HomeMy WebLinkAboutRES NO 150-06
RESOLUTION NO. J 5 0 - 0 6
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1448, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED BETWEEN CALLOWAY DRIVE AND EL
TORO VIEJO ROAD, IMMEDIATELY NORTH OF THE
BURLINGTON NORTHERN SANTA FE (BNSF) RAILWAY.
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. 05-1448, 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. 05-1448, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1448:
James C. Lundy for the Thropp Jackson Trust applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from
ER (Estate Residential) to LR (Low Density Residential) on approximately 51 acres.
The project site is generally located between Calloway Drive and EI Toro Viejo Road,
immediately north of the Burlington Northern Santa Fe (BNSF) Railway; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1448 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. 82-06 on April 6, 2006, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 05-1448 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 ofthe Government Code, conducted and held a public hearing on WEDNESDAY, MAY 24,2006,
on General Plan Amendment No. 05-1448, notice oftime and place ofthe hearing having been given at
least ten (10) calendar days before the hearing by publication in The Bakersfie/d 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. 82-06, adopted on April 6, 2006:
a.
All required public notices have been provided.
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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 ER (Estate Residential) to LR (Low
Density Residential) on approximately 51 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. 05-1448 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. 05-1448,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located between Calloway
Drive and EI Toro Viejo Road, immediately north of the Burlington Northern Santa Fe
(BNSF) Railway, 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
the State of California Fish and Game Code. Additionally the assumption of adverse
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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. 05-1448, 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 adopted by the Council of
the City of Bakersfield at a regular meeting thereof held on MAY 2 4 Z006
by the following vote:
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NOES:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
ABSTAIN:
COUNCILMEMBER
ABSENT:
COUNCILMEMBER
APPROVED
MAY 2 4 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Byf~7n-'_
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
PH - S:IGPA 1st 2006105-1448\ResolutionsICC GPA Resolution.doc
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cler
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. 05-1448
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
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 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:
Construction Equipment Exhaust
A. The following mitigation measures can be utilized 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.
Fugitive Dust Emissions
B. 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 following mitigation measures, in addition to
those required under Regulation VIII can reduce fugitive dust emissions
asso.ciated with the project:
· 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.
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Exhibit A
GPAlZC No. 05-1448
Conditions of Approval
· All onsite unpaved roads and offsite unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
· 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 offsite, all material 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 materials 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, trackout 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
trackout.
· 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.
Operations
C. To encourage pedestrian traffic, prior to the completion of the
phase, the developer shall install sidewalks throughout the project.
Mitigation for potentially significant air quality impacts.
construction
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Exhibit A
GPAlZC No. 05-1448
Conditions of Approval
Cultural Resources:
2. 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. 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.
Hazards and Hazardous Materials
4. With the submittal of any tentative subdivision map application for areas containing
oilfield equipment and facilities, the applicant shall submit a site assessment containing
the findings of soils sampling conducted to determine the presence or absence of
hazardous materials to the satisfaction of the Bakersfield Fire Department (Prevention
Services Division). In the event hazardous materials are present, a Remediation Plan
shall be submitted together with the tentative subdivision map application to the
satisfaction of the local Unified Program agency (Prevention Services Division,
Bakersfield Fire Department). Mitigation for potentially significant hazards impacts.
Noise
5. Tentative tract map applications for any portion of the GPAlZC area contiguous to the
railroad tracks to the immediate south shall include a sound wall along the southern
boundary of the subdivision with a minimum height of 13 feet relative to the closest
building pad elevations. In addition, wing walls (connected to and perpendicular to the
main sound wall) along the entire north-south property lines of the southeastern most
and southwesternmost lots within the GPAlZC area, no less than four feet lower in
height than the main wall height, shall be included in the applicable tentative tract map
application(s). The sound wall (including wing walls) shall be continuous without any
gaps or openings and shall be constructed of a dense material such as masonry blocks
or stucco on both sides of a wood/steel frame (earth berm or berm/wall combination of
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Exhibit A
GPAlZC No. 05-1448
Conditions of Approval
equivalent height may also be used). At the discretion of the City, larger and/or deeper
lots may be required adjacent to the railroad tracks due to the impacts a 13-foot high
wall would have on standard size R-1 lots. Mitigation for significant noise impacts.
6. Mechanical ventilation or air conditioning shall be provided for all homes so that
windows and doors may remain closed for required acoustical insulation. Mitigation for
significant noise impacts.
7. Acoustic baffles shall be installed on the interior side of attic vents that face, or are
perpendicular to, the BNSF Railway. Mitigation for significant noise impacts.
8. Exterior doors, excluding glass doors, shall be solid-core wood or insulated steel with
perimeter weather stripping and threshold seals. Mitigation for significant noise
impacts.
9. If two-story homes are proposed on the first row of lots adjacent to the railroad, an
acoustical analysis of building plans shall be made to ensure compliance with the City's
interior noise level standard. Mitigation for significant noise impacts.
Transportation and Traffic
10. 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 significant traffic impacts.
11. 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 project traffic study (Ruettgers &
Schuler Civil Engineers, September 2005). An estimate and fee schedule shall be
developed by the applicant and approved prior to recordation of a map or issuance of a
building permit. Proportionate shares from the study as follows:
1. Calloway Drive & Rosedale Highway: Add 1 SBT1, 2.21 % share
2. Calloway Drive, Meacham Road to Rosedale Highway: Add 2 lanes 1, 1.94%
share
Notes: SBT - southbound through lane
1 Striping only
Mitigation for significant traffic impacts.
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Exhibit A
GPAlZC No. 05-1448
Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
North of the River Recreation and Park District (NOR)
12. Prior to recordation of any tract map within the GPAlZC area, the subdivider, at no cost
to NOR, shall reposition the existing Greenacres Park ballfield lights to decrease the
foot-candles projected onto the future development to no more than 0.5 foot-candles at
the residential development property line. The repositioning of the existing lights shall
not decrease the light foot-candle level or uniformity presently projected on the fields. In
the event the existing lighting levels or uniformity cannot be maintained, the subdivider
shall pay for the cost to increase light level and uniformity to the present condition.
Added by Planning Commission.
13. With recordation of final subdivision maps within the GPAlZC 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 Greenacres Park; additionally,
the covenant shall include property owner notice to allow NOR to upgrade the existing
ballfields to 50 foot-candles infield and 30 foot-candles outfield readings on 60-foot
poles. Referenced upgraded lighting shall not increase the proposed subdivision
property line readings above 0.5 foot-candles. Added by Planning Commission.
Public Works:
14. 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 EI Toro Viejo Road to collector standards
and Glenn Street, Farmer Street to local 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 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 1 sump may be utilized to serve this area. The
study shall be approved and any required retention site and necessary
easements dedicated to the City.
c. 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.
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Exhibit A
GPNZC No. 05-1448
Conditions of Approval
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.
15. 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. It is required that the developer join the North of the River
Park Maintenance District. For orderly development.
16. Payment of median fees for the arterial frontage of the property within the GPNZC
request is required prior to recordation of any map or approval of any improvement plan
for the GPNZC area. For orderly development.
17. Access to the project area from EI Toro Viejo Road 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 a minimum of 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. For orderly development.
18. The EI Toro Viejo Road crossing of the AT&SF Railroad is on the Bakersfield Metro
Area Transportation Impact Fee, Phase 3, facilities list. The developer will assist the city
with any additional dedications, slope easements, etc. that may be required. Fororderly
development.
City Attornev:
19. 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,
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Exhibit A
GPA/ZC No. 05-1448
Conditions of Approval
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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