HomeMy WebLinkAboutRES NO 165-06
RESOLUTION NO.
165-06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1450, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED ON THE SOUTH SIDE OF SEVENTH STANDARD ROAD,
EAST SIDE OF CALLOWAY CANAL.
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. 05-1450, notice of time and place for
a public hearing having been given atleast1wenty (20) calendar days before said hearing by publication
in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-1450, an amendmen110 the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1450:
SmithTech/USA Inc. for Michel & Margaret Ann Etcheverry Family Limited Partnership,
applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan
consisting of a change from SR (Suburban Residential) to LR (Low Density Residential)
on 66.25 acres. The project site is generally located on the south side of Seventh
Standard Road, east side of Calloway Canal; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1450 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. 84-06 on April 6, 2006, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 05-1450 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. 05-1450, notice oftime 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. 84-06, 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 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 SR (Suburban Residential) to LR (Low
Density Residential) on 66.25 acres is compatible with the land use designations
of surrounding properties and is internally consistent with the Metropolitan
Bakersfield General Plan.
1. 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. 05-1450 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. 05-1450,
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
Seventh Standard Road, east side of Calloway Canal, 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 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
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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. 05-1450, 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 wasJôf1fed1~eeoPted by the Council of
the City of Bakersfield at a regular meeting thereof held on;.... by the following vote:
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CO&éH, CAASON, BENHAM, MAGGARD, HANSON, SULLIVAN. SCRIVNER
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~TAIN:
, ABSENT:,
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COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
JUN 7 2006
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY:~~~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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EXHIBIT A
Mitigation I Conditions of Approval
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Air Qualitv
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 05-1450
1. Although the proposed project will result in emissions that are considered to be "less than
significant" levels for ROG, NOx, SOx, and PM10, the following mitigation measures were
identified and utilized to further reduce project emissions based on project design, standard
construction practices and current regulations. Therefore, the applicanlldeveloper of the
Project site shall submit documentation to the Planning Department prior to tract recordation
that they will/have met the following air quality mitigation measures:
A. The following mitigation measures can be utilized during the construction phase of
the project to reduce 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 sites.
Use electrical 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.
All disturbed areas, including storage piles, which are not being actively
uti81ized 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 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 &
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 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.
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Exhibit A
Conditions of Approval
Page 2 of 5
· 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.
· 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 carryouUtrackout mitigation measures, such as gravel
pads, in accordance with the requirements of the SJVAPCD Regulation VIII.
B. The following mitigation measures can be utilized during the operations phase of the
project to reduce emissions:
· Homes shall be designed to exclude fireplaces.
· To encourage pedestrian traffic, prior to the completion of the construction
phase, the developer shall install sidewalks throughout the project.
Cultural Impact Mitiaation Measures
2. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation.
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.
Traffic Impact Mitiaation Measures
4. All study intersections and roadway segments in the project area can be mitigated to
operate at an acceptable level of service in the year 2025 plus project traffic with
improvements including signalization and/or expansion. The following mitigation measures
will maintain or improve the operational level of service of the street system in the vicinity of
the project:
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Exhibit A
Conditions of Approval
Page 3 of 5
Jewetta Ave & Seventh Install signal - 2 EBL, 2 Install signal - Add 1 NBL,
Standard Road EBT, 2 WBL, 2 WBT, 1 1 NBT, 2 SBL, 1 SBT, 1
WBR, 1 NBL, 1 NBT, 2 SBL, SBR
1 SBT, 1 SBR
Verdugo Ln & Seventh Install Signal 1 EBL,2 Add 1 NBL, 1 SBL 1.48%
Standard Rd EBT, 1 WBL, 2 WBT, 1 NBL,
1 SBL
Calloway Dr & Seventh Install Signal - 2 EBL. 2 Add 2 SBL, 2 SBT, 1 SBR 1.22%
Standard Rd EBT, 1 EBR, 2 WBL, 2
WBT, 1 WBR, 2 NBL, 2
NBT. 1 NBR, 2 SBL, 2 SBT,
1 SBR
Quail Creek Rd & Seventh Install Signal- 1 EBL,2 I nstall Signal - Add 1 SBL 1.1%
Standard Rd EBT, 1 WBL, 2 WBT, 1 NBL,
1 SBL
Jewetta Ave & Snow Rd Install Signal - 1 EBL, 1 Add 1 SBL 6.28%
EBT, 1 WBL, 1 WBT, 1 NBL,
1 SBL
Norris Rd & Snow Rd Install Signal 1 EBL.1 Add 1 NBL, 1 SBL 3.67%
WBL, 1 NBL 1 SBL
Calloway Dr & Norris Road Install Signal - 1 EBL, 1 Add 1 EBL, 1 NBT 1.93%
NBT, 1 NBT, 1 SBT
Calloway Dr & Olive Dr 1 EBL", 1 EBT", 1 WBL", 1 Add 1 SBL", 1 SBT" 1.4%
WBT", 1 NBL", 1 NBT", 1
SBL", 1 SBT"
7 Standard Road: Jewetta
Ave to Quail Creek Road
Notes:
NB=Northbound
SB=Southbound
WB=Westbound
EB=Eastbound
.. = Stri in ani. Intersection widened to ultimate ca ac'
L=Left Turn Lane
T=Through Lane
R=Right Turn Lane
Citv Attornev
5. 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.
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Exhibit A
Conditions of Approval
Page 4 of 5
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 a110rney chosen by another entity or party.
Callowav Canal
6 If Calloway Canal is relocated, a buffer must be maintained between the project and the
Rural Residential area to the south of the project. The buffer shall be determined by the
Planning Commission.
Public Works Department
7. Along with submi11al of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for Seventh Standard Road and Jewe11a Avenue to
arterial standards and Etchart Road 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 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. The GPAlZC 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.
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.
8. 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
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Exhibit A
Conditions of Approval
Page 5 of 5
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.
9. Seventh Standard Road shall be constructed as a limited access control 6-lane expressway
with full access signalized intersections permitted at minimum Yo mile spacing. No other
intermediate street intersections will be permitted.
10. 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.
11. Payment of median fees for the arterial frontage of the property within the GPA/ZC request
is required prior to recordation of any map or approval of any improvement plan for the
GPA/ZC area.
12. 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.
13. The Seventh Standard Road, Jewetta Avenue, Etchart Road and Snow Road crossings of
the Friant Kern and 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.
14. Access to Seventh Standard Road shall not be allowed, except at Jewe11a Avenue.
15. 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.
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EXHIBIT B
General Plan Amendment Map
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