HomeMy WebLinkAboutRES NO 221-06
22-1-06
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1453, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM SR
(SUBURBAN RESIDENTIAL) TO LR (LOW DENSITY RESIDENTIAL)
ON 90 ACRES, GENERALLY LOCATED ON THE EAST SIDE OF
COFFEE ROAD, NORTH OF SNOW ROAD, AND WEST OF THE
BEARDSLEY CANAL.
WHEREAS, SmithTech/USA, Inc. for Breckenridge Development Co., Inc., filed an application
requesting a General Plan Amendment, change of zoning of that certain property to be annexed into 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. 05-1453, notice oftime and place for
a public 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. 05-1453, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1453:
SmithTech USA, Inc., for Breckenridge Development Company Inc., 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 approximately 85 acres and SR to
GC (General Commercial) on approximately 5 acres located north of Snow Road, east of Coffee
Road, and west of the Beardsley Canal; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1453 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 (CECA); and
WHEREAS, by Resolution No. 86-06 on April 6, 2006, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 05-1453 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,
continued said public hearing to WEDNESDAY, August 16, 2006 on General Plan Amendment No. 05-
1453, 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:
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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. 86-06, adopted on April 6, 2006:
a. All required public notices have been provided.
b. The provisions of CECA 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 SR (Suburban Residential) to LR (Low
Density Residential) on 90 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 CECA, the State CEQA Guidelines, and the City of
Bakersfield CECA 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. 05-1453 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. 05-1453,
constituting changes as shown on the map marked Exhibit "Bit, attached hereto and
incorporated as though fully set forth, for property generally located on the east side of
Coffee Road, north of Snow Road, and west of the Beardsley Canal, subject to
"Mitigation/Conditions of Approval" listed in Exhibit "A".
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5. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (CECA) 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. 05-1453, 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 ~01f1 Q,nd ad.opted by the Council of
the City of Bakersfield at a regular meeting thereof held on ti ZOUQ by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, sdffiINER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER_
PAMELA A. McCART
CITY CLERK and Ex icio Clerk of the
Council of the City of Bakersfield
APPROVED
AUG 1 6 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By ~7Jt ~
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/Annexation No. 05-1453
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality 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 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:
. 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 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.
2. 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 associated with these projects:
. 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.
. 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. fQAKs:
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Page 1 of 5
Exhibit A
GPAlZC 05-1453
Conditions of Approval
. 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 constructions site.
. Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with
the requirements of the SJVAPCD Regulation VIII.
. To encourage pedestrian traffic, prior to the completion of the construction phase, the developer
shall install sidewalks throughout the project.
Culturallmoact Mitiaation Measures
3. 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.
4. 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.
TransoortationlTraffic
5. 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.
6. 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, September 2005). An estimate and
fee schedule should be developed by the applicant and approved prior to recordation of a map o~ fQAKS'?,
issuance of a building permit. The recommended mitigations can be found in Table 1 and Tabla:::2: ~
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Exhibit A
GPA/ZC 05-1453
Conditions of Approval
TABLE 1
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Coffee Road &
7th Standard Road
Install Signal -
2 EBl, 2 EBT, 2 EBR, 2
WBl, 2 WBT, 1 WBR, 2
NBl, 2 NBT, 2 NBR, 2
SBl, 2 SBT, 1 SBR
Install Signal -
1 EBl, 1 WBl, 1 SBl
Install Signal-
1 EBl, 1 WBl, 1 NBl,
1 SBl
Install Signal -
1 EBl, 1 WBl, 1 NBl, 1
NBT, 1 SBT, 1 SBR
1 EBl, 1 EBT, 1 WBl, 1
WBT, 1 NBl, 2 NBT, 1
SBl, 2 SBT
2 SBT, 1 SBR
1.77%
Patten Way &
Snow Road
Fruitvale Avenue &
Snow Road
1 SBl
33.33%
1 SBl
24.54%
Coffee Road & Norris Road
1 EBl, 1 WBl,
1 NBl, 1 NBT
10.65%
Knudson Drive & Olive Drive
1 SBl, 2 SBT
3.06%
Notes:
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
7 Standard Road:
Callowa Drive to Coffee Road
Notes:
1 Current interchange and grade separation project will construct required improvements
2 Additional lanes can be rovided throu h stri in
Mitigation for significant traffic impacts.
Citv Attornev
7. 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.
Page 3 of 5
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Exhibit A
GPA/ZC 05-1453
Conditions of Approval
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.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
8. Along with submittal of any development plan, improvement plan, or application for a lot line adjustment,
the following shall occur:
1. Provide fully executed dedication for Coffee Road and Snow 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.
2. 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.
3. The GPA/ZC 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.
4. 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.
9. 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 Consolidate 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.
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.
For orderly development. x fQAKS'-9
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Page 4 of 5
Exhibit A
GPAlZC 05-1453
Conditions of Approval
11. 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.
12. The Snow Road and Coffee Road crossings of the Lerdo Canal need 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. For orderly development.
13. Reoional TransDortation ImDact Fee
Pay the standard residential fees, as adopted at time of development.
For orderly development.
Plan nino
14. Roof mounted air conditions shall not be permitted on homes with lots that abut Snow Road.
Added by City Council.
15. There shall be one ingress and egress along Snow Road having right turn out only. Additional
ingress/egress may be permitted on Coffee Road. Added by City Council.
16. The developer shall construct the entire median along the Snow Road frontage of the project site.
Added by City Council.
17. The maximum number of permitted dwelling units shall not exceed 350. Added by City Council.
18. The roof material for all structures within the project area shall be tile. Added by City Council.
19. In lieu of customary builder's wood fences, in addition to any other fence or wall requirements,
block walls shall be constructed along subdivision entrances along the rear and side yards of lots
at those entrances that connect to Snow and Coffee Road. Added by City Council.
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Exhibit B
General Plan Amendment Map
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Freewavs
CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNA liONS
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 divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
Collectors
Locals
S:\Forms\zone-gp.doc
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.
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