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HomeMy WebLinkAboutRES NO 268-07 RESOLUTION NO. 2 6 8 - 0 7 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-2053, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM ER (ESTATE RESIDENTIAL) TO GC (GENERAL COMMERCIAL) ON 4.59 ACRES, GENERALLY LOCATED ON THE NORTHWEST CORNER OF ALFRED HARRELL HWY AND STATE ROUTE 178. WHEREAS, East West Developers, for Malladi S. Reddy, filed an application requesting a General Plan Amendment, change of zoning of that certain property in 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 17, 2007, and on Thursday, September 20, 2007, on General Plan Amendment No. 06-2053, 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. 06-2053, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-2053: East West Developers, for Malladi S. Reddy applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from ER (Estate Residential) to GC (General Commercial) on 4.59 acres, generally located on the northwest comer of Alfred Harrell Hwy and State Route 178; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-2053 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. 148-07 on September 20, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-2053 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 brth 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 28, 2007, on General Plan Amendment No. 06-2053, 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. 148-07, adopted on September 20,2007: 'X> M t-'-5> J . ~ >- Fii r- r- / c::, v ORIGINAL 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 ofthe Metropolitan Bakersfield General Plan. e. The land use designation change from ER (Estate Residential) to GC (General Commercial) on 4.59 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. f. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CECA, the State 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. 06-2053 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. 06-2053, 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 northwest corner of Alfred Harrell Hwy and State Route 178, subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. That General Plan Amendment No. 06-2053, 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. ---------()() ()....---- 2 'X>Mi;-'.6 ~ "tP o "" >- fi l- r- Q c::: ORIGINAl I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on November 28, 2007 by the following vote: v// // ,// / v/ COUNCILMEMBER CARSON BENHAM. WEIR. Q9~811. HANSON. SULLIVAN. SCRIVNER C!f;J NOES: COUNCILMEMBER ~ COUNCILMEMBER ~~ COUNCILMEMBER ~k- ABSTAIN: ABSENT: PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED APPROVED as to form: VIRGINIA GENNARO City Attorney By. j21JtdJ 7YJ< ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map CG - S:\GPA 3rd 2007\06-2053\Resolutions\CC GPA Resolution 06-2053.doc 3 'X> M t-'-5> J ~ >- Fii \;: r; v ORIGINAL Exhibit A Mitigation/Conditions of Approval 'X>Mi:-,y J 0", >- r l- r Q c:-. ORIGINAl EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 06-2053 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. The following measures mitigate the emissions associated with the construction and occupancy of the project. 1. Mitigation Measures for Construction Equipment Exhaust a. Prior to grading plan approval, the applicant/developer of the project site shall demonstrate to the City of Bakersfield Planning Department and the SJVUAPCD that all construction activities and operations will meet, or have met all air quality control measures required by the SJVUAPCD. b. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. c. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. d. Encourage ride sharing and use of transit transportation for construction employees commuting to the project sites. e. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Mitigation for potentially significant air quality impacts. 2. The Mitigation Measures for Fugitive Dust Emissions a. The applicant and/or the developer of the project site prepare and submit to the San Joaquin Valley Unified Air Pollution Control District and the City of Bakersfield, prior to grading plan approval construction a dust control plan that contains at minimum the following: b. All disturbed areas, including storage piles, which are not being actively used 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. c. All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. d. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. e. When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. f. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. g. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions using sufficient water or chemical stabilizer/suppressant. 'X>Mt;:. ~ 190-' o '('I Page 1 of 5 >- Fii l- r- a t) ORIGINAt EXHIBIT A-1 GPAlZC No. 06-2053 Mitigation/Conditions of Approval Mitigation for potentially significant air quality impacts BioloaicallmDact Mitiaation Measures 3. 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. Upon completion, a copy of the BNLL survey shall be submitted to the Planning Director. Mitigation for potentially significant impacts to biological resources 4. Because the site is entirely within the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) boundaries, any loss of habitat, or "incidental take" of a sensitive species, other than Gambelia sila, blunt-nosed leopard lizard (BNLL), Athene cunicularia, burrowing owl, or Buena Vista Lake shrew, would be covered under previously established mitigation. The applicant shall adhere to all requirements of MBHCP. Mitigation for potentially significant impacts to biological resources 5. A preconstruction clearance survey shall be conducted within 30 days of initial ground disturbance in accordance with the provisions of the MBHCP. Any potential, inactive, or active kit fox dens or burrowing owl sites identified as unavoidable, be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, and all guidelines, protocols, and other provisions of the CDFG, the USFWS, the Migratory Bird Treaty Act, Endangered Species Act, and California Endangered Species Act. Upon completion, a copy of the clearance survey shall be submitted to the Planning Director. Mitigation for potentially significant impacts to biological resources 6. A "tailgate" session for all construction personnel shall be conducted by a qualified biologist, prior to initial ground disturbance, relative to all environmental federal, state and local law. All construction personnel shall be trained in sensitive species identification and avoidance techniques and be instructed to be on the lookout for sensitive species during earth disturbance phases of construction. Any evidence, such as dens, burrows, or potential raptor nests, observed at any time during construction, shall be promptly reported to the reviewing agencies for resolution. Documentation of the training session shall be submitted to the Planning Director within five days of the date of the training session. Mitigation for potentially significant impacts to biological resources 7. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. All structures not capped or otherwise covered, shall be inspected prior to burial or closure no kit fox, or other protected species become entrapped. Mitigation for potentially significant impacts to biologica/ resources Cultural Resource Mitiaation Measures 8. 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 cultural resource impacts 9. 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~M~ ~ 10' o '(, Page 2 of 5 >- ~ l;:: r- v D ORlr.INl>I EXHIBIT A-1 GPAlZC No. 06-2053 Mitigation/Conditions of Approval 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 10. 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 (i.e. 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 applicant/developer 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 resource impacts Traffic Impact Mitigation Measures 11. Prior to the issuance of any building permit within the GPA/ZC 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 12. 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 the project traffic study (Crenshaw Traffic Engineering, December 2006): a. Install traffic signals at SR 184 (Masterson Road) and SR 178 b. Install street improvements per City of Bakersfield and Caltrans requirements on SR 178 and Alfred Harrell Hwy adjacent to development. c. Install one 12 feet wide minimum lane each direction on SR 178 from Canteria Drive to Miramonte Drive. Mitigation for potentially significant traffic impacts ADDITIONAL CONDITIONS OF APPROVAL: Public Works 13. 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 Alfred Harrell Highway to expressway standards and an additional auxiliary lane for the frontage of the GPA area. Provide fully executed dedication for State Route 178 to arterial standards and an additional auxiliary lane for the frontage of the GPA 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 GPA/ZC area is submitted, dedication can be provided with the map. 'X>Mt ~ 1-0 o '" >- ;; Page 3 of 5 l;:, r v t:: ORIGINAl EXHIBIT A-1 GP A1ZC No. 06-2053 Mitigation/Conditions of Approval b. This site drains to the Kern River. Any storm drain system shall have BMP's in place for drainage. Approvals shall be obtained from the State Water Resources Control Board. The 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 GPA/ZC area must be included within the drainage area of adjoining property. Submit a comprehensive drainage study of the entire drainage area, to be reviewed and approved by the City Engineer. The study shall show the development's proportionate share of the necessary ultimate storm drainage facilities. The developer shall participate in the development of a Planned Drainage Area, or shall provide some other method for the construction of the ultimate facilities satisfactory to the City Engineer. Any required retention site and necessary easements shall be dedicated to the City. c. 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. 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. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development 14. 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 15. Prior to issuance of a building permit, the developer shall pay a major transportation facility fee in the amount of 35i 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 16. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. For orderly development 17. The proposed site is extremely small located on two access restricted facilities and access to the site must be limited. Unless specifically approved by Caltrans no access is allowed to Highway 178. Alfred Harrel Highway access is owned in fee by the City. Any access must be purchased. We recommend only one access be allowed to Alfred Harrel Highway, centered no closer than 'QMf ~ 1'0 o '" >- n Page 4 of 5 l;: r- (.) t:::. ORIGINAl EXHIBIT A-1 GPAlZC No. 06-2053 Mitigation/Conditions of Approval 200 feet from the end of curb return at Highway 178. The expanded intersection right turn lane shall be lengthened to provide a minimum of 100 feet of storage upstream of the proposed access. Left turns are not permitted in or out. For orderly development 18. Regional Transportation Impact Fee - Pay the standard commercial fees, computed in accordance with policy, as adopted at time of development. Mitigation for potentially significant traffic impacts Plannina 19. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for a Class II bike lane at the south end of the project site along Hwy 178 and the right of way for a Class II bike lane at the east end of the project site along Alfred Harrell Hwy. For orderly development 20. Prior to issuance of Building Permits, the developer shall submit a site plan for review and approval by the City Council. Condition added by the City Council at the public hearing. City Attornev 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 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. Page 5 of 5 ~. <oMi:-,y 0" 0' --r >- - l- n _ r- v D ORIGINAl