HomeMy WebLinkAboutRES NO 220-06
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RESOLUTION NO.
220-06
RESOLUTION MAKING FINDINGS, UPHOLDING THE APPEAL
APPROVING COMMERCIAL AND APPROVING THE GENERAL PLAN
AMENDMENT NO. 05.1928 AN AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN
FROM R.IA (RESOURCE - INTENSIVE AGRICULTURE) AND ER
(ESTATE RESIDENTIAL) TO SR (SUBURBAN RESIDENTIAL) ON
32.07 ACRES AND GC (GENERAL COMMERCIAL) ON 6.79 ACRES,
GENERALLY LOCATED AT, THE NORTHEAST CORNER OF SNOW
ROAD AND JEWETTA AVENUE.
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,
2006, and on Thursday, June 15, 2006 on General Plan Amendment No. 05-1928, notice of time 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 neINSpaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-1928, an amendment to the land Use Element
of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1928:
Porter-Robertson Engineering for Todd Sweaney, the property owner, has filed an application
requesting the change of land use designations from R-IA (Resource-Intensive Agriculture)
and ER (Estate Residential) to SR (Suburban Residential) on 32.07 acres and from R-IA and
ER to GC on 6.79 acres as shown on Exhibit A-1. The project is generally located at the
northeast comer of Snow Road and Jewetta Avenue; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1928 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
Acte (CEQA); and
WHEREAS, by Resolution No. 128-06 on June 15, 2006, the Planning Commission
recommended denial of General Plan Amendment No. 05-1928 as shown on Exhibit "A-2" 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, an appeal was filed by Porter-Robertson Engineering on behalf of Todd Sweaney
on the recommendation of the Planning Commission; 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. 05-1928, 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
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WHEREAS, the laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEQA, the State CEOA Guidelines, and the City of Bakersfield CEQA
Implementation Procedures have been duly followed by city staff and the Planning Commission; 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 the findings made by the Planning Commission as set forth
in Resolution No.128-06, adopted on May 15, 2006:
3. The Council accepts the following findings recommended by staff at the June 15, 2006
Planning Commission meeting:
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 detennined 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 Elements of the Metropolitan Bakersfield General
Plan.
e. The land use designation change on a 38.86 acres from R-IA (Resource-
Intensive Agriculture) and ER (Estate Residential) to SR (Suburban Residential)
on 32.07 acres and GC (General Commercial) on 6.79 acres is compatible with
the land use designations of surrounding properties and is internally consistent
with the Metropolitan Bakersfield General Plan.
f. Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEOA) for the purpose 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 Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the lead Agency's
decision to prepare a Negative Declaration for this project.
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. 05-1928 is approved.
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
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Council, is hereby received, accepted, and approved; however, the Council approves the
GC (General Commercial) land use designation as recommended by staff to the
Planning Commission with no other changes to the conditions;.
4. The City Council hereby approves General Plan Amendment No. 05-1928, as shown on
the map marked Exhibit "A-2", attached hereto and incorporated as though fully set forth,
for property generally located east of Jewetta Avenue (future) and north of Snow Road,
subject to the Mitigation/Conditions of Approval listed in Exhibit "A-1."
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 purpose 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 Sate of California Fish and Game Code. Additionally, the assumption of adverse
effect is rebutted by the above-reference 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. 05-1928, as 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
5. That the appeal is upheld with no changes to the conditions.
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NOES:
ABSTAIN:
ABSENT:
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 August 16, 2006 by the following vote:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Cle
Council of the City of Bakersfield
APPROVED
AUG 1 6 2006
HARVEY L. HALL
MA VOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: ~)n.~
Exhibit A-1 - Mitigation/Conditions of Approval
A-2 - General Plan Amendment Map
Updated 8/23/06
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EXHIBIT A-1
MITIGA TION/CONDITIONS
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EXHIBIT A-1
Conditions of Approval
General Plan Amendment/Zone Change No. 05-1928
MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if
required):
Air Qualitv
1. The following mitigation measures were identified and utilized to reduce project emissions to '1ess
than significance" levels for ROG and NOx errissions:
II. The region exceeds federal and state standards for particulate matter in the air (PM1o). To
incrementally reduce the level of "fugitive dust" particles added to the air basin, the study
assemble a list of construction strategies. The criteria pollutant most affected by required
mitigation measures will be PM10. As the project will be completed in compliance with SJVAPCD
Regulation VIII, dust control measures will be taken to ensure compliance specifically during
grading and construction phases. The mitigation measures to be taken, by the applicant, are as
follows:
a. Water previously disturbed exposed surfaces (soil) a minimum ofthree-times/day or whenever
visible dust is capable of drifting from the site or approaches 20% opacity.
b. Water all haul roads (unpaved - if any) a minimum of three-times/day or whenever visible dust
from such roads is capable of drifting from the site or approaches 20% opacity.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. Install and maintain a trackout control device that meets the specifications of SJVAPCD Rule
8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by
vehicles with three or more axles.
e. Stabilize all disturbed areas, including storage piles, which are not being actively utilized for
construction purposes using water, chemical stabilizers or by covering with a tarp, other
suitable cover or vegetative ground cover.
f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or
effectively wet to limit visible dust emissions.
h. Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the
end of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is
expressly forbidden).
i. Stabilize the surface of storage piles following the addition or removal of materials using water
or chemical stabilizer/suppressants.
j. Remove visible track-out from the site at the end of each workday.
k. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
I. Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and restrict use of cutback,
slow-cure and emulsified asphalt paving materials.
m. Grading should be conducted in phases.
n. Project site shall not be cleared of existing vegetation cover until required by construction.
o. The project developer shall revegetate graded areas as soon as it is feasible after construction
is completed.
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Exhibit A-1
Condition of Approval
GPAlZC 05-1928
Page 2 of 6
II. Measures to Reduce Construction Equipment Exhaust
The applicant shall follow the following strategies obtained from the GAMAQI guidance document
which lists the following measures as approved and recommended for construction activities:
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended periods of time.
c. Construction equipment shall operate no longer than eight (8) cumulative hours per day.
d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
e. Curtail use of high-emitting construction equipment during periods of high or excessive
ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD.
f. All Construction vehicles shall be equipped with proper emission control equipment and kept
in good and proper running order to substantially reduce NOx emissions.
g. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under
manufacturer's guidelines.
h. On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under
manufacturer's guidelines.
i. On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
j. Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and
available to reduce NOx emissions.
k. All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or
to remain on-site during lunch breaks.
I. All construction activities within the project area shall be discontinued during the first stage
smog alerts.
m. Construction and grading activities shall not be allowed during first stage ozone alerts. First
stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average).
III. Other Mitigation Measures
The following mitigation measures are required to further reduce the potential for long-term
emissions from the completed project:
a. The project design shall comply with standards set forth in Title 24 of the Uniform Building
Code to minimize total consumption of energy.
b. Applicants shall be required to comply with applicable mitigation measures in the Air Quality
Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect
Source Rules for the SJVUAPCD.
c. The developer shall petition the Golden Empire Transit District (GET) to conduct a service
study to determine if the project site warrants being annexed into the GET operational
system.
d. If the GET service study indicates that the development qualifies for addition to the GET
system, specific bus turnouts and shelters shall be located at appropriate locations to serve
commercial and residential sites within the project area in consultation with the Golden
Empire Transit District. The bus turnouts and shelters shall be planned by developers in the
project area and local transportation coordinating entities to encourage the efficient and~p..K€
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Exhibit A-1
Condition of Approval
GPAlZC 05-1928
Page 3 of 6
e. The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural
Coatings, during the construction of all buildings and facilities. Application of architectural
coatings shall be completed in a manner that poses the least emissions impacts whenever
such application is deemed proficient.
f. The developer shall comply with the provisions of SJV APCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area.
Specifically, the developer shall not allow the use of:
i. Rapid cure cutback asphalt;
ii. Medium cure cutback asphalt;
iii. Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or
Emulsified asphalt (as specified in SJV APCD Rule 4641, Section 5.1.4).
Cultural Resources
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
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. The applicant shall pay the standard fee as adopted at the time of development.
Mitigation for significant traffic and circulation impacts.
5. Prior to the approval of improvement plans, for any portion of the project area, the applicant shall
incorporate all the traffic and street improvements conditions and mitigatims required by the
Public Works Department. Mitigation for significant traffic and circulation impacts.
CONDITIONS OF APPROVAL:
PUBLIC WORKS CONDITIONS:
6. 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 Jewetta Avenue and Snow Road to arterial standards for
the full frontage of the area within the GPA request. Dedications shall include sufficient widths p..K
for expanded intersections and additional areas for landscaping as directed by the Ci~ ~ ~-9~
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Exhibit A-1
Condition of Approval
GPA/ZC 05-1928
Page 4 of 6
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.
b. Submita comprehensive drainage study to be reviewed and approved by the City Engineer. No
more than 2 sumps may be utilized to serve this area; the sump for the area north of the
Calloway Canal should be located so that it may be available to serve adjacent areas as they
develop. The City's policy is no more than one sump per 80 acres of residential development.
The study shall be approved and any required retention site and necessary easements
dedicated to the City.
c. 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.
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. It is required that the developer
join the North of the River Park Maintenance District. 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.
Access to the arterial and collector 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. Driveway access to the C-1 will be limited and determined at time of division or
development due to the proximity to the arterial/arterial intersection. For orderly development.
10.
The Calloway Canal and Friant Kern Canal Bridge, on Snow Road, replacements are 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. For orderly
development.
11.
Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major
Bridge and Thoroughfare District for the construction and or widening of the crossing of the
Calloway Canal at Jewetta Avenue and the Calloway Canal and Friant Kern Canal at Seventh
Standard Road. For orderly development.
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Exhibit A-1
Condition of Approval
GPAlZC 05-1928
Page 5 of 6
12. Access to the project area from Jewetta Avenue, from Seventh Standard 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 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.
Local Mitiaation
13. Prior to the issuance of the first building permit, the developer shall 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 6 and 7 ofthe 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 from the study as
follows:
1. Allen Rd & Snow Rd, Add 1 NBL, 1 NBR, 1 SBL, 1 SBT, 3.29% share
2. Shane St & Snow Rd, Add 1 NBL, 1 SBL, 5.19% share
3. Jewetta Ave & Snow Rd, Add 1 SBL, 17.84% share
4. Verdugo Ln & Snow Rd, Add 1 NBL\ 1 SBL, 16.79% share
5. Calloway Dr & Norris Rd, Add 1 EBL\ 1 NBT, 2.74% share
6. Jewetta Ave & Reina Rd, Ad 1 EBL, 1 WBL 1, 8.06% share
7. Calloway Dr, Norris Rd to Olive Dr, Add 2lanes2, 3.54% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left tum lane, T - Through lane, R - Right tum lane
1 _ Striping only
2 _ RIW covered by RTIF. Portions have been widened, for NB remaining one lane from Norris to
650' north.
Mitigation for significant traffic and circulation impacts.
14. Upon improvement of the GPAlZC area, construct full improvements on the north half of Snow Road
from the east boundary of the GPAlZC area to the Friant-Kem Canal crossing, in front of A TN 492-
090-20 and 21. If it becomes necessary to obtain any off site right of way and if the developer is
unable to obtain the requi red 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. /Added by Planning Commission on
6/15/06 to address significant street improvement impacts.
CITY A TIORNEY CONDITION:
15. 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 ("Applicanf' 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 CEOA 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-1
Condition of Approval
GPAlZC 05-1928
Page 6 of 6
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.
PARK DISTRICT CONDITIONS:
Prior to the issuance of building permits, the applicant shall submit to planning proof from the North of the
River Park District that the following have occurred:
16. The applicant shall pay park in-Iue fees to help mitigate the impact to the plOvision of parkland to
serve the area. The applicant shall comply with the policies and procedures ofthe North of the river
Recreation and Park. district. (Mitigation for orderly development - see letter dated 5/12/06)
17. Park development fees shall be paid in accordance with the most current district fee schedule. (for
orderly development - see letter dated 5/12/06) ,
18. The project area shall join the North of the River Park Maintenance district. (for orderly development
- see letter dated 5/12/06) ,
NORTH KERN WATER STORAGE DISTRICT
19. Prior to filing a final of grading, or the issuance of building or installation permits, the applicant shall
construct a 6 foot high chain link fence, in accordance with City of Bakersfield Subdivision and
Engineering Design Manual Standard D - 12 (aka S-1 0) or equivalent to separate the subdivision and
the Calloway canal and/or any open conduit waterway, located within one-quarter mile. The canal
fence may not be bonded or secured (Note: The concrete curb for the chain link fence may be
waived subject to Planning Director approval). (Requirement required to satisfy BMC Section
16.32.060 B.B.b and the NKWSD letter dated 6/01/06)
20. Prior to grading approval, the applicant shall obtain \M'itten approval of the plans from the North Kern
Water Storage District and submit that approval to the Planning, Building and Public Works
Departments. (Requirement required to NKWSD letter dated 6/01/06)
PLANNING CONDITIONS
21. Provide a stub street to the east. For orderly development - Added at Planning Commission on
6/15/06)
w.N<lL Updated 8/23/06
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EXHIBIT A-2
GENERAL PLAN AMENDMENT MAP
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