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
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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.
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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
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Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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Page 3 of 3
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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. 07-1874
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:
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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.
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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.
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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
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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.
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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.
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EXHIBIT B
Location Map
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