HomeMy WebLinkAboutRES NO 024-07
RESOLUTION NO. 0 2 4... 0 7
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-1018, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM OS-S
(OPEN SPACE - SLOPES) AND R-MP (RESOURCE - MINERALS
AND PETROLEUM) TO LR (LOW DENSITY RESIDENTIAL) ON 41-
ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF
MORNING DRIVE, APPROXIMATELY ONE-QUARTER MILE NORTH
OF THE PALADINO DRIVE/MORNING DRIVE INTERSECTION.
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, December 18,
2006, and on Thursday, December 21,2006, on General Plan Amendment No. 06-1018, 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. 06-1018, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1018:
Cal-Kern Development, LLC, applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from OS-S (Open Space -Slopes) and R-MP
(Resource - Minerals and Petroleum) to LR (Low Density Residential) on 41-acres. The project
site is generally located on the north side of Morning Drive, approximately one-quarter mile north
of the Paladino Drive/Morning Drive intersection; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-1018 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. 264-06 on December 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-1018 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. FEBRUARY 7,
2007, on General Plan Amendment No. 06-1018. notice oftime 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
<<>M~1>
~ ~
1->- m
_ r-
<.) C1
ORIGINAL
Planning Commission as set forth in Resolution No. 264-06, adopted on December 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 OS-S (Open Space -Slopes) and R-MP
(Resource - Minerals and Petroleum) to LR (Low Density Residential) on 41-
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 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 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. 06-1018 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. 06-1018.
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 north side of
Morning Drive, approximately one-quarter mile north ofthe Paladino Drive/Morning Drive
intersection, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A".
5. That General Plan Amendment No. 06-1018, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
2
~ <<>(l..K~1>
o ~
>- -
I- m
_ r-
<.) C1
ORIGINAL
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
---------()()()--------
3
x <of>,K~-9
a ~
::... -
I- m
_ r-
o C1
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of
theCityofBakersfieldataregularmeetingthereofheldon 2/7/07 and effective 2/28/07
by the following vote:
QrEJ)
NOES:
/" v ".- ___ .,./,.--
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
ABSTAIN:
~SENT~
COUNCILMEMBER
~~
APPROVED
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
BY~/ii.~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS - S:\GPA 4th 2006\06-1018\Resolution\CC GPA Resolution.doc
4
<of>,K~1>
~ ~
::... -
I- m
<:) :;
ORIGINAL
Exhibit A
Mitigation/Conditions of Approval
~ <o(l..K~1>
o %
::... -
I- m
- r-
o C1
ORIGINAL
EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. ()6-1()18
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv:
1. 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:
a. The following mitigation measures shall be utilized during the construction phase of the
project to reduce construction exhaust emissions:
· 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 on-site unpaved roads and off-site 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 of water or by presoaking.
· With the demolition of buildings up to six stories in height, all exterior surfaces of the
building shall be wetted during demolition.
· When materials are transported off-site, all materials shall be covered, of 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, of 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.
· Within urban areas, track out shall be immediately removed when it extends 50 or more
feet from the site and at the end of each workday.
b. Additional enhanced control measures are desirable where feasible and include:
· Limit traffic speeds on unpaved roads to 15 mph.
· Install sandbags or other erosion control measures to prevent silt runoff to public
roadways from sites with a slope greater than one percent.
c. Additional measures should be considered for reducing emissions from construction
emissions. The District's GAMAQI suggest the following measures:
~ <or..K~1>
o %
>- -
I- m
_ r-
c,) C1
ORIGINAL
Exhibit A
GPAlZC No. 06-1018
Mitigation/Conditions of Approval
· Use of alternative fueled or catalyst equipped diesel construction equipment.
· Minimize idling time (e.g., 10 minute maximum).
· Limit the hours of operation of heavy duty equipment and/or the amount of equipment in
use.
· Replace fossil-fueled equipment with electricity driven equivalents (provided they are not
run via a portable generator set).
· 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.
· Implement activity management (e.g. rescheduling activities to reduce short-term
impacts).
Mitigation for potentially significant air quality impacts.
Cultural Impact Mitiaation 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.
Bioloaical Resource Mitiaation Measures:
4. The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to
take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10,
including feathers or other parts, nests, eggs, or products, except as allowed by implementing
regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of
Fish and Game Code prohibit the take. possession. or destruction of birds. their nests or eaas.
To avoid violation of the take provisions of these laws generally requires that project-related
disturbance at active nesting territories be reduced or eliminated during critical phases of the
nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment
and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be
considered "taking" and is potentially punishable by fines and/or imprisonment.
The burrowing owl is not covered under the Metropolitan Bakersfield Habitat Conservation Plan.
Should you know or suspect burrowing owls inhabit your construction site or project area, you
Page 2 of 7
~ <<>"'k~1>
o %
>- -
I- m
- r-
<.) t:J
ORIGINAL
Exhibit A
GPAlZC No. 06-1018
Mitigation/Conditions of Approval
should contact a qualified biologist to assist you in addressing the issue prior to ground
disturbance. Mitigation for potentially significant biological resource impacts.
5. Prior to recording the first final map, the project applicant shall submit evidence of compliance
demonstrating that either permits or waivers have been obtained for the wash/intermittent
channel running through the project site. Mitigation for potentially significant biological resource
impacts.
6. Although no evidence of the kit fox was found on the project site, since they are known to exist
in the general area all construction personnel be trained in sensitive species identification and
avoidance techniques and be instructed to be on the lookout for kit fox sign during earth
disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported
to the reviewing agencies for resolution. Mitigation for potentially significant biological resource
impacts.
7. A preconstruction clearance survey be conducted within 30 days of initial ground disturbance 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, CDFG, and
USFWS. Mitigation for potentially significant biological resource impacts.
8. Prior to development, California Department of Fish and Game protocol level Blunt Nosed
Leopard Lizard (BNLL) surveys shall be conducted by a qualified biologist to determine in BNLL
are present on the project site. Any evidence shall be reported to the reviewing agencies for
resolution. Mitigation for potentially significant biological resource impacts.
Traffic Imoact Mitiaation Measures:
9. 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 impacts.
10. 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 4-2 of the traffic study (VRPA Technologies, Inc., June 2006). 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. The recommended mitigations can be found in Table 1: Mitigation
for potentially significant traffic impacts.
Page 3 of 7
~ <of.>..k~-9
o %
>- -
I- m
- r-
<.) C1
ORIGINAL
Exhibit A
GPAlZC No. 06-1018
Mitigation/Conditions of Approval
Table 1
Future Intersection Improvements and Local Mitigation
Local Mitigation Project % Share
# Intersection Total Improvements Required by (Improvements
2030 not covered by for Local
RTIF) Mitigation
1 SR 178 and Install Traffic Signal Install traffic Signal 1.7 %
Morning Drive
Notes:
NB = Northbound, SB = Southbound, WB = Westbound, EB = Eastbound
L = Left Turn Lane. T = Through Lane, R = Right Turn Lane
Public Works:
11. 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 Morning Drive to arterial 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. Along with
submittal of improvement plans, a drainage study for the subdivision shall be submitted for
review and approval by the City Engineer. The scope of the study shall include the entire
upstream and downstream area to the drainage area's terminal facilities or outlet into the
river and what facilities or structures will be needed. As this area will drain to the Kern River
the applicant shall be required to conform to the Clean Water Act requirements. This area
will receive storm water for adjoining properties and shall be required to provide a means of
channeling the flows to the Kern River. For orderly development.
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 area is within the
Northeast Sewer Area and the developer shall follow the requirements, build the proposed
improvements and pay the necessary fees of the area. Submit verification to the City
Engineer of the Northeast sewer system's capability to accept the additional flows to be
Page 4 of 7
~ "QAk~1>
<:) <P
~ ~
t- -
_ m
<.) r-
(;:}
ORIGINAL
Exhibit A
GPAlZC No. 06-1018
Mitigation/Conditions of Approval
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.
12. 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.
13. 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.
14. Access to the project area from Paladino Drive is provided by a sub-standard road. With the
development of the project area, approved, improved access to the site must be provided. The
required improvements shall be 32 feet of paving meeting City design standards for a collector
road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if
the developer is unable to obtain the required right of way, then he shall pay to the City the up-
front costs for eminent domain proceedings and enter into an agreement and post security for
the purchase and improvement of said right of way. Additionally, the developer shall pay their
proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for construction of Morning Drive. If the improvement referred to above is
constructed along the future Morning Drive alignment, this shall be considered as a
reimbursable expense against their proportionate share of Morning Drive. For orderly
development.
15. Local Mitication
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
Table 4-2 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:
Morning Dr & Hwy 178, Interim signalization, 1.7% share
Mitigation for potentially significant traffic and circulation impacts.
Page 5 of 7
X <<>AK~1>
<J %
>- -
I- m
- r-
<.) <::)
ORIGINAL
Exhibit A
GPAlZC No. 06-1018
Mitigation/Conditions of Approval
16. Reoional Transoortation Imoact Fee
Prior to the issuance of building permits, the project applicant shall participate in the RTIF
program by paying the adopted residential fee in place at time of development. For orderly
development.
Hazards and Hazardous Materials
17. With the submittal of any tentative subdivision map application for areas containing, or which
formerly contained, oilfield equipment and facilities, the applicant shall submit a site assessment
containing the findings of soils sampling conducted to determine the presence or absence of
hazardous materials to the satisfaction of the Bakersfield Fire Department (Prevention Services
Division). In the event hazardous materials are present, a Remediation Plan shall be submitted
together with the tentative subdivision map application to the satisfaction of the local Unified
Program agency (Prevention Services Division, Bakersfield Fire Department). Mitigation for
potentially significant hazards and hazardous materials impacts.
Paleontolooical Resources:
18. If paleontological resources are encountered during construction, a qualified paleontologist shall
be retained by the developer to evaluate the significance of the resources and formulate a
mitigation program if necessary. The paleontologist shall coordinate with the City of Bakersfield
Planning Department. Mitigation for potentially significant paleontological resource impacts.
Hillside Develooment:
19.a. With submission of any tentative tract map or grading plans, the Planning Director, Building
Director, or City Engineer may require the submittal of any or all of the following: a geotechnical
report, a geology report, and a drainage concept report which demonstrate compliance with this
condition to the satisfaction and approval of the Building Director. Mitigation for potentially
significant geotechnical impacts.
19.b. Subdivision applications shall provide information and adhere to development standards
required under Bakersfield Municipal Code Section 17.66. Mitigation for potentially significant
geotechnical impacts.
Ooen Soace Maintenance:
20. Areas left in natural open space shall be maintained by a homeowners association or other
appropriate entity approved by the City. For orderly development.
Citv Attornev:
Page 6 of 7
~ <o~K~1>
C) ~
;:... -
I- m
_ r-
<.) C1
ORIGINAL
Exhibit A
GPAlZC No. 06-1018
Mitigation/Conditions of Approval
21. 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 CECA 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.
JS:S:\GPA 4th 2006\06-1 018\Staff Reports\Conditions Ex A-1.doc
Page 7 of 7
~ <o~K~~
o %
::... -
I- m
- r-
o C1
ORIGINAL
Exhibit B
General Plan Amendment Map
x <of>,K~1>
o %
>- -
I- m
- r-
o C1
ORIGINAL
I I
i I ~
( , I ~
i : ~
1 I :
-------------- --------------~
-. -. -. -. -. -. -. -. -. -. -. -. -. -. -.-.-.-.-.-.-.. .-.-._._._.0
.
I
I
I
I
--1 >>
I
I r"
I / \
./ \ lil
V ~
\
.~
>>
-- -- ----
i
>>
~
I\.)
~
w
>>
j
~
~
!il
~
O"Tl
oc
~-t
~c
m;:o
~m
o
::u
>>
-I
~
$I>
~
m MORNING DRIVE
-I
~
$I>
~
CO
m
>>
,
~
Cll)
>>
>>
>>
>>
i
.~ -- -- .- ...... .-- .
~
O"T1
~~
"c
m::U
mm
~
r-
~
r-
r-
C
\ ;!!
\ ;l;
.
\
!
!
I
.
\
\
G)
m
z
m
::0
)>
r
""C
r
()>
Z
)>
s:
m
z
o
s:
m
z
--I
o
0)
I
~
o
~
())
\
0 . I .,
r-
I m ......,
N ! . (j) .,
~ g ~ ! m >>
z ~ \
Ii ~ r:: 0~ Z ~ iT! c .
1 <of>,K~1>
.... ~ ~ i ~ %
g i I >- m
... >> i I- r-
l~ In Ul . <:) C1
.f'i'\ !~ ORIGINAL
CITY OF BAKERSFIELD
GENERAL PLAN LAND USE DESIGNATIONS
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
SI Service Industrial
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
SR Suburban Residential -----
s 4 dwelling units/net acre
P Public Facilities
SRlLR County: s 4 dwelling units/net acre
City: s 7.26 dwelling units/net acre PS PubliC/Private Schools
LR Low Density Residential PT Public Transportation Corridors
s 7.26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4 units but s 10 dwelling units/net acre OS Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units but s 17.42 dwelling units/net acre
OS-S Slopes exceeding 30%
HR High Density Residential
> 17.42 units but s 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size
-----
R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
GC 80 acre min (Williamson Act)
General Commercial
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
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
are used primarily by through traffic with a minimal function to provide access to abutting
property .
Collectors
function to connect local streets with arterials and to provide access to abutting property.
are exclusively for property access and through traffic is discouraged.
Locals
S:\Forms\zone-gp.doc
x <of>,f ~-9
o ~
::... -
'= l!!
o C1
ORIGINAL