, subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A".
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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, 05-1437, 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 a§o.!tlm1 by the Council af
the City of Bakersfield at a regular meeting thereof held on f I:.ts
by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
COUNCILMEMBER
ABSENT:
APPROVED
FEB
8 2006
HARVEY .HALL
MAYOR of the City of Bakers
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
Ll.rYk
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk f the
Council of the City of Bakersfield
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1437
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
1. Although the proposed project will result in emissions that are considered to be "less
than significant" levels for ROG and NOx, mitigation measures were identified to further
reduce project emissions based on project design, standard construction practices and
current regulations. 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:
PMlo Mitigation Measures
A. The criteria pollutant most affected by the proposed mitigation measures will be
PM1Q As the project will be completed in compliance with SJVAPCD Regulation
VIII, dust control measures shall be implemented 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 - if any) 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 SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or
more than 20 vehicle trips per day by vehicles 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 6
inches and cover or effectively wet to limit visible dust emissions.
· 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
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Exhibit A
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
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 stabilizer/suppressants,
· 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 revegetate graded areas as soon as it is
feasible after construction is completed.
Measures to Reduce Construction Equiprnent Exhaust
B. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
· Maintain all construction equipment as recommended by manufacturer
manuals.
· Shut down equipment when not in use for extended periods of time,
· Construction equipment shall operate no longer than eight cumulative
hours per day.
· Use electric equipment for construction whenever possible in lieu of diesel
or gasoline powered equipment.
· Curtail use of high-emitting construction equipment during periods of high
or excessive ambient pollutant concentrations such as "Spare the Air"
days as declared by the SJVAPCD,
· All construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially
reduce NOxemissions,
· On-road and off-road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines.
· On-road and off-road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
· Use of Caterpillar pre-chamber diesel engines or equivalent shall be
utilized if economic and available to reduce NOx emissions,
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Exhibit A
GPAlZC No, 05-1437
Mitigation/Conditions of Approval
· All construction workers shall be encourage to shuttle (carpool) to retail
establishments or to remain on-site during lunch breaks.
· All construction activities within the project area shall be discontinued
during first stage smog alters,
· Construction and grading activities shall not be allowed during first stage
ozone alerts. First stage ozone alerts are declared when the ozone level
exceeds 0.20 ppm (1-hour average).
Other Mitigation Measures
C. The following mitigation measures will further reduce the potential for long term
emissions form the completed project:
· The project design shall comply with standards set forth in Title 24 of the
Uniform Building Code to minimize total consumption of energy.
· Applicants shall be required to comply with applicable mitigation measures
in the Air Quality Attainment Plan, District Rules, Traffic Control Measures,
Regulation VIII, and Indirect Source Rules for the SJVAPCD.
· The developer shall petition the Golden Empire Transit District (GET) to
conduct a service study to determine if the project site warrants being
annexed into the GET operational system.
· If the GET service study indicates that the development qualifies for
addition to the GET system, specific bus turnouts and shelters shall be
located at appropriate locations to serve commercial and residential sites
within the project area in consultation with the Golden Empire Transit
District. The bus turnouts and shelters shall be planned by developers in
the project area and local transportation coordinating entities to encourage
the efficient and practical use of public transit entities servicing the project
area.
· The developer shall comply with the provisions of SJVAPCD Rule 4601 -
Architectural Coatings, during the construction of all buildings and
facilities, Application of architectural coatings shall be completed in a
manner that poses the least emissions impacts whenever such application
is deerned proficient.
· The developer shall comply with the provisions of SJVAPCD Rule 4641
during the construction and pavement of all roads and parking areas
within the project area. Specifically, the developer shall not allow the use
of:
. Rapid cure cutback asphalt;
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Exhibit A
GPAlZC No, 05-1437
Mitigation/Conditions of Approval
· Medium cure cutback asphalt;
· Slow cure cutback asphalt (as specified in SJV APCD Rule 4641,
Section 5.1.3); or
· Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section
5.1.4).
Bioloaical Resources:
2. A preconstruction survey shall be conducted by a qualified biologist within thirty days
prior to any initial ground disturbance to ensure that no sensitive animal species has
entered the property.
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.
Hazards and Hazardous Materials
5. With the submittal of the first tentative subdivision map application, the applicant shall
submit a Phase II Environmental Site Assessment (ESA) evaluating the following
hazards identified in the Phase I ESA (Kleinfelder, Inc" May 13, 2005) to the
satisfaction of the City of Bakersfield Fire Department (Prevention Services Division), If
deemed necessary by the Prevention Services Division, the applicant shall submit a
remediation plan and shall implement said plan to the satisfaction of the Prevention
Services Division.
a. Soil samples shall be collected at appropriate depths from the location of the
racing fuel UST removed from the site in 2004, and analyzed for gasoline
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Exhibit A
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
constituents. The analytical results of the soil samples shall be forwarded to the
City of Bakersfield Fire Department with a request for closure, if warranted,
b, Numerous drums and other smaller containers of waste oil, as well as numerous
empty drums and tires, were noted at the site, These tires, drums, and the
contents of the drums shall be removed from the site for proper disposal.
Characterization of the drum contents may be required if the contents are
unknown.
c. Several areas of surface soil staining were noted near the two car repair and
servicing buildings, Discolored soils shall be removed from the site for
appropriate disposal prior to development.
d. A water well was noted adjacent to a water storage tank, west of the racetrack. If
it will not be used, the well shall be destroyed in accordance with applicable state
and local guidelines,
Noise:
6. Along State Highway 184, a minimum six-foot tall sound wall (measured from the
finished grade of the adjacent residential lots) shall be included on all applicable
subdivision maps for the GPAlZC area and shall be constructed prior to the recordation
of each affected phase,
7. Prior to the issuance of any building permits for habitable residential structures on lots
adjacent to State Highway 184, the applicant shall demonstrate compliance with the
following requirements to the satisfaction of the Building Department:
a. Mechanical ventilation or air conditioning shall be installed so windows and doors
may remain closed to provide for the necessary acoustical insulation.
b. Windows shall be carefully installed, sealed and caulked so that there are no
openings between the window assembly and wall.
c. Exterior doors, excluding glass doors, shall be solid-core wood with perimeter
weather-stripping and threshold seals or equivalent.
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Exhibit A
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
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 SR 184 to arterial or Caltrans standards and
Mesa Marin Drive to collector standards for the full frontage of the area within the
GPA request, if necessary. 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. This GPAlZC area is within the Breckenridge Planned Drainage Area (PDA). All
storm drain systems shall be per the requirements of the PDA.
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.
d. 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. 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.
10. Median fees shall be paid for Kern Canyon Road frontage, if not already previously
paid.
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Exhibit A
GPNZC No. 05-1437
Mitigation/Conditions of Approval
11, 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.
Mesa Marin Sports Complex Adiacencv:
12, The Developer shall pay $600,00 per dwelling unit in addition to the city park
development fee, to assist the City in upgrading the existing sports complex lighting,
13. Prior to or concurrently with recordation of any final subdivision map within the GPNZC
area, the subdivider shall record a covenant on all lots of the subdivision disclosing the
potential for light, glare, and noise disturbances associated with the operations of the
Mesa Marin Sports Complex.
City Attornev:
14, 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.
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Exhibit B
General Plan Amendment Map
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