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Home My WebLink AboutRES NO 043-06 - RESOLUTION NO. 043-;-0--6 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 05-0410 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH OF CASA LOMA DRIVE, GENERALLY EAST COTTONWOOD ROAD. (Ward 1). 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, NOVEMBER 28, 2005, and continued to THURSDAY, DECEMBER 1, 2005, on Case No. 05-0410 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. 05-0410 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 05-0410: Pinnacle Engineering, for Tim Denari of BVGG 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 GC (General Commercial) and LI (Light Industrial) on approximately 110 acres. The project site is located south of Casa Loma Drive, generally east Cottonwood 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 CEOA and City of Bakersfield's CEOA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 179-05 on December 1, 2005, the Planning Commission recommended denial by Operation of Law for General Plan Amendment No. 05-0410 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 applicant has appealed the decision of the Planning Commission to the City Council; 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 appeal and General Plan Amendment No. 05-0410 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 atleastten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and '0Mf<)' ~ ~ >- - 1 ~ ~ o ~ ORIGINAL 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 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- 0410 is hereby recommended for approval. 4. Both proposed land use designations are appropriate for that area within Y. mile of the sewer treatment plant. 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. 05-0410 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 the appeal and approves and adopts General Plan Amendment No. 05-0410 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 generally located south ofTaft Highway, east of Wible Road, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 05-0410, 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 ~ '0AI(~1' C) ú' "- ." >- ;;:; - r- °ORI(;INAé' .._--~._+._-_._--+._-~._..__..- 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 FE8 8 20U6 , by the following vote: ~ v-- <-AYES":) NOES: ABSTAIN: ABSENT: L..--- L--- 0--' L COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER L--- COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI i1< of the Council of the City of Bakersfield APPROVED FE8 8 2006 HARVEY L. ALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By~1n~ Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 4111 2005\05-0410\Resolutionslres,gpa_cc.doc 3 X 'QAké'?è o <P >- ." .... ;¡; :::) r- ORlrJlNA? Exhibit A Conditions of Approval ~ '0A1r~ C) t ~ .,., I- - _ m '-' ,... I)q'GNAt~ EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change 05-0410 Air Quality Mitiqation Measures: 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 latest URBEMIS 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: The following mitigation measures can be utilized during the construction phase of the project to reduce construction exhaust emissions: 1 . Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. 2. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. 3. Encourage ride sharing and use of transit transportation for construction employee commuting to the project site. 4. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. 5. 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. Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PMlO Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust emissions associated with this project: 6. 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. 5<. '0f>..Kf-» () ~ >- - m ~ r- Q <::> ORI(;INAI Exhibit A Coditions of Approval GPAlZC 05-0410 Page 2 of 8 7. All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabi I ize r/su pp ressa nt. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. 14. 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. 15. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). 16. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. 17. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. '0M~"t ~ ~ >- m I;::. ,.... " ORIG'N~P Exhibit A Coditions of Approval GPA/ZC 05-0410 Page 3 of 8 Cultural Impact Mitiqation Measures: 18. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 19. 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. Traffic Impact Mitiqation Measures: 20. The following Table identifies mitigation: proectproo Facility Rata. Share 1"101 Intersection of Cottonwood Road and Watts Drive 10.40 Intersection of Cottonwood Road and White Lane 6.80 Itnersection of Minn Avenue and SR-99 Northbound on and off ramps 2,23 Intersection of White Lane and SR-99 Northbound off ramn 1.51 Intersection of Cottonwood Road and SR-58 Eastbound on and off ramps 5.02 Intersection of Cottonwood Road and Casa Lorna Drive 13.96 Intersection of Union Ave and Minn Ave 3.85 Intersection of White Lane and Union Ave 2.79 Intersection of Cottonwood Road and SR-58 Westbound on and off ramns 2.95 Intersection of Cottonwood Road and Brundaoe Lane 1.98 Intersection of Mina Ave and Wible Road 0.95 Intersection of Mina Ave and South H Street 2.63 Intersection of White Lane and South H Street 1.91 Addition of one lane in each direction for Cottonwood Rd between Casa Loma 10.07 Drive and White Lane, Traffic lmoact Studv~ Pinnacte E(iQ¡neerioo. June 15, 2005. Public Works Conditions: 21. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: x «¡A/(ç-9 C) if' :>- ~ f- rr - ,. o c:- ORIGINA' Exhibit A Coditions of Approval GPNZC 05-0410 Page 4 of 8 a. Provide fully executed dedication for Casa Loma Drive to arterial standards and Washington Street and Watts Drive 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 GPNZC area is submitted, dedication can be provided with the map. b. For storm drainage, only 1 sump will be allowed to serve the entire GPNZC area. This sump must be located on the periphery of the GPNZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. c. In order to reserve 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. Sewer service must be provided to the GPNZC 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. 22. 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 GPA area. 23. Median fees shall be paid for Casa Loma Drive. 1.'0Mf-9. Ò" <!.; :>- IT I;::. ,.. o <:: ORIGINAl Exhibit A Coditions of Approval GPA/ZC 05-0410 Page 5 of 8 24. The existing canal ditch within the GPA shall be relocated out of the existing and future right of way of streets. Crossings shall only be allowed at right angles. 25. In an attempt to reduce complaints and unwarranted investigations, the applicant shall record a covenant as part of any transfer of properties within the project site regarding the proximity of the treatment plant as follows: Your real property is adjacent to or in the vicinity of property used for the City of Bakersfield Sewer Treatment Facility, you may be subject to inconveniences or discomforts arising from and associated with such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to odors. Traffic Comments: 26. We have reviewed the study prepared by Pinnacle Engineering for the single family residential development on 110 acres and it appears to be adequate. Based upon the study for the development the following mitigation measures would be appropriate. Local Mitiqation Measure by Public Works: 27. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study (percentages have been adjusted from table per City & State policy to base share on percent of new traffic only). 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. a) Cottonwood Road and Watts Drive - Install traffic signal, expand intersection to provide 1 left, 1 right and 2 through lanes north and south bound; 1 left and 1 shared through/right lane east and west bound, 22.83% share. b) Ming Ave and SR99 north bound ramps - expansion of intersection to provide 3 through lanes and 1 right turn east bound; 2 right turn «. 'QMfl)i o <!;- >- - >- m _ c- o <:- ORIGINAl Exhibit A Coditions of Approval GPA/ZC 05-0410 Page 6 of 8 lanes, 1 through lane and 2 left turn lanes south bound, 5.51 % share. c) White Lane and SR99 north bound ramp - expansion of intersection to provide 2 left turn lanes, 4.55% share. d) Union Avenue and Ming Avenue - expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 9.34% share. e) Union Avenue and White Lane - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 6.84% share. f) Cottonwood Road and Brundage Lane - modify traffic signal, expansion of intersection to provide 1 left turn lane and 2 through lanes - all directions, 4.90% share. g) Ming Avenue and Wible Road - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 2.40% share. h) Ming Avenue and So. H Street - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 6.45%. i) White Lane and so. H Street - modify traffic signal, expansion of intersection to provide 2 left turn lanes, 3 through lanes and 1 right turn lane - all directions, 9.14%. j) Cottonwood Road, Casa Loma Drive to White Lane - add one lane each direction, 16.31 %. ReQional Transportation Impact Fee: 28. Pay the standard residential fees, as adopted at time of development. Department of Conservation Condition: 29. The proposed project is located beyond the administrative boundaries of any oil or gas field. There are no oil, gas, or injection wells within the ~>,K&I¡ J. '-!. >- r >;::. r o t ORIGIN"! Exhibit A Coditions of Approval GPAlZC 05-0410 Page 7 of 8 boundaries of the project site. Regardless, if excavation or grading operations uncover a previously unrecorded well, the Division district office in Bakersfield shall be notified as such wells may require remedial operations. It will be the responsibility of the developer to notify such Division and bear all costs associated with remediation. Bakersfield Municipal Airport Compatibility: 30. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all rights deemed necessary by the City of Bakersfield to ensure that the development of said property will neither impede airport operations nor result in flight hazards, including but not limited to the following: to make flights and associated noise in airspace over said property; to regulate or prohibit the release of any substance into the air which might interfere with aircraft operations; to regulate or prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions which might interfere with aircraft communications systems or aircraft navigational equipment. 31. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be recorded on the deeds of all residential lots disclosing that the properties are in an area subject to aircraft overflights, and as a result, residents may experience inconvenience, annoyance and discomfort arising from the noise of such operations. The notice shall also state that State law establishes the importance of public use airports for the protection of the public interest of the people of the State of California and that residents of property near a public use airport should, therefore, be prepared to accept such inconvenience, annoyance and discomfort from normal aircraft operations. Park Condition: 32. The requirement for a "wet park", acceptable to the Parks and Recreation Director, within the park that will be provided for the project site shall be installed and dedicated by the applicant/developer of the site. This park site shall be 3.3 acres. The City of Bakersfield has an option to purchase an additional 2.5 acres for park purposes. (Condition) ~þ.Kf.s> <§ ~ >- ¡¡; \;::; r- <.J ORIG\N~f Exhibit A Coditions of Approval GPA/ZC 05-0410 Page 8 of 8 Citv Attornev Condition: 33. 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. MO:jm S:\GPA 4th 2005\05-0410\Staff Reports\Exh A Cond.doc ,. 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