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Home My WebLink AboutRES NO 292-06 RESOLUTION NO. 292-06 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-1933, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM SR (SUBURBAN RESIDENTIAL) TO LMR (LOW MEDIUM DENSITY RESIDENTIAL) ON APPROXIMATELY 12 ACRES AND LR (LOW DENSITY RESIDENTIAL) ON APPROXIMATELY 12 ACRES, GENERALLY LOCATED ON THE EAST AND WEST SIDES OF COFFEE ROAD, APPROXIMATELY 460 FEET NORTH OF ETCHART ROAD AND WEST OF THE BEARDSLEY CANAL. 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 on Thursday, September 21 , 2006, on General Plan Amendment No. 05-1933, 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 No. 05-1933, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-1933: ADA VCO for Bidart Bros. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from SR (Suburban Residential) to LMR (Low Medium Density Residential) on approximately 12 acres and LR (Low Density Residential) on approximately 12 acres. The project site is generally located on the east and west sides of Coffee Road, approximately 460 feet north of Etchart Road and west of the Beardsley Canal; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1933 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. 186-06 on September 21,2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-1933 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, NOVEMBER 15, 2006, on General Plan Amendment No. 05-1933, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. ~ ~"'I(C'-9 C> % ,)... - I- m - r- c.) (;) ORIGiNAl 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 186-06, adopted on September 21, 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 LMR (Low Medium Density Residential) on approximately 12 acres and LR (Low Density Residential) on approximately 12 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 CECA 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. 05-1933 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. 05-1933, 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 east and west sides of Coffee Road, approximately 460 feet north of Etchart Road and west of the Beardsley Canal, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 2 ~ ~"'I(C'-9 C> % ).. - .... m - r- c.) (;) ORIGINAL 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. 05-1933, 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. .-..-....()()()-.-...-. 3 ~ ~"'I(C'-9 C> % ,)... - I- m - r- c.) c::, ORIGINAL 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 ~OV 1 5 ~006 by the following vote: C20 NOES: ABSTAIN: ABSENT: .....- ....-- ....-- ~ ---- - ....--- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield APPROVED NOV 1 5 2006 APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~/th ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PH - S:\GPA 3rd 2006\05-1933\Resolutions\CC GPA Resolution.doc 4 ~ ~"'I(C'-9 C> % ,)... - I- m - r- c.) (;) ORIGINAL Exhibit A Mitigati()n/C()nditi()ns ()f Appr()val !< ~"'I(C'-9 C'j % "" - Eo- m i} r- (;)FijGWAlC;) EXHIBIT A Mitigati()n/C()nditi()ns ()f Appr()val General Plan AmendmentlZ()ne Change N(). ()5.1933 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality 1. Prior to development, 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: . 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. · 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 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 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. ~ ~"'l(c-9 C> % ,)... - I- m _ r- <..) c::, ORIGINAL Exhibit A GPAlZC No. 05-1933 Mitigation/Conditions of Approval · 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 construction site. · Implementation of carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Mitigation for potentially significant air quality impacts. 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. Mitigation for significant traffic and circulation impacts. 5. Prior to issuance of the first building permit within the project site, the developer shall pay the proportionate share of the following intersection and roadway mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as identified in the project traffic study (Ruettgers & Page 2 of 6 5< 'OA/(C'-9 o % ,)... - f- m - r- <..) (;) ORIGINAL Exhibit A GPAlZC No. 05-1933 Mitigation/Conditions of Approval Schuler Civil Engineers, December 2005). An estimate and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit, whichever occurs first. The estimate shall break out the single-family and multi-family residential components in separate per unit fees. Proportionate shares from the study as follows: a. Coffee Road & Etchart Road: Install Signal, Add 1 EBL, 1 WBL, 7.78% share b. Coffee Road & Norris Road: Add 1 EBL, 1 EBR, 1 WBL, 1 SBL, 1 SBT, 6.05% share c. Coffee Road & Olive Drive: Add 1 NBR, 2.14% share d. 7th Standard Road, Calloway Drive to Coffee Road: Add 2 Lanes, 1.45% share Notes: NB - north bound, 5B - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane Mitigation for significant traffic and circulation impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works: 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 Coffee Road to arterial standards for the full frontage of the area within the GPAlZC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. 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 each area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve each GPAlZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. Page 3of6 ~ f6AI(~-9 o ~ >- - I- m _ r- c.) (;) ORIGINAL Exhibit A GPAlZC No. 05-1933 Mitigation/Conditions of Approval c. The GPAlZC 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 GPAlZC 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 GPAlZC area. It is required that the developer join the North of the River Park Maintenance District. For orderly development. 8. The developer shall construct improvements along the full frontage of the GPAlZC 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. 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. 11. The Snow Road, Seventh Standard Road and Coffee Road crossings of the Lerdo Canal need widening. Developer shall pay their proportionate share of the cost and Page 40f 6 ~ ~"'I(~-9 <:) % "'" - 5 5 OAlGlNAL Exhibit A GPAlZC No. 05-1933 Mitigation/Conditions of Approval shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. Meadows Field Airport Compatibility: 12. With the recordation of final subdivision maps within the GPAlZC area, overflight easements shall be granted to the County of Kern for all residential lots. Overflight easements shall grant all rights deemed necessary by the County of Kern 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. For public health, safety and welfare. 13. With the recordation of final 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. For public health, safety and welfare. City Attornev: 14. 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 5 of 6 x fOt-.K~-9 o % >- - f- m _ r- c.) c::, ORIGINAL Exhibit A GPAlZC No. 05-1933 Mitigation/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 proceeding, 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. Page 6 of 6 !( ~"l(c-9 Q % >0 - ... m "'" r- t) t:) ORIGINAL Exhibit B General Plan Amendment Map ~ ~"'I(~-9 o ~ :> - I- m _ r- c.) c::, ORIGINAL lil ill 8l ;e w Z CD ~ ~ ~0 ::A15 ~ I .. - ,... ~ ~! M lil 0 M 0) lil ~ I ~ ''It' I- Z w ::E 0 5 Z c1'#' 5 W ~~$ 5 ::E t/'~ <( z :5 III ::J avo}j 3 a.. ~ ..J ~ ~ W Z III W C) 5 LO ~ Z ~ rn III ~ ~ ~ ~ III in i J ~ - m r- ORIGINAL