HomeMy WebLinkAboutRES NO 308-06
RESOLUTION NO.
308-06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0464, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM GC
(GENERAL COMMERCIAL) TO LR (LOW DENSITY RESIDENTIAL)
ON APPROXIMATELY 20.76-ACRES, GENERALLY LOCATED AT
THE SOUTHWEST CORNER OF LAKE MING ROAD AND OLD
ALFRED HARRELL HIGHWAY.
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. 06-0464, 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. 06-0464, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0464:
San Joaquin Engineering for CAVU Investment, Ltd., applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from GC (General
Commercial) to LR (Low Density Residential) on approximately 20.76-acres. The project site is
generally located at the southwest corner of Lake Ming Road and Old Alfred Harrell Highway;
and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0464 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. 200-06 on September 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0464 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
29,2006, on General Plan Amendment No. 06-0464, 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.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 200-06, adopted on September 21,
2006:
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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 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 GC (General Commercial) to LR (Low
Density Residential) on approximately 20.76-acres is compatible with the land
use designation 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 CECA 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 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. 06-0464 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. 06-0464,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located at the southwest
corner of Lake Ming Road and Old Alfred Harrell Highway, subject to the
"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,
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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. 06-0464, 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 adoJ2ted by the Council of
the City of Bakersfield at a regular meeting thereof held on NOV 2 9 20u6
by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 2 9 Z005
HARVEY L. HALL
MAYOR of the City of Bakersfiel
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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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. 06-0464
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv:
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:
. Maintain all construction equipment as recommended by manufacturer manuals.
. Shut down equipment when no in use for extended periods of time,
. Construction equipment shall operate no longer than eight (8) cumulative hours per day.
. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
. 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.
. All Construction shall be equipped with proper emission control equipment and kept in good
and proper running order to substantially reduce NOx emissions.
. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under
manufacturer's guidelines.
. On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under
manufacturer's guidelines.
. On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
. Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and
available to reduce NOX emissions.
. All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or
to remain on-site during lunch breaks.
. All construction activities within the project area shall be discontinued during the first stage
of smog alerts.
. 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).
a. Construction of the project requires the implantation of control measures set forth under Regulation
VIII, Fugitive PM1Q 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 this project:
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Exhibit A
Conditions of Approval
GPAlZC 06-0464
Page 2 of 5
. Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or
whenever visible dust is capable of drifting from the site or approaches 20% opacity.
. Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust from
such roads is capable of drifting from the site or approaches 20% opacity.
. Reduce speed on paved roads to less than 15 miles per hour.
. Install and maintain a trackout control device that meets the specifications of SJV APeD 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.
. Stabilize all disturbed areas, including storage pile, 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.
. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover
of effectively wet to limit visible dust emissions.
. 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).
. Stabilize the surface of storage piles following the addition or removal of materials using
water or chemical stabilizer/suppressants.
. Remove visible track-out from the site at the end of each workday.
. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour
period).
. Asphalt-concrete paving shall comply with SJV APCD Rule 4641 and restrict use of cutback,
slow-cure and emulsified asphalt paving materials.
. Grading should be conducted in phases.
. Project site shall no be cleared of existing vegetation cover until required by construction.
. The project developer shall revegetate graded areas as soon as it is feasible after
construction is completed.
b. The following mitigation measures are required to further reduce the potential for long-term
emissions from the completed project:
. The project design shall comply with standards set forth in Title 24 of the Uniform Building
Code to minimize total consumption of energy.
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Exhibit A
Conditions of Approval
GPAlZC 06-0464
Page 3 of 5
. 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.
. 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.
. 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.
. The developer shall comply with provisions of SJVAPCD Rule 4601 facilities. Application of
architectural coatings shall be completed in a manner that poses the least emissions
impacts whenever such application is deemed proficient.
. The developer shall comply with the provisions of SJAVAPCD 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:
11.3.6.1 Rapid cure cutback asphalt;
11.3.6.2 Medium cure cutback asphalt;
11.3.6.3 Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or
11.3.6.4 Emulsified asphalt (as specified in SJVAPCD Rule 4641 Section 5.1.4).
11.3.7 The developer shall comply with applicable provisions of SJVAPCD Rule 9510
(Indirect Source Rule). Mitigation for potentially significant air quality impacts.
Culturallmoact Mitioation 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.
Biolooical Resource Mitiaation Measures:
4. Prior to any grading approval, all earth moving contractors and employees shall attend a "tailgate"
session informing them in sensitive species identification and avoidance techniques for kit fox
protection measures to be followed for the project. The orientation shall be conducted by a qualified
biologist and shall include information regarding the kit fox and other species, summary of
applicable environmental law, procedures to follow if potential species are found, and measures
intended to reduce impacts. Mitigation for potentially significant biological resource impacts. "'I<
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Exhibit A
Conditions of Approval
GPAlZC 06-0464
Page 4 of 5
5. Prior to grading plan approval, the applicant's biologist shall submit a summary report to the
Planning Director verifying the following: 1) when and where the session took place; 2) topics
discussed in the session; and 3) session attendance roster. Mitigation for potentially significant
biological resource impacts.
6. Within 30 days of initial ground disturbance, the applicant shall conduct a preconstruction clearance
survey in accordance with the provisions of the MBHCP. Any identified kit fox dens shall be
monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, the
CDFG, and the USFWS. Mitigation for potentially significant biological resource impacts.
Traffic Impact Mitiqation Measures:
7. 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 potentially significant traffic and circulation impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
8. 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 Old Alfred Harrell Highway to local standards and Lake
Ming Road to collector standards for the full frontage of the area within the GPA request if
necessary. 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. This GPAlZC area is too small to support it's own storm drainage sump. The City will allow no
more than one sump per 80 acres; therefore, this GPAlZC area must be included within the
drainage area of adjoining property. The developer shall participate in the development of a
Planned Drainage Area and provide a drainage study for the GPAlZC area, showing it's
proportionate share of the necessary ultimate storm drainage facilities. The study shall be
approved and any required retention site and necessary easements dedicated to the City. For
orderly development.
c. Sewer service must be provided to the GPAlZC area. Submit verification to the City Engineer of
the existing sewer system's capability to accept the additional flows to be generated through
development under the new land use and zoning. For orderly development.
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. 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
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Exhibit A
Conditions of Approval
GPAlZC 06-0464
Page 5 of 5
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.
10. The improvements for this GPAlZC area shall include widening Lake Ming Road to collector
standards to a point approximately 450' southwest of the GPA's boundary, at which point the curb
and gutter has been completed. For orderly development.
11. We recommend that the development be required to pay into the adopted Regional Traffic Impact
Fee fixed rate program. For orderly development.
12. Improvements with the first phase of subdivision or development shall include the installation of a
traffic signal at Alfred Harrel Highway and Lake Ming Road. This improvement is on the Regional
Transportation Impact Fee Facilities list and as such will be 100% eligible for fee credits. For orderly
development.
Plannina
13. Prior to recordation of the final map, the subdivider shall provide written confirmation to the
planning director that the well has been abandoned in accordance with the Kern County
Environmental Health Services Department. For public heath, safety, and welfare.
14. Development on any lots adjacent to the southern 613-feet of the west property line shall be
limited to single story. Added by City Council.
15. A solid masonry wall shall be installed along the southern 613-feet of the west boundary property
line from Woody Creek Avenue south. Added by City Council.
16. Conditions on the tentative tract shall include a covenant disclosing potential noise impacts from
Lake Ming and adjacent oil drilling uses. Added by Planning Commission.
City Attorney
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 ("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 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.
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Exhibit B
General Plan Amendment Map
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,
Land U.. 0..1 tinatlona
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RR Rural Residential U light Industrial
2.5 gross acresIdwelllng unit .
81 Service'lndustrial .f '.
ER Estate Residential .
1 dwelling unit/net acre HI Heavy Industrial
8R Suburban Residential -----
$ 4 dwelling units/net acre I
P Public Facilities
SRI LR County: $ 4 dwelling unltslnet acre ,
City: $ 7.26 dwelling units/net acre PI PubllclPrivate SchooII ' I
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LR Low Density Residential PT Public Transportation Corridors
$ 7.26 dwelling unlt8lnet acre .. I
P-SW Solid Waste Facilllles
LMR Low Medium Density Residential
>4 units but $ 10 dwelling units/net acre 08 :Open Space , .
HMR High Medium Density ReSidential 08.p Parks and Recreation
> 7.26 units b~ $ 17.42 dwelling unlt8lnet acre
08-8 Slopes exceeding 30%
HR . High Density Residential
> 17.42 units but $72.6 ~lIIng unlt8lnet acre R-IA Resource -Intensive AgricultLn .
20 acre minimum parcel'" "
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R-EA Resource - extensive Agriculture
HC Highway Commercial 20 acre minimum parcel'"
80 acre min (Williamson Act)
GC General Commercial
R-MP Resource - Minerals & PetroleUm
MC Major Commercial 5 acre minimum parcel size
OC Office Commerdal
MUC Mixed Use Commercial
Gen.ral Plan Street Cla.alflcatlon
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 have
grade separations at intersections. and may be an interim facility for an ultimate freeway.
Arteria" are used primarily by through traffic with a minimal function to provide 8CC8S8 to abutting
property.
CollectoN function to connect local streets with arterials and to provide access to abutting property.
Loeall are exclusively for property access and through traffic Is discouraged. ~fQ"
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METROPOLITAN BAKERSFIELD GENERAL PLAN
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