HomeMy WebLinkAboutRES NO 299-06
RESOLUTION NO.
299-06
RESOLUTION MAKING FINDINGS, ADOPTING
THE NEGATIVE DECLARATION, DENYING THE
APPEAL AND APPROVING GENERAL PLAN
AMENDMENT NO. 05-1428, AN AMENDMENT TO
THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN
FROM ER (ESTATE RESIDENTIAL) TO LR (LOW
DENSITY RESIDENTIAL) ON 100 ACRES,
GENERALLY LOCATED ON THE SOUTH SIDE OF
EAST PANAMA LANE, 1/4-MILE EAST FOR
COTTONWOD ROAD.
WHEREAS, Pinnacle Engineering for Sikander Singh & Daljeet Kaur Jassar, 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, September
18, 2006 and Thursday, September 21, 2006 on General Plan Amendment No. 05-1428, 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 05-1428, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1428:
Pinnacle Engineering for Sikander Singh & Daljeet Kaur Jassar, applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from ER
(Estate Residential) to LR (Low Density Residential) on 100-acres. The project site is
located on the south side of East Panama Lane, 1/4-mile east of Cottonwood Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1428 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. 182-06 on September 21,2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1428 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, an appeal was filed by Pinnacle Engineering on the decision 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,
November 15, 2006, on General Plan Amendment No. 05-1428, notice oftime and place of the
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hearing having been given at least ten (10) calendar days before the hearing by publication in The
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 182-06, adopted on September
21,2006:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration was prepared for the project in
accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan.
e. The land use designation change from ER (Estate Residential) to LR (Low
Density Residential) On 100-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 CEQA, the State CEQA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures have been
duly followed by city staff and the Planning Commission.
3. That the 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. 05-1428 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-
1428, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property generally located on
the south side of East Panama Lane, 1/4-mile east of Cottonwood Road, subject to
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"Mitigation/Conditions of Approval" listed in Exhibit "A."
5. Based on the absence of evidence in the record as required by Section 21082.2 of
the State of California Public Resources Code (CEQA) for the purposes of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with regard to
wildlife resources and, therefore must be granted a "de minimis" exemption in
accordance with Section 711 of 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. 05-1428, 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.
7. The appeal is hereby denied.
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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 NO V 1 5 2006 by the
following vote:
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~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
APPROVED
NOV 1 5 2006
~Ll.
PAMELA A. McCARTHY Me
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
HARVE 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 Amendment/Zone Change No. 05-1428
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv ImDact Mitication Measures
1. With submittal of tentative tract map application, the applicant/developer of the project site shall
submit documentation to the Planning Department that they will/have met the following air quality
mitigation measures:
a. 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 employees
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.
b. 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 & fill, and
demolition activities shall be effectively controlled of fugitive dust emissions utilizing
application
. When materials are transported offsite, all materials shall be covered, or effectively
wetted to limit visible dust emissions, and at least six inches of freeboard space from the
top of the container shall be maintained.
. All operations shall limit or expeditiously remove the accumulation of mud or dirt f~""/(C'-91Jl
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Exhibit A
Conditions of Approval
GPAlZC 05-1428
Page 2 of 5
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 offugitive 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 15mph on all unpaved areas at the
construction site.
. Implementation of carryout/trackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII.
c. The following mitigation measures can utilized during the operations phase of the project to
reduce emissions:
. To encourage pedestrian traffic, prior to the completion of the construction phase, the
developer shall install sidewalks throughout the project.
Culturallmoact Mitication 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 were 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 Imoact Mitication Measures:
4. Prior to 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 potentially significant traffic and circulation impacts.
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Exhibit A
Conditions of Approval
GPAlZC 05-1428
Page 3 of 5
5. Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor include with normal development improvements) as indicated in
Tables 7 of the traffic study (percentages have been adjusted from table per City & State policy to
base share on percent of new traffic only) (Pinnacle Civil Engineering, 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.
a. Panama Ln & So. H St, Add 1 NBL, 1 SBT, 1 EBT, 1 WBT1, 4.77 % share
b. Panama Ln & Weed patch Hwy (SR 184), Add 1 NBT, 1 NBR, 1 SBT, 1 SBR, 1 EBL, 1 WBL,
8.11% share
c. Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each direction, 5.1 % share
d. Weed patch Hwy, SR 184, Panama Ln to Mtn. View Rd, Add 1 lane each direction, 6.5% share
e. Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR,4.93%
share2
f. Union Ave & Panama Ln, Add 1 EBL3, 8.72% share2
g. Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 24.1 % share2
h. Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 8.33% share2
i. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 5.80% share2
j. Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10.73% share2
NOTE: NB - north bound, SB - south bound, WB - west bound, EB-
east bound L - Left turn lane, T- Through lane, R - Right turn lane
6. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of
development. Mitigation for potentially significant traffic and circulation impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
7. Along with the submittal of any development plan, prior to approval of improvement plans, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Panama Lane to arterial standards and for Washington
Street (the north-south collector) to collector standards for the full frontage of the area within
the GPA request. Provide fully executed dedication for Panama Lane from the west
boundary of the GPAlZC area to the intersection of Cottonwood Road. 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. 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. For orderly
development.
1 This leg covered by the TIF
2 Added mitigation based on review of adjacent project traffic study
3 Striping only.
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Exhibit A
Conditions of Approval
GPAlZC 05-1428
Page 4 of 5
c. 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.
d. 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. This
GPAlZC area will be served from Wastewater Treatment Plant #2. For orderly development.
8. The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance
District with submittal of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area. For orderly development.
9. 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.
10. 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.
11. The Cottonwood Road crossing of the Arvin Edison Canal need widening; the Washington Street
crossing of this canal must be constructed. 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.
12. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by
the Regional Transportation Impact Fee - RTIF nor included with normal development
improvements) as indicated in Table 7 of the traffic study (percentages have been adjusted from
table per City & State policy to base share on percent of new traffic only). 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. For orderly development.
a. Panama Ln & So. H St, Add 1 NBL, 1 SBT, 1 EBT, 1 WBT4, 4.77 % share
b. Panama Ln & Weed patch Hwy (SR 184), Add 1 NBT, 1 NBR, 1 SBT, 1 SBR, 1 EBL, 1 WBL,
8.11 % share
c. Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each direction, 5.1 % share
d. Weed patch Hwy, SR 184, Panama Ln to Mtn. View Rd, Add 1 lane each direction, 6.5% share
e. Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1 SBR,4.93%
share5
f. Union Ave & Panama Ln, Add 1 EBL6, 8.72% share2
4 This leg covered by the TIF
5 Added mitigation based on review of adjacent project traffic study
6 Striping only.
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Exhibit A
Conditions of Approval
GPAlZC 05-1428
Page 5 of 5
g. Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 24.1 % share2
h. Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 8.33% share2
i. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 5.80% share2
j. Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10.73% share2
NOTE: NB - north bound, SB - south bound, WB - west bound, EB-
east bound L - Left turn lane, T- Through lane, R - Right turn lane
13. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at time of
development. For orderly development.
14. Construct full improvements on the south side of Panama Lane from the west boundary of the
GPAlZC area to the intersection of Cottonwood Road upon further development of the GPAlZC
parcel. For orderly development.
Bakersfield Municioal Airoort Comoatibilitv:
15. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall
be granted to the City of Bakersfield for all residential lots. Overflight easements shall grant all
rights deemed necessary by the City of Bakersfield to ensure that the development of said property
will neither impede airport operations nor result in flight hazards, including but not limited to the
following: to make flights and associated noise in airspace over said property; to regulate or prohibit
the release of any substance into the air which might interfere with aircraft operations; to regulate or
prohibit light emissions which might interfere with pilot vision; and to prohibit electrical emissions
which might interfere with aircraft communications systems or aircraft navigational equipment.
16. With the recordation offinal subdivision maps within the GPAlZC area, a notice shall be recorded on
the deeds of all residential lots disclosing that the properties are in an area subject to aircraft
overflights, and as a result, residents may experience inconvenience, annoyance and discomfort
arising from the noise of such operations. The notice shall also state that State law establishes the
importance of public use airports for the protection of the public interest of the people of the State of
California and that residents of property near a public use airport should, therefore, be prepared to
accept such inconvenience, annoyance and discomfort from normal aircraft operations.
Citv 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 ("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 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, s~~~kC'-9
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Exhibit A
Conditions of Approval
GPAlZC 05-1428
Page 6 of 5
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 3rd 2006\05-1428\Staff Reports\Exhibit A-1 (Revise).doc
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Exhibit B
General Plan Amendment Map
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Rural Residential
2.5 gross acres/dwelling unit
Estate Residential
1 dwelling unit/net acre
Suburban Residential
$ 4 dwelling units/net acre
SRI LR County: $ 4 dwelling units/net acre
City: $ 7.26 dwelling units/net acre
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METROPOLITAN BAKERSFIELD GENERAL PLAN
Land Use Desl ~natlon.
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HI
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Light Industrial
Service Industrial
., '
.
Heavy Industrial
-----
P
I
PublIC Facilities
I
PS publiclPrivate Schools .
PT Public Transportation Conidoi'a
P-SW Solid Waste Facilities
OS.Open Space . .
Low Density Residential
$ 7.26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 units but $ 10 dwelling units/net acre
LR
HMR High Medium Density Residential
> 7.26 units b~ $ 17.42 dwelling units/net acre
OS-P Parks and RecreatiOn
HR
HC
GC
MC
High Density Residential
> 17.42 units but $72.6 dwelling units/net acre
OS-S Slopes exceeding 30%
R-IA Resource. Intensive AgricUlture
20 acre minimum parcel..
R-EA Resource. Extensive AgricUlture
20 acre minimum parcel"
80 acre min (Williamson Act)
R-MP Resource - Minerals & Petroleum
5 acre minimum parcel size
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Highway Commercial
General Commercial
Major Commercial
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freeways
provide service to through traffic exclusivelY with no access to abutting property and no at-grade
intersections.
EXDreSSWaYs are arterial highways with partial control of access which mayor may not be divided or haye
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterial.
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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