HomeMy WebLinkAboutRES NO 121-08RESOLUTION NO. 1 2 1 '" ~ 8
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 07-1541, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM OC
(OFFICE COMMERCIAL) TO GC (GENERAL COMMERCIAL) ON 7.69
ACRES, GENERALLY LOCATED SOUTHEAST OF MOUNT VERNON
AVENUE AND STATE ROUTE 178.
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, June 16, 2008,
and on Thursday, June 19, 2008, on General Plan Amendment No. 07-1541, notice of the time and
place of heating 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. 07-1541, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1541:
KSA Group Architects, for Protestant Episcopal Bishop of San Joaquin, applied to amend the
Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from OC
(Office Commercial) to GC (General Commercial) on 7.69 acres located southeast of Mount
Vernon Avenue and State Route 178; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1541 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, Negative Declaration was prepared in accordance with the California Environmental Quality
Act (CEQA); and
WHEREAS, by Resolution No. 92-08 on June 19, 2008, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1541 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, JULY 30,
2008, on General Plan Amendment No. 07-1541, 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 recital 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. 92-08, adopted on June 19, 2008:
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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 OC (Office Commercial) to GC (General
Commercial) on 7.69 acres is compatible with the land use designation of
surrounding properties and is internally consistent with the Metropolitan
Bakersfield General Plan.
The laws and regulations relating to the preparation and adoption of Negative
Declarations as set fort in CEQA, the State EQA 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:
The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 07-1541 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. 07-1541,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located southeast of Mount
Vernon Avenue and State Route 178, subject to the "Mitigation/Conditions of Approval"
listed in Exhibit "A".
5. That General Plan Amendment No. 07-1541, 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_ .lUt 3 0 1008
by the following vote:
AYE COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HAN`SON, SULLI AN SCRI ENV R
NOES: COUNCILMEMBER (/I.~YLlZ
ABSTAIN: COUNCILMEMBER - W-~
ABSENT: COUNCILMEMBER Vl~_
PAMELA A. McCARTHY, C
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
APPROVED JUL 3 0 2008
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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Mitigation/Conditions of Approval
General Plan Amendment/Zone Change 07-1541
Air Quality
The applicant/developer of the project site shall submit documentation to the Planning Department
prior to site plan review approval that they will/have met the following air quality mitigation measures.
The following measures have either been applied to the project through the latest URBEMIS Model
or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District
(SJVAPCD) rules. Mitigation for potentially significant air quality impacts
To ensure that project emissions are minimized, the applicant will implement and comply with a
number of mitigation measures. Some of the listed mitigation measures are also regulatory
requirements or construction requirements that result in emission reductions through their inclusion
in project construction and long-term design. The following measures either have been applied to
the project through the URBEMIS model and will be incorporated into the project by design orwill be
implemented in conjunction with SJVAPCD rules:
Planned PM~o Mitigation Measures
As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control
measures will be taken to ensure compliance specifically during grading and construction phases.
The mitigation measures to be taken are as follows:
• Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the
site or approaches 20% opacity.
• Water all unpaved haul roads a minimum ofthree-times/day or whenever visible dust from such
roads is capable of drifting from the site or approaches 20% opacity.
• Reduce speed on unpaved roads to less than 15 miles per hour.
• Install and maintain a track out control device that meets the specifications of SJVAPCD Rule
8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by
vehicles with three or more axles.
• Stabilize all disturbed areas, including storage piles, which are not being actively utilized for
production purposes using water, chemical stabilizers or by covering with a tarp or other suitable
cover.
• Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling,
grading, or cut and fill operations with application of water or by presoaking.
• When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or
effectively wet to limit visible dust emissions.
• Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end
of each workday. (Use of dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly
forbidden).
• Stabilize the surface of storage piles following the addition or removal of materials using water or
chemical stabilizer/suppressants.
• Remove visible track-out from the site at the end of each workday.
• Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation
during periods of high winds (greater than 20 mph over aone-hour period).
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Exhibit A
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 2 of 6
Measures to Reduce Eauipment Exhaust
The GAMAQI guidance document lists the following measures as approved and recommended for
construction activities. These measures should be required to ensure that the proposed project
emissions are not exceeded:
• Maintain all construction equipment as recommended by manufacturer manuals.
• Shut down equipment when not in use for extended periods.
• Construction equipment shall operate no longer than eight (8) cumulative hours per day.
• Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered
equipment.
• Curtail use ofhigh-emitting construction equipment during periods of high or excessive ambient
pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD.
• All construction vehicles shall be equipped with proper emissions control equipment and kept in
good and proper running order to substantially reduce NOX emissions.
• On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under
manufacturer's guidelines.
• On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if
permitted under manufacturer's guidelines.
• All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to
remain on-site during lunch breaks.
• All construction activities within the project area shall be discontinued during the first stage smog
alerts.
• Construction and grading activities shall not be allowed during first stage ozone alerts. First
stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average).
Other Mitigation Measures
The following mitigation measures are recommended to further reduce the potential for long-
term emissions from the project. These measures will be required to ensure that the proposed
project emissions are not exceeded:
• The project design shall comply with standards set forth in Title 24 of the Uniform Building Code
to minimize total consumption of energy.
• Applicants shall be required to comply with applicable mitigation measures in the Air Quality
Attainment Plan, District Rules, Traffic Control Measures, Regulation VIII and Indirect Source
Rules for the SJVAPCD.
• The developer shall comply with the provisions of SJVAPCD Rule 4601 -Architectural Coatings,
during the construction of all buildings and facilities. Application of architectural coatings shall
be completed in a manner that poses the least emissions impacts whenever such application is
deemed proficient.
• The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the construction
and pavement of all roads and parking areas within the project area. Specifically, the applicant
shall not allow the use of:
o Rapid cure cutback asphalt;
o Medium cure cutback asphalt;
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Exhibit A
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 3 of 6
o Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or
Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4).
o The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect
Source Review).
Biological Resource Mitigation Measures
2. Although no evidence of the kit fox was found on the project site, since they are known to exist in the
general area all construction personnel be trained insensitive species identification and avoidance
techniques and be instructed to be on the lookout for kit fox sign during earth disturbance phases of
construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies
for resolution. Mitigation for potentially significant biological resource impacts.
3. A preconstruction clearance survey be conducted within 30 days of initial ground disturbance in
accordance with the provisions of the MBHCP. Any identified kit fox dens shall be monitored,
excavated, and backfilled in accordance with the recommendations of the MBHCP, CDFG, and
USFWS. Mitigation for potentially significant biological resource impacts.
Cultural Resources (Mitigation Measures)
4. 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 paleontological resource impacts.
6. 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 impacts.
7. 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 impacts.
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Exhibit A
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 4 of 6
Traffic and Circulation (Mitiaation Measures)
8. 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.
9. 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 Table 8 of the project Traffic Study (McIntosh and Associates, April
2008). Mitigation for potentially significant traffic impacts.
Public Works
10. 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. 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. 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.
b. Sewer service must be provided to the GPA/ZC area. 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. Contact Kern
Sanitation Authority and get awill-serve letter from KSA. Perform any work KSA may
require.
c. 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.
d. 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
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Exhibit A
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 5 of 6
12. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the
amount of $0.35 per square foot for commercial. 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 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
13. 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
14. Local Mitiaation
The internal intersection of Mall View Rd and Fashion PI shall be re-striped to provide operational
improvements based upon a design approved by the City Engineer. Current striping and marking
currently causes driver confusion.
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
Tables 6 and 8 of the traffic study. An estimate and fee schedule (breaking out fees for the various
uses in both this GPA and the other additions) 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:
I. Columbus St ~ Mt Vernon Ave, Add 1 WBL, 1 NBL, 0.54% share
II. Auburn St & Oswell St, Add 1 NBL, 0.74% share
III. Mt Vernon Ave & Fwy 178, Westbound On/Off Ramp, Add 1 WBR, 0.71 % share
IV. Mt Vernon Ave, Columbus St to Fwy 178, Widen to 6 lanes, 3.10% 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
Regional Transportation Impact Fee
Pay the standard commercial fees, computed per policy, as adopted at time of development. For
potentially significant traffic impacts.
Planning:
16. Prior to recordation of a final subdivision for commercial purposes of issuance of a building permit
for commercial uses, whichever comes first, the developer shall install a 6' sidewalk and appropriate
handicapped ramps at driveway cuts along Mall View Road from the western drive access shared by
St. John's Church/Home Depot and Fashion Place to the projects east line. All road extensions into
the project shall also include sidewalks. The design and location of these improvements shall be
approved by the Planning Director and Public Works Director prior to future approvals for the site.
For orderly development.
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Exhibit A
GPA/ZC 07-1541
Mitigation/Conditions of Approval
Page 6 of 6
Reciprocal Parking and Access Agreement
17. The applicant shall record a reciprocal access agreement with the adjacent commercial property to
the east of the GPA/ZC site, prior to any future approvals. Proof of said agreement shall be
provided to the City Attorney's office and Planning Department. For orderly development.
City Attorney Condition
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 orjudicial 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 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.
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Exhibit B
General Plan Amendment Map
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