HomeMy WebLinkAboutRES NO 216-06
216-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING
THE NEGATIVE DECLARATION AND APPROVING
GENERAL PLAN AMENDMENT NO. 05-1918, AN
AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL
PLAN, GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF TAFT HIGHWAY AND
GOSFORD ROAD.
WHEREAS, Marino and Associates for KC Taft Gosford, 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. 05-1918, notice of he 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 05-1918, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1918:
Marino and Associates for KC Taft Gosford, 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 18.43 acres. The project site is
located at the southeast corner of Taft Highway and Gosford Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1918 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. 117-16 on June 15, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1918 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. 05-1918, notice of time and placeofthe 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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Page 1 of 4
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 117-16, 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 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 RR (Rural Residential) to HMR (High
Medium Density Residential) on 18.43 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 ofthe 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. 05-1918 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-
1918, 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
southeast corner of Taft Highway and Gosford 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 f(>Jl.K€
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Page 2 of 4 is ORIGINAP
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 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. 05-1918, 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 anifl~o~tld rOO the Council
of the City of Bakersfield at a regular meeting thereof held on 6 by the
following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER s... . () l> L.< -. - - _
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
AUG 1 6 2000
HARVEY Co HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:~m~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:\GPA 2nd 2006\05-1918\Resolutions\CC Resolution GPA.05-1918.doc
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ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Condition of Approval
General Plan Amendment/Zone Change No. 05.1918
Air Quality Imoact 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
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 wlll/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 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 second of any vehicles and equipment traveling across unpaved areas must be no
more that 15 miles per.
· Storage piles and disturbed areas no 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 VII
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 he cargo
compartment.
· No open burning of removed vegetation during construction activity. Vegetative materials
shall be chipped or remove to waste-to-energy facilities.
· Sweep (with water sweepers) paved streets adjacent to the project construction site~~AI(~1><p
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Exhibit A
Conditions of Approval
GPNZC 05-1918
Page 2 of 5
needed 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 Regulations VIII.
Cultural Impact 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 Impact 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
Total Improvements Required by Local Mitigation Project % Share for
# Intersection (Improvements not
2025 covered bv RTIF) Local Mitigation
1 Gosford Road and 2 EBl, 2 EBT, 1 EBR, 2 WBl, 2 WBT, - -
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Exhibit A
Conditions of Approval
GPA/ZC 05-1918
Page 3 of 5
Panama Lane 2 NBL, 1 NBT, 1 NBR 1 SBL, 1 SBT
2 Gosford Road and Install Signal - 1 EBL, 1 WBL, 1 NBL,
McCutchen Road 1 NBT, 1 SBL, 1 SBT - -
3 Gosford Road and Install Signal - 1 NBL, 1 SBL
Taft Highway (SR- 1 NBL 17 .49%
119)
4 Ashe Road and Install Signal - 1 EBL, 1 WBL, 1
Taft Highway (SR- WBT, 1 NBL, 1 SBL 1 NBL 3.34%
119)
Notes:
NB = Northbound, SB = Southbound, WB = Westbound, EB = Eastbound
L = Left Tum Lane, T = Throuah Lane and R = Riaht Tum Lane
Table 2
Future Roadway Improvements and Local Mitigation
Total Local Mitigation Project Share
Roadway Improvements (Improvements for
Required by not covered by
2025 RTIFl Local Mitigation
Gosford Road: Pacheco Road to Panama Lane Add 2 Lanes - -
Gosford Road: Panama Lane to McCutchen Road Add 2 Lanes - -
Panama Lane: Old River Road to Gosford Road Add 2 Lanes - -
Panama Lane: Gosford Road to Ashe Road Add 3 Lanes Add 1 Lane 1.23%
Taft Highway (SR-119): Old River Road to Gosford Add 2 Lanes - -
Road
Taft Hiahwav lSR-119): Gosford Road to Ashe Road Add 2 Lanes - -
Taft Hiahwav (SR-119): Ashe Road to Stine Road Add 2 Lanes - -
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
6. 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, Gosford 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 GPA/ZC 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 GPA/ZC area. This
sump must be located on the periphery of the GPA/ZC 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 GPA/ZC area. The developer shall be respon~\
for the initial extension of the sewer line to serve the property. This sewer lin~ust
necessarily be sized to serve a much larger area that the project area. The City is w~ng to ~
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Exhibit A
Conditions of Approval
GPA/ZC 05-1918
Page 4 of 5
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.
7. 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.
8. 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.
For orderly development.
9. There will be no access to Taft Higway. For orderly development.
10. The developer shall contribute to a major bridge and thoroughfare district for the crossing of the
canal east of the area at Taft Highway. For orderly development.
11 . Local Mitiaation
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 traffic study. 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. Proportionate
shares based PM peak trips from study as follows:
Ashe Rd & Taft Hwy (SR 119), Add 1 NBL, 3.34% share
Gosford Rd & Taft Hwy (SR 119), Add 1 NBL, 17.49% share
Panama Ln, Gosford Rd to Ashe Rd, Add 1 lane, 1.23% 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
Reaional Transoortation Imoact Fee
12. Pay the standard residential fees, as adopted at time of development. For orderly development.
City Attornev
13. 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" i.l'A:K~
against any and all liability, claims, actions, causes of action or demands whatsoever agair'lEi them, ~
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ORIGINAL
Exhibit A
Conditions of Approval
GPAlZC 05-1918
Page 5 of 5
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.
JS:S:\GPA 2nd 2006\05-1918\Staff Report\Exhibit A-1.doc
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ORIGINAL
Exhibit B
General Plan Amendment Map
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METROPOLITAN BAKERSFIELD GENERAl PLAN
Land Use Desl Inatlons
Rural Residential
2.5 gross acres/dwelling unit
Estate Residential
1 dwelling unit/net acre
IR Suburban Residential
~ 4 dwelling units/net acre
RR
ER
SRI LR County: ~ 4 dwelling units/net acre
City: ~ 7.28 dwelling units/net acre
LR Low Density Residential
~ 7.28 dwelling units/net acre
LMR Low Medium Density Residential
> 4 units but -~ 10 dwelling units/net acre
HMR High Medium Density Residential
> 7.28 units b~ ~ 17.42 dwelling units/net acre
HR High Density Residential
> 17.42 units but ~ 72.8 dwelling units/net acre
HC Highway Commercial
GC General Commercial
MC Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
U
II
HI
Light Industrial
Service Industrial
Heavy Industrial
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,
P PublIC Facilities
PI PubllclPrivate Schools
PT Public Transportation Corrtdois
P-SW Solid Waste Facilities
08 Open Space _ -
OW Para and Recreation
08-8 Slopes exceeding 30%
R-IA Resource - Intensive, Agriculture
20 acre minimum parceilize I
.
R-EA Resource -extensive Agriculture
20 acre minimum parceilize
80 acre mln (Williamson Ad)
R-MP Resource - Minerals & petroleum
5 acre minimum parceilize
General Plan Street Classification
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 diviclecl or have
grade separations at intersections, and may be an Interim facility for an ultimate freew8y.
Freewavs
are used primarily by through traffic with a minimal function to provide access to abutting
_ property.
function to connect local streets with arterials and to provide access to abutting property.
are exclusively for property access and-through traffic is discouraged.
Arterials
Collectors
Locals
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