HomeMy WebLinkAboutRES NO 016-11RESOLUTION NO. 016- 11
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 10-0479, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
ALONG THE NORTH SIDE OF KERN CANYON ROAD (STATE
HIGHWAY 184) APPROXIMATELY 2,000 FEET SOUTHWEST OF THE
INTERSECTION OF KERN CANYON ROAD AND STATE HIGHWAY
178.
WHEREAS, Hendricks Engineering, for Mesa Morin LLC, the property owners, filed an
application requesting a General Plan Amendment to change the land use designation of
that certain property located within 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 Thursday,
December 16, 2010, on General Plan Amendment No. 10-0479, notice of the time and place
of said hearing having been given at least thirty (30) calendar days before said December
16, 2010 hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, General Plan Amendment No. 10-0479, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 10-0479:
Hendricks Engineering for Mesa Morin LLC, applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change
from LR (Low Density Residential) to HMR (High Medium Density Residential) on
19.45 acres. The project site is located along the north side of Kern Canyon
Road (State Highway 184), approximately 2,000 feet southwest of the
intersection of Kern Canyon Road and State Highway 178; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 10-0479
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. 49-10 on December 16, 2010, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 10-0479 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 City 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, February 2, 2011, on General Plan Amendment No. 10-0479 notice of time
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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 City Council has considered and hereby makes the following findings:
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. 49-10 adopted on
December 16, 2010:
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 LR (Low Density Residential) to
HMR (High Medium Density Residential) on 19.45 acres is compatible with
the land use designations 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 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:
The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for the General Plan Amendment No. 10-0479 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
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Commission to the City Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No.
10-0479, constituting changes as shown on the map marked Exhibit "B",
attached hereto and incorporated as though fully set forth, for property
located along the north side of Kern Canyon Road (State Highway 184),
approximately 2,000 feet southwest of the intersection of Kern Canyon Road
and State Highway 178, subject to mitigation/conditions of approval found in
attached Exhibit "A".
5. That General Plan Amendment No. 10-0479, approved herein, be combined
with other approved General Plan Amendment cases in this some cycle
described in separate resolutions, to form a single Amendment to the
Metropolitan Bakersfield General Plan Land Use Element.
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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
FFB~ by the following vote:
AYES COUNCILMEMBER: SALAS, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, 5~A%Dfl .
COUNCILMEMBER: mxo .
ABSTAIN: COUNCILMEMBER: ►/AcIr-I4
ABSENT: COUNCILMEMBER: a'1
ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB 1 6 2011
HARVEY L. HALL
MAYOR of the City of Bakersf Id
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: Q/t-D
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
DL\\S:\GPAs\GPA 4th 2010\10-0479\ResOrd\CC Res 10-0479.doc
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EXHIBIT A
MITIGATION/CONDITIONS OF APPROVAL
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Exhibit A
Mitigation Measures & Conditions of Approval
General Plan Amendment/Zone Change No. 10-0479
Air Quality
1. The proposed project will have air pollutant emissions associated with the
construction and use of the project site. Prior to grading plan approval, the
applicant/developer of the project site shall submit documentation to the
Planning Department that they will/have met all air quality control measures
required by the San Joaquin Valley Air Pollution Control District. Mitigation for
potentially significant air quality impact.
PMio Mitigation Measures
2. 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 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 of three-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 b
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 a one-hour period).
Mitigation for potentially significant air quality impact.
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
Measures to Reduce Equipment Exhaust
3. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities. These measures are 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 of high-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 aqueous diesel fuel if
permitted under manufacturer's guidelines.
• 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.
• Use of pre-chamber diesel engines or equivalent shall be utilized if economic
and available to reduce NOX emissions.
• 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).
Mitigation for potentially significant air quality impact.
Other Mitigation Measures
4. The following measures are recommended to further reduce the potential for
long-term emissions from the project. These measures will 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.
ril.
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
• 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;
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).
Mitigation for potentially significant air quality impact.
Biological Resources
5. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for burrowing owls, and comply with the provisions of the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall
be that recommended by the State Department of Fish and Game. Developer
shall be subject to the mitigation measures recommended by the consultant. A
copy of the survey shall be provided to the Planning Department prior to ground
disturbance. Mitigation for potentially significant biological resource impact.
The burrowing owl is a migratory bird species protected by international treaty
under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA
makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory
bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or
products, except as allowed by implementing regulations (50 C.F.R. 21). Sections
3503, 3503.5, and 3800 of the California Department of Fish and Game Code
prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid
violation of the take provisions of these laws generally requires that project-
related disturbance at active nesting territories be reduced or eliminated during
critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance
that causes nest abandonment and/or loss of reproductive effort (e.g., killing or
abandonment of eggs or young) may be considered "taking" and is potentially
punishable by fines and/or imprisonment. Mitigation for potentially significant
biological resource impact.
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
6. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for kit fox, and comply with the provisions of the Metropolitan
Bakersfield Habitat Conservation Plan. Survey protocol shall be that
recommended by the State Department of Fish and Game. Developer shall be
subject to the mitigation measures recommended by the consultant. A copy of
the survey shall be provided to the Planning Department prior to ground
disturbance. Mitigation for potentially significant biological resource impact.
7. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for blunt nose leopard lizard. Survey protocol shall be that
recommended by the State Department of Fish and Game. Developer shall be
subject to the mitigation measures recommended by the consultant. A copy of
the survey shall be provided to the Planning Department prior to ground
disturbance. Mitigation for potentially significant biological resource impact.
The current MBHCP expires in year 2014. Projects may be issued an urban
development permit, grading plan approval, or building permit and pay fees
prior to the 2014 expiration date under the current MBHCP. As determined by
the City of Bakersfield, only projects ready to be issued an urban development
permit, grading plan approval or building permit) before the 2014 expiration
date will be eligible to pay fees under the current MBHCP. Early payment or pre-
payment of MBHCP fees shall not be allowed. The ability of the City to issue
urban development permits is governed by the terms of the MBHCP. Urban
development permits issued after the 2014 expiration date may be subject to a
new or revised Habitat Conservation Plan, if approved, or be required to comply
directly with requests of the U.S. Fish and Wildlife Agency and the California Fish
and Game Department.
Cultural Resources
8. 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 Resource 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.
9. Prior to ground-disturbance activities associated with this project, personnel
associates 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
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
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.
Hazards and Hazardous Materials
10. With submittal of the first subdivision map application or development proposal,
the applicant shall submit a Phase I Environmental Site Assessment (ESA) to the
satisfaction of the City of Bakersfield Fire Department (Prevention Services
Division). Mitigation for orderly development and public health, safety and
welfare.
Noise
11. Along with submittal of any development plans for the Planned Unit
Development application, the applicant shall submit a new acoustical analysis
for the project site. Mitigation for orderly development and public health, safety
and welfare.
a. Along State Highway 184, a minimum six-foot tall sound wall (measured
from the finished grade of the adjacent residential lots) shall be included
on all applicable subdivision maps for the GPA/ZC area and shall be
constructed prior to the recordation of each affected phase or in
accordance with the new/revised acoustical analysis.
Planning
12. Upon approval of this GPA request, the Applicant/property owner (and
successor owners) relinquishes and voids all rights and entitlements to all
previously approved tentative subdivisions (Vesting Tentative Tract Map # 6610).
Mitigation for orderly development.
Public Works
13. Along with the submittal of any development plan, prior to approval of
improvement plans, or with the application for a lot line adjustment or parcel
merger, the following shall occur:
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
a. Provide fully executed dedication for SR 184 to arterial or Caltrans
standards as required, for the full frontage of the area within the GPA
request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents. If
a tentative subdivision map over the entire GPA/ZC area is submitted,
dedication can be provided with the map.
b. This GPA/ZC area is within the Breckenridge Planned Drainage Area
(PDA). All storm drain systems shall be installed per the requirements of
the PDA.
C. 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.
d. In order to preserve the permeability of the sump and to prevent the
introduction of sediments from construction or from storm events, all
retention and detention basins (sumps) shall have a mechanical device in
the storm drain system to remove or minimize the introduction of oil,
grease, trash, and sediments to the sump. This device shall be reviewed
and approved by the City Engineer, and shall provide the greatest benefit
to the storm drain system with the least maintenance cost.
e. Developer is responsible for the construction of all infrastructure, both
public and private, within the boundary of the GPA/ZC area. This includes
the construction of any and all boundary streets to the centerline of the
street, unless otherwise specified. The developer is also responsible for the
construction of any off site infrastructure required to support this
development, as identified in these conditions. The phasing of the
construction all infrastructure will be addressed at the subdivision map
stage.
Mitigation for orderly development.
14. The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidated Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application
for a lot line adjustment for any portion of this GPA area. For orderly
development.
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Payment of the proportionate share of the cost of the median for Kern Canyon
Road 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. Mitigation for orderly development.
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Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
16. The development is required to pay into the adopted Regional Traffic Impact
Fee fixed rate program. Mitigation for potentially significant traffic impacts.
17. A traffic impact analysis dated October 25, 2010 was prepared for the project
site and submitted to the City by Hendricks Engineering. There is a 39 peak trip
increase compared to the previous analysis done for the property (prepared by
Porter-Robertson on June 27, 2005 for GPA/ZC 05-1437) This increase is less than
the 50 peak hour trips that would trigger the need for a traffic study per Section
6.2.1 of the Subdivision Design Manual due to its minimal impact. We
recommend that the development be required to pay into the adopted
Regional Traffic Impact Fee fixed rate program. Mitigation for potentially
significant traffic impacts.
Recreation and Parks
18. The Developer shall pay $600.00 per dwelling unit in addition to the city park
development fee, to assist the City in upgrading the existing sports complex
lighting. Payment to the Recreation and Parks Department shall be prior to
recordation of each phase of the lots within the phase or prior to issuance of a
building permit on any residential unit, whichever comes first. A condition of
approval for GPA/ZC 05-1437.
19. Prior to recordation of a final map, or development of the site, whichever occurs
first, the subdivider/developer shall pay an in-lieu fee based on a park land
dedication requirement of 2.5 acres per 1000 population in accordance with
Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units
increases or decreases upon development or recordation of a final map(s), the
park land requirement may change accordingly. Refer to BMC Chapter 15.80
regarding calculation and payment of in-lieu fee.
In accordance with Government Code Section 66020 (d), you are hereby
notified that the 90-day period in which you may protest the imposition of this fee
has begun.
Mitigation for orderly development.
20. Prior to filing of a final map or development on the site, whichever occurs first,
the subdivider/developer shall construct a six-foot high masonry wall along the
north boundary of the General Plan Amendment area and the future Mesa
Marin Sports Complex. The wall height shall be measured to the highest
adjacent grade. A gated and secured pedestrian access may be allowed
between the HMR designation/R-2 zoning and the future Mesa Marin Sports
Complex. Design of the access to the future Mesa Marin Sports Complex shall be
to the approval of the Recreation and Parks Department and Public Works
Department. Mitigation for orderly development.
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ORIGINAL
Mitigation Measures/Conditions of Approval
GPA/ZC 10-0479
City Attornev
21. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its
officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City,
or not, except for City's sole active negligence or willful misconduct.
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 proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and
the City is not obligated to use any law firm or attorney chosen by another entity
or party.
DL:\\S:\GPAs\GPA 4th 2010\10-0479\Admin SR\Condifions Ex A.doc
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