HomeMy WebLinkAboutRES NO 256-07
RESOLUTION NO.
256-07
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1365, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA
(RESOURCE - INTENSIVE AGRICULTURE) TO LI (LIGHT
INDUSTRIAL) ON 45.4 ACRES, GENERALLY LOCATED AT THE
NORTHWEST CORNER OF GOSFORD ROAD AND THE FUTURE
MCKEE ROAD.
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 17,
2007, and on Thursday, September 20,2007, on General Plan Amendment No. 07-1365, notice ofthe
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. 07-1365, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1365:
Carl R. Moreland for Banducci Land, LLC, applied to amend the Land Use Element of the
Metropolitan Bakersfield General Plan consisting of a change from R-IA (Resource - Intensive
Agriculture) to LI (Light Industrial) on 45.4 acres located at the northwest corner of Gosford
Road and the future McKee Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1365 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. 154-07 on September 20, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1365 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 WEDNESDA V, NOVEMBER
28, 2007, on General Plan Amendment No. 07-1365, 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. 154-07, adopted on September 20,
2007:
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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 CEOA.
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 R-IA (Resource -Intensive Agriculture) to
LI (Light Industrial) on approximately 45.4 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. 07-1365 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. 07-1365,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on located at the
northwest corner of Gosford Road and the future McKee Road, subject to the
"Mitigation/Conditions of Approval" listed in Exhibit "A".
5. That General Plan Amendment No. 07-1365, 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 NOV 2 8 2081
by the following vote:
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AYES: COUNCILMEMBER CARSON, BENHAM, WEIR, OOl::JSII, HANSON, SULLIVAN, SCRIVNER
NOES:
ABSTAIN:
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER c.o u.-c.J.--
ABSENT:
PAM~l(li~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 2 8 2001
HARVEY . HALL
MAYOR of the City of Bakersfield
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
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 07-1365
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality Mitiaation Measures:
1. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Prior to final site plan approval, the applicanUdeveloper of the
project site shall submit documentation to the Planning Department that they will/have met all
air quality control measures required by the San Joaquin Valley Air Pollution Control District.
Mitigation for potentially significant air quality impacts.
2. Large diameter particulate matter will be generated during ready-mix operations at transfer
points, and from fugitive dust associated with vehicle movement. These materials may soil
parked cars, landscaping, or outdoor furniture near the plant. Upon submittal of tentative tract
map application, the applicant shall demonstrate compliance with the following measures to
the satisfaction of the Planning Director (applicable measures shall be included on grading and
improvement plans and shall be implemented during construction):
a. Very heavy tree planting along the northern shared property line with the batch plant.
Mitigation for potentially significant air quality impacts.
b. Air conditioning fans sized to accommodate oversized dust filters. Mitigation for
potentially significant air quality impacts.
c. Disclosure of plant proximity and of infrequently perceptible odor shall be included in all
real estate transactions. Mitigation for potentially significant air quality impacts.
3. The project site is located in a PM-10 non-attainment area. Upon submittal of tentative tract or
final site plan for approval, the applicanUdeveloper of the project site shall demonstrate
compliance with the following measures to the satisfaction of the Planning Director:
a, Install wheel washers for all exiting trucks, or wash off all trucks and equipment leaving
the site. Mitigation for potentially significant air quality impacts.
b. Install wind breaks at windward side(s) of construction areas. Mitigation for potentially
significant air quality impacts.
c. Suspend excavation and grading activity when winds exceed 20 mph. Mitigation for
potentially significant air quality impacts.
d. Limit area subject to excavation, grading, and other construction activity at anyone
time. Mitigation for potentially significant air quality impacts.
CulturallmDact Mitiaation Measures:
4. 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
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EXHIBIT A
GPAlZC No. 07-1365
Mitigation/Conditions of Approval
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 impacts.
5. Prior to ground-disturbance activities associated with this project, personnel associated with
the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (Le. archaeological sites, artifacts, features, burials, etc.) that may be
encountered during site preparation activities, how to identify those resources in the field, and
of the regulatory protections afforded to those resources. The personnel shall be informed of
procedures relating to the discovery of archaeological remains during grading activities and
cautioned to avoid archaeological finds with equipment and not collect artifacts. The
applicanUdeveloper of the project site shall submit documentation to the Planning Department
that they have met this requirement prior to commencement of ground-disturbance activities.
This documentation should include information on the date(s) of training activities, the
individual(s) that conducted the training, a description of the training, and a list of names of
those who were trained. Should cultural remains be uncovered, the on-site supervisor shall
immediately notify a qualified archaeologist. Mitigation for potentially significant cultural
impacts.
Traffic ImDact Mitiaation Measures:
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. Mitigation for potentially significant traffic impacts.
7. Prior to issuance of the first building permit within the GPAlZC area, the developer shall pay
the proportionate share contributions for the intersection and roadway improvements not
covered by the RTIF as identified in the project traffic study (Crenshaw Traffic Engineering,
April 2004):
a, Install traffic signal at Panama Lane and Gosford Road. Mitigation for potentially
significant traffic impacts.
b. Install traffic signal at Panama Road and Gosford Road. Mitigation for potentially
significant traffic impacts.
c. Construct north bound left turn lane pocket at Project Entrance and Gosford Road.
Mitigation for potentially significant traffic impacts.
d. Install street improvements along Gosford Road and McKee Road to the satisfaction of
the County of Kern. Mitigation for potentially significant traffic impacts.
8. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee
in the amount of 35~ per square foot for commercial/industrial use or the fees in effect at the
time of building permit approval. If prior to issuance of a building permit said fee is merged into
the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied
the intent of this condition. This fee is imposed per City Council approved action plan to
pursue funds needed to complete construction of major transportation facilities to serve growth
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EXHIBIT A
GPAlZC No. 07-1365
Mitigation/Conditions of Approval
and development within Metropolitan Bakersfield. Mitigation for potentially significant traffic
impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Mitiaation Measures:
9. 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 Gosford Road to arterial standards and McKee
Road to collector standards for the full frontage of the area within the GPAlZC request.
Including that portion of Gosford Road and McKee Road frontage along Kern County
Assessor's parcel numbered 543-010-01, at the southeast corner of the GPAlZC area.
Dedications shall include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a current title report
with the dedication documents. If a tentative subdivision map over the entire GPAlZC
area is submitted, dedication can be provided with the map. For orderly development.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 sump may be utilized to serve this area; this sump should
be located on the periphery of the GPAlZC area so that it may be available to serve
adjacent areas as they develop, If only one sump is utilized to serve this 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. Study is to include the
Kern County Assessor's parcel numbered 543-010-01, at the southeast corner of the
GPAlZC area. 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 sewer
line must necessarily be sized to serve a much larger area that the project area.
Provide a sewer study for the GPAlZC area that is in compliance with the Sewer
Treatment Plant 3 Study. 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. 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.
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"1>~.}(~
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EXHIBIT A
GPAlZC No. 07-1365
Mitigation/Conditions of Approval
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, Gosford Road including the frontage of Kern
County Assessor's parcel numbered 543-010-01 at the southeast corner of the GPAlZC area,
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. 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.
13. The developer is to construct full half width street improvements, to city standards, along that
portion of Gosford Road and McKee Road frontage of the Kern County Assessor's parcel
numbered 543-010-01 at the southeast corner of the GPAlZC area, with the frontage
construction within the GPAlZC area. For orderly developrnent.
14. The McCutchen Road and Taft Hwy crossing of the Stine Canal need widening. 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.
15. The Taft Highway and McKee Road at grade crossing of the Sunset Railroad need widening.
Developer shall pay their proportionate share of the cost. For orderly development.
16. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee
in the amount of 35lt per square foot for commercial/industrial use or the fees in effect at the
time of building permit approval. If prior to issuance of a building permit said fee is merged into
the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied
the intent of this condition. This fee is imposed per City Council approved action plan to
pursue funds needed to complete construction of major transportation facilities to serve growth
and development within Metropolitan Bakersfield. For orderly development.
17. Local Mitigation: No local mitigation measures were identified beyond normal frontage
improvements. For orderly development.
City Attornev
18. 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 applicatio~Mf-9
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EXHIBIT A
GPAlZC No. 07-1365
Mitigation/Conditions of Approval
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.
a. 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.
b. 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.
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Exhibit B
General Plan Amendment Map
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