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HomeMy WebLinkAboutRES NO 030-08 RESOLUTION NO. o 3 0- 08 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 07-1874, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER OF MC CUTCHEN ROAD AND OLD RIVER ROAD. WHEREAS, Mcintosh & Associates for Michael Antongiovanni. Nancy Turnipseed. and Steven Antongiovanni, filed an 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. 07-1874, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearings by publication in The Bakersfield Californian. a local newspaper of general circulation; and WHEREAS. General Plan Amendment No. 07-1874. an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. is as follows: General Plan Amendment No. 07-1874: Mcintosh & Associates for Michael Antongiovanni. Nancy Turnipseed. and Steven Antongiovanni. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 39.92 acres. The project site is located at the northeast corner of McCutchen Road and Old River Road; and WHEREAS. an Initial Study was conducted for General Plan Amendment No. 07-1874 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. 214-07 on December 20,2007. the Planning Commission recommended approval and adoption of General Plan Amendment No. 07-1874 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, February 13. 2008, on General Plan Amendment No. 07-1874 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 ~M(l'~ J ~ )... ~ I- r- -0 (:) ORIGINAL Planning Commission as set forth in Resolution No. 214-07 adopted on December 20, 2007: 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 R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 39.92 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 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 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. 07-1874 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- 1874, 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 McCutchen Road and Old River Road, subject to mitigation/conditions of approval found in attached Exhibit "A". 5. That General Plan Amendment No. 07-1874, 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. ----000----- Page 2 of 3 ~"'Kc-9 ~ ~ )... ...- I- rn (:) b ORIGINAL ~ ~ ABSTAIN: ABSENT: 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 F'F'R 1 ~ 2008 by the following vote: COUNCILMEMBER CAR~. BEN~M. wEYF(co~. HA~N. 9lJ1..L1VAr~. SCRrv;;ER COUNCILMEMBER VI./JYI....Q COUNCILMEMBER /\'.D'1A...Q COUNCILMEMBER 51. U...f UfI"",- .. PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio CI k of the Council of the City of Bakersfield APPROVED FES 1 3 2008 APPROVED as to form: VIRGINIA GENNARO City Attorney BY:~tn~. Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map MO:dc - S:\GPA 4th 2007\07-1874\ResOrd\CC Res 07-1874.doc Page 3 of 3 ~"'Kc-9 <5- ~ )... ft; I- r= (:) t:;l ORIGINAL EXHIBIT A Mitigation/Conditions of Approval ~ ~"'Kc-9 o ~ )... "'" I- ~ C3 Q ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 07-1874 Cultural Impact Mitiaation Measures 1. 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. 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 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. Aariculturallmpact Mitiaation Measure 3. In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern County Department of Agriculture, the following disclosure is required to be provided as part of the transfer of properties: "If your real property is adjacent to property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to equipment noise, odors from manure and other chemicals, and dust or smoke. It has been determined that in Kern County the use of real property for agricultural operations if such operations are consistent with accepted customs, standards, and laws." Mitigation for potentially significant agricultural resource impacts. Air Quality Impact Mitiaation Measures PM-10 Mitiaation Measures: 4. During construction on the project site, the applicant shall implement the following mitigation measures in order to reduce project emissions. PM-10 will be the most affected criteria pollutant by the proposed mitigation measures. Construction equipment mitigation measures and design feature mitigation measures are also being included to reduce project related impacts: ~M(f/l ~ "'Is> <::> '"'" ;:.... ~ I- ~ o a ORIGINAL Exhibit A GPA/ZC 07-1874 Mitigation/Conditions of Approval Page 2 of 6 Water all unpaved or haul road surfaces as needed. Mitigation for potentially significant air quality impacts. Limit speed on all unpaved roads to 15 mph. Mitigation for potentially significant air quality impacts. Water any exposed ground surfaces as needed. Mitigation for potentially significant air quality impacts. Stabilize all disturbed areas including inactive storage piles on an as needed basis. Mitigation for potentially significant air quality impacts. Maintain at least a 6-inch freeboard space during transport of materials and/or cover and wet to limit dust emissions. Mitigation for potentially significant air quality impacts. Remove mud or dirt accumulations on public roadways immediately when track out exceeds 50 or more feet as well as at the end of the workday. Mitigation for potentially significant air quality impacts. Cease grading activities during periods of high winds where entrainment of dust will exceed the SJV APCD 20% opacity requirements. Mitigation for potentially significant air quality impacts. Construction Equipment Mitioation Measures: Limit idling to no more than 20 minutes at a time. Mitigation for potentially significant air quality impacts. All construction equipment shall be maintained to manufacturers' specifications. Mitigation for potentially significant air quality impacts Where possible electric equipment shall be used in lieu of diesel or gas powered equipment. Mitigation for potentially significant air quality impacts. Encourage employees at the construction sites to carpool to and from work as well as during established lunch hours. Mitigation for potentially significant air quality impacts. In order to reduce project related emissions from mobile sources a number of 'design features' can be incorporated into the project. These 'design features' help to facilitate alternatives to traditional vehicle use, thereby reducing vehicle trips, miles traveled, idling and traffic congestion as well as reducing project related emissions. The following 'design features' will be incorporated into the proposed project to reduce emissions: The applicant shall install street lighting along the project site. Mitigation for potentially significant air quality impacts. ~,.,1t{~A ~ ..~ ~ ~ I:> b ORIGINAL Exhibit A GPA/ZC 07-1874 Mitigation/Conditions of Approval Page 3 of 6 Sidewalk coverage throughout the proposed project. Mitigation for potentially significant air quality impacts. Shade trees shall be installed to allow moderate coverage of walkways and/or bikeways. Mitigation for potentially significant air quality impacts. Pedestrian safety signs shall be provided with signalization, where appropriate. Mitigation for potentially significant air quality impacts. Construction Equipment Mitiaation Measures: 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. Mitigation for potentially significant air quality impacts. 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. 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. With the demolition of buildings or removal of trees, all surfaces shall be wetted during demolition/removal. Mitigation for potentially significant air quality impacts. When materials are transported off-site, 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. Mitigation for potentially significant air quality impacts. 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 of accompanied by sufficient wetting to limit the visible dust emissions) (Use of blower devices is expressly forbidden). Mitigation for potentially significant air quality impacts. 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 utilizing sufficient water or chemical stabilizer/suppressant. Mitigation for potentially significant air quality impacts. Within urban areas, the owner/operator shall prevent carryout and track-out, or immediately remove carryout and track-out when it extends 50 feet or more from the nearest unpaved surface exit point of the site. Mitigation for potentially significant air quality impacts. , ~p..Kc-9 0- ~ >- - f--- m _ r- o C:J ORIGINAL Exhibit A GPA/ZC 07-1874 Mitigation/Conditions of Approval Page 4 of 6 Any construction site with 150 or more vehicle trips per day shall prevent carryout and track-out. Mitigation for potentially significant air quality impacts. Enhanced and Additional Control Measures for Construction Emissions of PM-10. (From Table 6-3): The following measures shall be implemented at construction site to mitigate significant PM-1 0 impacts: Limit traffic speeds on unpaved roads to 15 mph. Mitigation for potentially significant air quality impacts. Install sandbags or other erosion control measures to prevent silt runoff to public roadways from sites with a slope greater than one percent. Mitigation for potentially significant air quality impacts Track out will be prevented by one of the following: o A Grizzly with rails, pipes or grates to dislodge debris off of existing vehicles, o A layer of washed gravel at one inch or larger in diameter, three inches deep, o Extension of paved road at least 100 feet from publicly maintained road, or o Installation of a wheel washer. Mitigation for potentially significant air quality impacts. Install wind breaks at windward side(s) of construction areas. Mitigation for potentially significant air quality impacts. Suspend excavation and grading activity when winds exceed 20 mph (Regardless of wind speed, an owner/operator must comply with Regulation VIII's 20 percent opacity limitation). Mitigation for potentially significant air quality impacts. Limit area subject to excavation, grading, and other construction activity at anyone time. Mitigation for potentially significant air quality impacts. City Attorney's Condition 5. 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 ,.~"'k~,l\ () '<" c\jI .:>.. "'i\ I- ffi - F <..J (:;j ORIGINAL Exhibit A GPA/ZC 07-1874 Mitigation/Conditions of Approval Page 5 of 6 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. Public Works Department Conditions 6. 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 McCutchen and Old River Roads to arterial standards for the full frontage of the area within the entire GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Dedication shall also include sufficient width for trails in accordance with the approved Parks and Trails Plan for this area. Submit a current title report with the dedication documents. b. This GPA/ZC 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. Any required retention site and necessary easements shall be dedicated to the City. c. Sewer service must be provided to the GPA/ZC area. Submit a comprehensive sewer study to be reviewed and approved by the City Engineer. The study shall be in conformance with the Plant 3 Master Study. 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 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. 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. For orderly development. ~ ~Mc-9 o ~ ;:.... - I- rn _ r- (.) D ORIGINAL Exhibit A GPA/ZC 07-1874 Mitigation/Conditions of Approval Page 6 of 6 7. Prior to issuance of a of a building permit, the developer shall pay a major transportation facility fee in the amount of $2487 for residential dwelling unit. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee wiff be deemed to have satisfied the intent of this condition. This fee is a component of the 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. 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 development. 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. Traffic Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee or included with normal development improvements) as indicated in Table 6 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. White Ln & Old River Rd., Add 1 EBL, 1 WBR, 1 WBL, 1.04% share b. Panama Ln & Old River Rd., Expand to 1 EBL, 3 EBT, 1 EBR, 1 WBL, 3 WBT, 1 WBR, 2 NBL, 2 NBT, 1 NBR, 1 SBL, 2 SBT, 1 SBR, 1.46% share (100% share of adding NO.2 NBL) c. Panama Ln & Gosford Rd., Expand to standard expanded intersection plus Add 1 EBT, 1 WBR, 1 NBR, 0.64% share Mitigation for potentially significant traffic impacts. 11. Regional 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. ,. ~~)(~~ c)- .~ )... - I- rn _ r- <..) CJ ORIGINAL EXHIBIT B Location Map ~. ~A.f($'~ 0' ~ i:: .~ - r- o t;J ORIGINAL oq- f'... co ~ I f'... o t- Z W ~ Cl Z W ~ <( Z <( -I a.. -I ~ W Z W " , !l --.- iii ::J ::J s s I~ L-d__ OH~a^,~UnQ _ a: -' -.-.-l;Ifl~~ a: -' a: -' a: -' _mnm~ s a. Z ~~ --=:;,{ ~ - ---::=0H:Ill:l03Sml:.=.:_~. !i :J: a: ::IE -' s a: -' a: -' ;f r I I I ri a: -' -<(-.---.----. --.[t.---.c-----------------.. ..--- <( 1: s a: _..._ -' ::0 0: w 0: if ~ ~. 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