HomeMy WebLinkAboutRES NO 146-06
RESOLUTION NO.
146-08
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1442, AN AMENDMENT TO THE LAND USE ELEMNT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED ON THE SOUTH SIDE OF PANAMA
LANE, BETWEEN WIBLE ROAD AND WINDFLOWER AVENUE.
WHEREAS, Marino/Associates for Arredondo Ventures, Inc., filed a application requesting a
General Plan Amendment, change of zoning of that certain property within the City of Bakersfield as
hereinafter described; and
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, April 3,
2006, and on Thursday, April 6, 2006, on General Plan Amendment No. 05-1442, 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. 05-1442, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1442:
Marino/Associates for Arredondo Ventures, Inc., applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from LR (Low Density
Residential) to GC (General Commercial) on approximately 5.50 acres located on the south
side of Panama Lane, between Wible Road and Windflower Avenue; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1442 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. 80-06 on April 6, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1442 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,
May 24, 2006, on General Plan Amendment No. 05-1442, 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. 80-06, adopted on April 6, 2006:
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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 CEOA.
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 LR (Low Density Residential) to GC
(General Commercial) on 5.50 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 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 Planning Commission 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. 05-1442 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 ofthe 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-
1442, 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 south side of Panama Lane, between Wible Road and Windflower Avenue,
subject to "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
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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. 05-1442, 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 adQPte~~ the Council
of the City of Bakersfield at a regular meeting thereof held on MAY 2 4 by the
following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAY 2 4 2006
HARVE L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:IGPA 1st 2006105-14421Resolution1CC Resolution GPA 05.00426.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 05-1442
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv Mitiaation 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 latest
URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) rules. The applicant/developer of the project site shall submit
documentation to the Planning Deparbnent prior to development that they will/have met the
following air quality mitigation measures:
The following mitigation measures shall be utilized during the construction phase of the project to
reduce construction exhaust emissions:
· Construction equipment exhaust emissions shall not exceed SJVAPCD Rule 4101 Visible
Emission limitations.
· Unpaved areas subject to vehicle traffic will be watered twice daily or more frequently as
needed.
· The speed of any vehicles and equipment traveling across unpaved areas must be no more
than 15 miles per.
· Storage piles and disturbed areas not subject to vehicular traffic must be stabilized by being kept
wet, treated with a chemical dust suppressant, or covered when material is not being added to
or removed from the pile.
· Prior to any ground disturbance, including grading, excavating, and land clearing, sufficient
water must be applied to the area to be disturbed to prevent emissions of fugitive dust from
being airborne beyond the property line from which the emission originates.
· To prevent track-out, wheel washers should be installed where project vehicles and/or
equipment exit onto paved streets from unpaved roads. Alternatively, a gravel bed may be
installed as appropriate at vehicle/equipment site exit points to effectively remove soil buildup on
tires and tracks to prevent/diminish track-out.
· Suspend all grading operations when fugitive dusts exceed SJVAPCD Regulation VIII Fugitive
Dust limitations.
· No trucks are allowed to transport excavated material off-site unless the trucks are maintained
such that no spillage can occur from holes or other openings in cargo compartments, and loads
are either: covered with tarps; or wetted and loaded such that the material does not touch the
front, back, or sides of the cargo compartment at any point less than six inches from the top and
that no point of the load extends above the top of the cargo compartment.
· No open burning of removed vegetation during construction activity. Vegetative materials shall
be chipped or removed to waste-to-energy facilities. '< ~Mt~
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· Sweep (with water sweepers) paved streets adjacent to the project construction site as nee~d ¡:r;
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Exhibit A-1
GPAlZC 05-1442
Conditions of Approval
to remove accumulated dust.
· Use low sulfur fuel for stationary construction equipment if applicable.
· Utilize existing power sources or clean fuel (natural gas or low-sulfur diesel) generators rather
than temporary power generators, when practicable.
· Minimize idling time to 5 minutes for all diesel-powered equipment.
· Ensure that all mobile and stationary internal combustion engine equipment is properly
maintained and well-tuned according to manufacturer's specifications.
· Clean earth moving construction equipment with water once per day.
· An operational water truck shall be onsite at all times. Apply water to control dust as required per
SJVAPCD Regulation VIII.
CulturallmDact Mitiaation Measures
2. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural
resource impacts.
3. 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. Mitigation for
potentially significant cultural resource impacts.
T ransDortationlT raffic
4. 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.
Mitigation for potentially significant cultural resource impacts.
5. Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor include with normal development improvements) as indicated in
Tables 7 ofthe traffic study (Ruettgers & Schuler, September 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. The recommended mitigations can be found in Table 1 and Table 2:
TABLE 1
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
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Exhibit A-1
GPAlZC 05-1442
Conditions of Approval
Akers Road & Harris Road
Install Signal -
1 EBL'. 1 WBL"
1 NBL', 1 SBL'
1 NBR'. 1 SBR'
1 WBL" 1 WBT,
1 NBL', 1 SBT'
Install Signal-
1 EBL, 1 WBL,
1 NBL, 1 SBL
Install Signal -
1 EBL', 1 WBL',
1 NBL', 1 SBL'
1 NBR', 1 SBR'
1 WBL', 1 WBT, 1 SBT'
9.59%
Wible Road & Harris Road
Wible Road & Panama Lane
7.19%
6.71%
Wible Road & Berkshire Road
I nstall Signal
6.38%
Notes:
1 Striping Only
NB=Northbound
SB=Southbound
WB=Westbound
EB=Eastbound
L=Left Turn Lane
T=Through Lane
R=Right Turn Lane
TABLE 2
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Panama Lane:
Akers Road to Wible Road
1 A roximate 850 feet on the south side of Panama west of Wible Road
Add 2 Lanes'
Mitigation for potentially significant cultural resource impacts.
Citv Attornev
6. 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 preceding, 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 A-1
GPAlZC 05-1442
Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
7 Along with submittal of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for Panama Lane to arterial standards for the full frontage
of the area within the GPA request. Dedications shall include sufficient widths for right turn
lanes 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.
All storm water shall be retained on site, unless an alternative off-site storage method is
approved by the City Engineer. The study shall be reviewed and approved and any required
retention site and necessary easements dedicated to the City.
c. Sewer service must be provided to the GPAlZC area.
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 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.
For orderly development.
8 Payment of median fees for the arterial frontage of the property within the GPAlZC request is
required prior to recordation of any map or approval of any improvement plan for the GPAlZC area.
For orderly development.
9 Development of this GPAlZC area will require turn around capability for City service vehicles at the
end of Windflower Avenue to the satisfaction of the City Engineer. For orderly development.
10. Regional Transportation Impact Fee: Pay the standard commercial project, as adopted at time of
development. For orderly development.
Reciprocal Parkina and Access Aareement:
11 . The applicant shall record a reciprocal parking and access agreement with the adjacent commercial
property to the east prior to any future approvals. Proof of agreement shall be provided to the City
Attorney office Planning Department.
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Exhibit B
General Plan Amendment Map
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AKERS ROAD
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METROPOLITAN BAKERSFIELD GENERAL PLAN
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Land Use Desi mations
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
51 Service Industrial
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
SR ,\ Suburban Residential .----
:S 4 dwelling units/net acre
P ,Public Facilities
SRI LR County: :S 4 dwelling units/net acre
City: :s 7.26 dwelling units/net acre P5 PubliC/Private Schools
LR Low Density Residential PT Public Transportation Corridors
:s 7.26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but :S 10 dwelling units/net acre 05 Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units but :S 17.42 dwelling units/net acre .
05-S Slopes exceeding 30%
HR High Density Residential
> 17.42 units but :S 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
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R·EA Resource. Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
80 acre min (Williamson Act)
GC General Commercial
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide access to abutting
property.
Collectors
function to connect local streets with arterials and to provide access to abutting property.
Locals
are exclusively for property access and through traffic is discouraged.
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