HomeMy WebLinkAboutRES NO 215-06
RESOLUTION NO. 2 1 5 · 08
RESOLUTION MAKING FINDINGS, ADOPTING
THE NEGATIVE DECLARATION AND APPROVING
GENERAL PLAN AMENDMENT NO. 05-1917, AN
AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL
PLAN, GENERALLY LOCATED AT THE
SOUTHWEST CORNER OF TAFT HIGHWAY AND
ASHE ROAD.
WHEREAS, Marino and Associates for Taft 28, LLC, filed an 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, June 12,
2006 and Thursday, June 15, 2006 on General Plan Amendment No. 05-1917, 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 05-1917, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1917:
Marino and Associates for Taft 28, LLC applied to amend the Land Use Element of the
Metropolitan Bakersfield General Plan consisting of a change from RR (Rural Residential) to
HMR (High Medium Density Residential) on 28.87 acres. The project site is located at the
southwest corner of Taft Highway and Ashe Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1917 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. 115-06 on June 15, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1917 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,
August 16, 2006, on General Plan Amendment No. 05-1917, 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.
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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. 115-06, adopted on June 15,
2006:
a. All required public notices have been provided.
b. The provisions of CEOA 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 CECA.
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 RR (Rural Residential) to HMR (High
Medium Density Residential) on 28.87 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 CEOA, the State CEOA Guidelines,
and the City of Bakersfield CEOA 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. 05-1917 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-
1917, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located at the
southwest corner of Taft Highway and Ashe Road, 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 fl..K
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the State of California Public Resources Code (CEOA) 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. 05-1917, 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 AesPf~~IDr Council
of the City of Bakersfield at a regular meeting thereof held on by the
following vote:
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~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
~ COUNCILMEMBER
~~ COUNCILMEMBER s.... lJ U 1~
PAMELA A. McCARTHY, MC
CITY CLERK and Ex Offic 0 Clerk of the
Council of the City of Bakersfield
APPROVED
AUG 1 6 200S
. /(f,#?A AA
HARVEY L. HALr _ ':' ~
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~J1t ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Conditions of Approval
General Plan AmendmentlZone Change No. 05-1917
Air Quality Imoact Mitication 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
URBMMIS 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 Department 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 hour.
. 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 SJV APCD 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.
. Sweep (with water sweepers) paved streets adjacent to the project construction site as
needed to remove accumulated dust. x <oAK~-9
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Exhibit A
Condition of Approval
GPAlZC 05-1917
Page 2 of 5
. 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.
Culturallmoact 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.
Traffic and Circulation Imoact Mitiaation Measures
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 significant traffic impacts.
5. Pay the proportionate share of the following mitigation measures (not paid for by the
RegionalTransportation Impact Fee nor include with normal development improvements) as
indicated in Tables 7 of the traffic study (Ruettgers & Schuler, December 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
Condition of Approval
GPA/ZC 05-1917
Page 3 of 5
1 Ashe Road & Panama Lane Install Signal - 2 EBT, 2 NBL, 1 SBL' 4.46%
1 NBT, 1 SBL
Install Signal- 1 EBL, 1 EBT,
2 Ashe Road & Taft Highway (SR-119) 1 WBL, 1 WBT, 1 NBL, 1 1 SBL 15.56%
SBL
3 Stine Road & Taft Highway (SR-119) Install Signal - 1 EBL, 1 WBL, 1 SBL 7.44%
1 NBL, 1 SBL
4 Wible Road & Taft Highway (SR-119) Install Signal - 1 EBT, 1 NBL, 1 SBL 4.74%
1 SBL
Notes:
1 = Striping Only
NB = Northbound L = Left-Turn Lane
SB = Southbound T = Through Lane
WB = Westbound R = Right-Turn Lane
EB = Eastbound
Table 2
Future Roadway Improvements and Local Mitigation
Add 3 lanes, Add median
Add 2 lanes
Add 2 lanes
Add 1 lane
1.13%
ADDITIONAL CONDITIONS OF APPROVAL:
Plannina Department:
6. Concurrently with recordation of any phase that includes the pipeline easements or portions thereof,
subdivider shall show the easements on the final map with a notation that structures including
accessory buildings and swimming pools, are prohibited within the easements and record a
corresponding covenant. For health, safety, and welfare.
7. Prior to or concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show on the final map that no habitable portion of a structure may
be built within 50 feet of a gas main, or transmission line, or refined liquid product line with 36 inches
of cover, and record a corresponding covenant. For health, safety, and welfare.
8. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within 48
inches or more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be shown in
the final map and a corresponding covenant shall be recorded prior to or concurrently with
recordation of any phase that is affected. For health, safety, and welfare.
9. Prior to or concurrently with recordation of any phase within 250 feet of the pipeline easements,
subdivider shall record a covenant disclosing the location of the pipelines on all lots of this
subdivision within 250 feet of the pipelines. For health, safety, and welfare.
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Exhibit A
Condition of Approval
GPAlZC 05-1917
Page 4 of 5
Public Works Conditions:
10. Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Taft Highway to Caltrans standards and Ashe Road to
arterial 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. For orderly development.
b. For storm drainage, only 1 sump will be allowed to serve the entire GPAlZC area. This
sump must be located on the periphery of the GPAlZC area so that additional area may be
served. The City's policy is no more than one sump per 80 acres of residential development.
The developer shall cooperate in the formation of a Planned Drainage Area over the north
half of the section. For orderly development.
c. Sewer service must be provided to the GPAlZC 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. For
orderly development.
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.
11. 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. For orderly development.
12. There will be no access to Taft Higway. For orderly development.
13. 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.
14. The developer shall contribute to a major bridge and thoroughfare district for the crossing of the
Farmers canal at Taft Highway and at Ashe Road. For orderly development.
15. Local Mitioation
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 ~K~
Tables 6 and 7 of the traffic study. An estimate and fee schedule should be developed b~e ~<.P
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Exhibit A
Condition of Approval
GPAlZC 05-1917
Page 5 of 5
applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate
shares based PM peak trips from study as follows:
Ashe Rd & Panama In, Add 1 SBl1, 4.46% share
Ashe Rd & Taft Hwy (SR 119), Add 1 SBl, 15.56% share
Stine Rd & Taft Hwy (SR 119), Add 1 SBl, 7.44% share
Wible Rd & Taft Hwy (SR 119), Add 1 SBl, 4.74% shares
Panama In, Gosford Rd to Ashe Rd, Add 1 lane, 1.13% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
l - left turn lane, T - Through lane, R - Right turn lane
1 - Striping only
16. Reaional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development. For orderly development.
City Attornev:
17. 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 CECA 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 B
General Plan Amendment Map
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Land Use Desl ~natlon.
RR Rural ReslCiential U Light Industrial
2.5 gross acres/dwelling unit ,
81 Service Industrial ,
I
ER Estate Residential
1 dwel\lng unit/net acre HI Heavy Industrial
SR Suburban Residential -----
$ 4 dwel\lng units/net acre
P PublIC FacilItieS
SRI LR County: $ 4 dwelling units/net acre
City: $ 7.26 dwelling units/net acre P8 PubllclPrivate SchooII
LR Low Density Residential PT Public Transportation Corrldoi's
$ 7.26 dwelling units/net acre
P-SW Solid Waste FacilItieS
LMR Low Medium Density Residential
> 4 units but $ 10 dwel\lng units/net acre OS 'Open Space , '
HMR High Medium Density Residential Os-P Parks and Recreation
> 7.26 units b~ $ 17.42 dwelling units/net acre
08-8 SlopeS exceeding 30%
HR High Density Residential
> 17.42 units but $ 72.6 dwel\lng units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel" ,
----- I
R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel ..
GC 80 acre mln (Williamson Act)
General Commercial
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel"
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewav. 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 ~r 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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METROPOLITAN BAKERSFIELD GENERAL PLAN
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