HomeMy WebLinkAboutRES NO 029-08
RESOLUTION NO. 0 2 9 - 0 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1848, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED AT THE NORTHEAST CORNER OF BRIMHALL ROAD
AND RUDD AVENUE.
WHEREAS, SmithTech/USA, INC. for Alfred Palla Jr. and Donald Ralph Palla, filed a
application requesting a General Plan Amendment, an amendment to the land use designation of
that certain property being annexed to 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, December
17,2007, and on Thursday, December 20,2007, on general plan amendment No. 07-1848, notice
of the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in The Bakersfie/d Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 07-1848, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1848:
SmithTech/USA, INC. for Alfred Palla Jr. and Donald Ralph Palla, applied to amend the
Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from
UER (Urban Estate Residential), to SR (Suburban Residential) on 80 acres. The project site
is located at the northeast corner of Brimhall Road and Rudd Avenue; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1848 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. 212-07 on December 20, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1848 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 28, 2007, on General Plan Amendment No. 07-1848 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. 212-07 adopted on December
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 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 UER (Urban Estate Residential), to
SR (Suburban Residential) on 80 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 CEOA, the State CEOA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures have been
duly followed by city staff and the Planning Commission.
3. That the infrastructure exists or can easily be provided to accommodate the type of
development.
NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission of the City
of Bakersfield as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for the General Plan Amendment No. 07-1848 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-
1848, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property located at the
northeast corner of Brimhall Road and Rudd Avenue, subject to mitigation/conditions
of approval found in attached Exhibit "A".
5. That General Plan Amendment No. 07-1848, 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 FES 1 32008 by the
following vote:
~. COUNCILMEMBER ~~, 13~J Wt..ir,CoLA.C-h.. /-ta;nSC't\...,5u-iul'LQ..)..,
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ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER ~ 1 0 o~ U~
PAMELA A. McCARTHY, eM
CITY CLERK and Ex Officio CI rk of the
Council of the City of Bakersfield
APPROVED FES 1 3 2008
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-1
Mitigation/Conditions of Approval
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EXHIBIT A-1
Mitigation/Conditions of Approval
General Plan AmendmentlZone Change No. 07-1848
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality Mitigation Measures:
Mitigation Measures for Construction Equipment and Fugitive Dust Emissions:
1 . The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. Prior to grading plan approval, the applicanVdeveloper of the
project site shall submit documentation to the Planning Department that they willlhave met all
air quality control measures required by the San Joaquin Valley Air Pollution Control District.
The applicant and/or the developer of the project site shall prepare and submit to the San
Joaquin Valley Unified Air Pollution Control District and the City of Bakersfield a dust control
plan that contains at minimum the following:
a) All disturbed areas, including storage piles, which are not being actively utilized for
construction purposes, shall be effectively stabilized from dust emissions by using water,
chemical stabilizer/suppressant, or vegetative ground cover. (Mitigation for Potentially
Significant Air Quality Impacts)
b) All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of
dust emissions using water or chemical stabilizer/suppressant. (Mitigation for Potentially
Significant Air Quality Impacts)
c) 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. (Mitigation for Potentially Significant Air Quality
Impacts)
d) When materials are transported offsite, all materi~.1 shall be covered, effectively wetted to
limit visible dust emissions, or at least six inches of freeboard space from the top of the
container shall be maintained. (Mitigation for Potentially Significant Air Quality Impacts)
e) All operations shall limit or expeditiously remove the accumulation of mud or dirt from
adjacent public streets at least once every 24 hours when operations are occurring. (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). (Mitigation for Potentially Significant Air Quality Impacts)
f) Following the addition of materials to, or the removal of materials from, the surface of
outdoor storage pile, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizer/suppressant. (Mitigation for Potentially
Significant Air Quality Impacts)
g) Limit traffic speeds on unpaved roads to 15 mph and install silt fencing or other erosion
control measures per Best Management Practices as stated in the project Storm Water.. ~,'K~i">
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EXHIBIT A-1
GPA/ZC No. 07-1848
Mitigation/Conditions of Approval
Pollution Prevention Plan to prevent silt runoff to public roadways from sites with a slope
greater than one percent. (Mitigation for Potentially Significant Air Quality Impacts)
h) Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the
site. (Mitigation for Potentially Significant Air Quality Impacts)
i) Make maximum use of diesel equipment equipped with catalytic converters and particulate
traps. (Mitigation for Potentially Significant Air Quality Impacts)
j) Equipment or construction vehicles not in use for more than ten minutes should be turned
off. (Mitigation for Potentially Significant Air Quality Impacts)
k) Water sprays or chemical suppressants must be applied to all unpaved roads to control
fugitive emissions. (Mitigation for Potentially Significant Air Quality Impacts)
1) All access roads and parking areas must be covered with asphalt-concrete paving.
(Mitigation for Potentially Significant Air Quality Impacts)
Cultural Impact Mitieation Measures:
2. 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 Kem 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 resources)
3. 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
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
resources)
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EXHIBIT A-1
GPAJZC No. 07-1848
Mitigation/Conditions of Approval
Trame Impact Mitieation Measures:
4. 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)
5. 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 as Table 7 on the project traffic study requirements letter (Ruettgers &
Schuler, Civil Engineers, June 2007). (Mitigation for potentially significant traffic impacts)
6. Prior to issuance of a of a building permit, the developer shall pay a major transportation facility
fee in the amount of $2,487 per dwelling unit or the fee 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
(Transportation Impact Fee) 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. (Mitigation for potentially significant
traffic impacts)
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Mitiaation Measures:
7. 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 Brimhall Road to arterial Standards, Palm
Avenue to collector standards and the West Beltway (Rudd Avenue) to Freeway
standards for the full frontage of the area within the GPA request. Dedications
shall include sufficient widths for expanded iotersections 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.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than one sump may be utilized to serve this area; the sump
should be located so that they may be available to serve adjacent areas as they
develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so
located. The study shall be approved and any required retention site and
necessary easements dedicated to the City.
c. Sewer service must be provided to the GPA/ZC area. The developer shall be
responsible for the initial extension of the sewer line to serve the property. This
sewer line must necessarily be sized to serve a much larger area that the project
area. The City is willing to aid the developer in the formation of a Planned Sewer
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EXHIBIT A-1
GPAlZC No. 07-1848
Mitigation/Conditions of Approval
Area and/or an Assessment District to provide a mechanism for the reimbursement
of oversizing costs to the developer.
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. The project applicant shall provide the City of Bakersfield with a phasing plan of the
onsite and required offsite roadway improvements to be reviewed and approved by
the City Engineer.
f. 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.
g. Developer shall install or fund two lanes of the West Beltway to arterial standards
within the zc/gpa area at no more than 50% build out of the project or within one
year of completion of final design of the West Beltway by the City of Bakersfield,
whichever comes first. For orderly development
8. 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 developmen.t
"
9. 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
10. Access to the project area from Brimhall Road 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. For orderly development
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EXHIBIT A-1
GPAlZC No. 07-1848
Mitigation/Conditions of Approval
11. Local Mitigation
Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in Table 7 of the traffic study. An updated estimate, based
upon current costs, and fee schedule shall 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:
a. Allen Rd & Rosedale Hwy (SR 58), Add 1 SBL, 0.99% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane. (Mitigation for
potentially significant traffic impacts.)
Reaional Transportation Impact Fee
Prior to the issuance of building permits, the project applicant shall participate in the
RTIF program by paying the adopted residential unit fee in place at time of
development. (Mitigation for potentially significant traffic impacts)
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EXHIBIT A-2
General Plan Amendment Map
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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 uniUnet 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
80 acre min (Williamson Act)
GC 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.
Locals are exclusively for property access and through traffic is discouraged.
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