HomeMy WebLinkAboutRES NO 288-06
RESOLUTION NO.
288-06.
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0377, AN AMENDMENT TO THE LAND USE ELEMNT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
GENERALLY LOCATED SOUTH OF E. PANAMA LANE AND EAST
OF COTTONWOOD ROAD, AT THE SOUTHEAST CORNER OF
WHERE COTTONWOOD ROAD MEETS THE ARVIN-EDISON
CANAL.
WHEREAS, Knittel Bros. Gen. Partnership, Patsy Stacy and Dorothy A. Lowry c/o Hendricks
Engineering, filed a 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 on Thursday, September 21,2006, on General Plan Amendment No. 06-0377, 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. 06-0377, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0377:
Hendricks Engineering for Knittel Bros. Gen. Partnership, Patsy Stacy and Dorothy A. Lowry
applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan
consisting of a change from ER (Estate-minimum 1 net acre/unit) to LR (Low Density
Residential) on 75.2 acres generally located south of E. Panama Lane and east of
Cottonwood Road, at the southeast corner of where Cottonwood Road meets the Arvin-
Edison Canal; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0377 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. 184-06 on September 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0377 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. 06-0377, 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 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. 184-06 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-minimum 1 net acre/unit)
to LR (Low Density Residential) on 75.2 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 applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission ofthe City
of Bakersfield as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for the General Plan Amendment No. 06-0377 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. 06-
0377, constituting changes as shown on the map marked Exhibit "B", attached
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hereto and incorporated as though fully set forth, for property generally located south
of E. Panama Lane and east of Cottonwood Road, at the southeast corner of where
Cottonwood Road meets the Arvin-Edison Canal 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 irnpacts 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. 06-0377, approved herein, be combined with
other approved General Plan Amendment cases in this same cycle described in
separate resolutions, to form a single Amendment to the Metropolitan Bakersfield
General Plan.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on November 15, 2006 by the
following vote:
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CAYEs~. COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
~ COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
A. inL
PAMELA A. McCARTHY,
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED NOV 1 5 2006
HARVE L H L
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: /&;uc/n ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
CG - S:\GPA 3rd 2006\06-0377\Resolutions\CC Resolution GPA 06-0377.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-0377
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
Upon submittal of tentative tract or site plan for approval, 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:
1. The following mitigation measures shall be utilized during the construction phase of the
project to reduce particulate dust emissions:
a. Water exposed soil surfaces a minimum of three times per day, when dust is capable
of drifting from the site, or approaches 20% opacity.
b. Water all unpaved roads a minimum of three times per day, when visible dust 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 track-out control device that meets the specifications of San
Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8041 if the site exceeds
150 vehicle trips per day or more than 20 vehicle trips by vehicle with three or more
axles.
e. Stabilize all disturbed areas, including storage piles, which are not being actively used
for construction purposes using water, chemical stabilizers or by covering with a tarp,
other suitable 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 of effectively wet to limit dust emissions.
h. Limit and remove the accumulation of mud and/or dirt from adjacent public roadways
at the end of each workday,
i. Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizers/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.
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EXHIBIT A
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
o. The project developer shall revegetate graded areas as soon as it is feasible after
construction is completed.
Mitigation for potentially significant air quality impacts.
2. The following mitigation measures shall be utilized during the construction phase of the
project to reduce equipment exhaust emissions:
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 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 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, particulate
filters, and/or cooled exhaust gas recirculation (EGR) if permitted under
manufacturer's guidelines.
h. Use of Caterpillar pre-chamber diesel engines or equivalent shall be used if economic
and available to reduce NOx emissions.
i. All construction workers shall be encouraged to carpool to retail establishments or to
remain on-site during lunch breaks.
j. All construction activities within the project area shall be discontinued during the first
stage of smog alerts.
k. Construction and grading activities shall not be allowed during first stage ozone alerts.
Mitigation for potentially significant air quality impacts.
3. 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 SJVAPCD.
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.
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EXHIBIT A
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
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 practical use of public transit
entities servicing the project area.
e. The developer shall comply with the provisions of SJVAPCD Rule 4601. Application of
architectural coatings shall be completed in a manner that poses the least emissions
impacts when such application is deemed proficient.
f. The developer shall comply with the provisions of SJVAPCD Rule 4641 during the
construction and pavement of all roads and parking areas within the project area, the
developer shall not allow the use of the following types of asphalt, rapid cure cutback,
medium cure cutback, slow cure cutback, and emulsified.
Mitigation for potentially significant air quality impacts.
Cultural Resources
4. Although no cultural resources were found on the site, there is the possibility that buried
remains could be found during construction or earth disturbing activities. Should the
subsurface archaeological remains be unearthed during construction activity, work in the
area would stop immediately and a qualified archaeologist shall be consulted for further
evaluation. Any measures by the archaeologist shall be complied with at that time.
Mitigation for potentially significant cultural resource impacts.
5. 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
6. Prior to the issuance of any building permit within the GPAlZC area, the developer shall
pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department.
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EXHIBIT A
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
Mitigation for potentially significant traffic impacts.
7. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall
pay the proportionate share contributions for the intersection and roadway improvements
not covered by the RTIF as identified in Tables 7 and 8 of the project traffic study
(Ruettgers & Schuler Civil Engineers, February 2006) and in the following tables:
TABLE 1
rovements and Local Miti
1 Cottonwood Rd Install Signal - 1 EBL, 1 Install Signal - 1 EBL, 1 4.43%
& Pacheco Rd WBL, 1 NBL, 1 SBL, 1 SBR WBL, 1 NBL, 1 SBL, 1 SBR
5 Union Ave & 1 EBL, 1WBL, 1WBT 1 EBL 10.54%
Panama Ln
6 Cottonwood Rd Install Signal - 1 EBL, 1 1 WBL, 1 NBL, 1 SBL 20%
& Panama Ln WBL, 1 NBL, 1 SBL
7 Cottonwood Rd Install Signal - 1 EBL, 1 Install Signal - 1 EBL, 1 32.65%
& Berkshire Rd WBL, 1 NBL, 1 SBL WBL, 1 NBL, 1 SBL
8 Cottonwood Rd Install Signal - 1 EBL, 1 Install Signal - 1 EBL, 1 9.13%
& Hoskin Rd WBL, 1 NBL, 1 SBL WBL, 1 NBL, 1 SBL
9 Cottonwood Rd Install Signal - 1 EBL, 1 1 NBL, 1 SBL 10.83%
& Taft H WBL, 1 NBL, 1 SBL
Notes:
NB = Northbound
SB = Southbound
WB = Westbound
EB = Eastbound
L = Left-Turn Lane
T = Through Lane
R = Right-Turn Lane
TABLE 2
rovements and Local Miti
Cottonwood Rd: Planz Rd - Pacheco Rd
Cottonwood Rd: Pacheco Rd - Panama Ln
Panama Ln: SR 99 - South H St
Panama Ln: S. Union Ave - Cottonwood Rd
Add 2 lanes
Add 2 lanes
Add 1 lane
Add 2 lanes
Add 2 lanes
Add 2 lanes
3.75%
4.41%
Add 2 lanes
10.73%
Mitigation for potentially significant traffic impacts.
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EXHIBIT A
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
8. 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 Cottonwood Road to arterial standards and for
Berkshire and Washington (the north-south collector) to collector standards for the full
frontage of the area within the GPA request. Provide fully executed dedication for
Cottonwood Road from the north boundary of the GPAlZC area to the intersection of
Panama Lane. 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 this area. The study shall be
approved and any required retention site and necessary easements dedicated to the
City.
c. 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 over sizing
costs to the developer. This GPAlZC area will be served from Wastewater Treatment
Plant #2 - a lift station will be necessary to serve any area south of the Arvin Edison
Canal.
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.
9. Construct full improvements on the east side of Cottonwood Road from the north
boundary of the GPAlZC area to the intersection of Panama Lane upon further
development of the GPAlZC parcel. For orderly development.
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EXHIBIT A
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
10. 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.
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.lf 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.
13. The Cottonwood Road crossing of the Arvin Edison Canal needs 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.
14. Local Traffic Mitigation: Pay the proportionate share of the following mitigation measures
(not paid for by the Regional Transportation Impact Fee nor included with normal
development improvements) as indicated in Tables 7 and 8 of the traffic study. An
estimate and fee schedule should be developed by the applicant and approved prior to
recordation of a map or issuance of a building permit. Proportionate shares from the study
as follows (Note: NB - north bound, SB - south bound, WB - west bound, EB - east
bound L - Left turn lane, T-Through lane, R - Right turn lane):
a. Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1
SBR, 4.43% share
b. Union Ave & Panama Ln, Add 1 EBL 1, 10.54% share
c. Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 20% share
d. Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL,
32.65% share
e. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 9.13%
share
f. Cottonwood Rd & Taft Hwy, Add 1 NBL, 1 SBL, 10.83% share
g. Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each way, 3.75% share
h. Cottonwood Rd, Pacheco Rd to Panama Ln, Add 1 lane each way, 4.41% share
i. Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10.73% share
1 Striping only.
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EXHIBIT A
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
j. Panama Ln & So. H St, Add 1 NBL, 1 SBT, 1 EBT, 1 WBT2, 7.78 % share3
For orderly development.
15. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at
time of development. For orderly development.
City Attornev
16.ln 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.
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.
2 This leg covered by RTIF.
3 Added mitigation based on review of adjacent project traffic study.
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Exhibit B
General Plan Amendment Map
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Freewavs
CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNATIONS
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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