HomeMy WebLinkAboutRES NO 019-12RESOLUTION NO. 019-12
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 11-0383, AN AMENDMENTTO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED ON THE NORTH EAST CORN ER OF PANAMA LANE AND
OLD RIVER ROAD.
WHEREAS, TPG Consulting filed an application requesting a General Plan
Amendment, to change the land use designations of certain property in 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 15, 2011, on General Plan Amendment No. 11 -0383, notice of the time and place
of hearing 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. 11 -0383, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 11-0383:
TPG Consulting applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from LR (Low Density Residential) to
GC (General Commercial) on approximately 20.47 acres, generally located on the
northeast corner of Panama Lane and Old River Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 11 -0383
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. 24-11 on December 15, 2011, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 11 -0383 subject to
the "Mitigation Measures & 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 accordancewith the provisions of
Section 65355 of the Government Code,//Conducted and held a public hearing on
Wednesday, February 15, 2012, on Gener Plan Amendment No. 11-0383, notice of time
and place of the hearing having b given at least ten (10) calendar days before the
hearing by publication in The B ersfield Californian, a local newspaper of general
circulation; and
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WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by
the Planning Commission as set forth in Resolution No. 24 -11 on December 15,
2011:
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
GC (General Commercial) on approximately 20.47 acres is
compatible with the land use designations of surrounding properties
and is internally consistent with the Metropolitan Bakersfield General
Plan.
3. That all 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.
4. That the applicant by prior written agreement must comply with all adopted
mitigation measures contained within the Negative Declaration.
5. That the infrastructure exists or can easily be provided to accommodate the
types of density and intensity of the abvelopment.
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 the General Plan Amendment No. 11 -0383 is
hereby approved and adopted.
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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,
11 -0383, constituting changes as shown on the map marked Exhibit "B ",
attached hereto and incorporated as though fully set forth, for property
generally located at the northeast corner of Panama Lane and Old River
Road, and subject to the Mitigation Measures & Conditions of Approval as
listed in Exhibit "A,"
5. That General Plan Amendment No, 11 -0383, 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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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 February 15, 2012, by
the following vote;
A
V
AYES: COUNCILMEMBER SAL AS, BENHAM, WEIR, COUCH HA ON SULLIVAN JOHNSON
'idelES: COUNCILMEMBER n GAQ..
ABSTAIN: COUNCILMEMBER nu r-a.-
ABSENT: COUNCILMEMBER Y>
ROBERTA GAFFORD, CMC
CITY CLERK and Ex Officio CI rk of the
Council of the City of Bakersfield
MAYOR of the City of Bakersfield
APPROVED as to form;
VIRGINIA GENNARO
City Attorne
By:
Exhibit A - Mitigation Measures & Conditions of Approval
B - General Plan Amendment Map
CG - S: \GPAs \GPA 4th 2011 \ 11- 0383 \Res Ord \CC Resolution GPA.doc
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Exhibit A
Mitigation Measures & Conditions of Approval
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Exhibit A
Mitigation Measures & Conditions of Approval
General Plan Amendment /Zone Change No. 11 -0383
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality and GHG Mitigation Measures
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 Air Quality and GHG impacts.
2. At the time of the Planned Development Review for the commercial development on the
site, the applicant shall mitigate air quality impacts from NOx emissions below SJVAPCD
adopted thresholds with one or more of the following measures:
a. Signal light coordination on Panama Lane
b. Expanding Transit Services to within' /2 mile of the project site
c, Construction of commercial buildings to LEED standards
d. Use of solar panels on the project site to generate electricity
e, Increasing energy efficiency of buildings beyond Title 24 requirements
f. Providing less parking than required by the Institute of Transportation and Engineering
Parking Generation Handbook
g. Pedestrian /bicycle friendly site design
Mitigation for Air Quality and GHG impacts.
3. Before final approval of the project Site Plan, the applicant shall incorporate Best
Performance Standards (BPS) combined with any GHG emission reduction measures
approved by the SJVAPCD, including GHG emission reductions achieved as a result of
building and appliance standards and project design elements (see table below). The BPS
and GHG emission reduction measures must be incorporated into the project in order to be
in compliance with AB32 to reduce greenhouse gas (GHG) emissions to 1990 levels by 2020.
The Best Performance Standards can include but are not limited to the following:
BPS AND SOURCE
PERCENT
REDUCTION'
DESCRIPTION
Bike parking'
0.625
Non - residential projects provide plentiful short -term and long-
term bicycle parking facilities to meet peak season
maximum demand, Short term facilities are provided at a
minimum ratio of one bike rack space per 20 vehicle spaces.
Long -term facilities provide a minimum ratio of one long -term
bicycle storage space per 20 employee parking spaces.
Pedestrian network', 2,3
1 to 10
The project provides a pedestrian access network that
internally links all uses and connects to existing external
streets and pedestrian facilities. Existing facilities are defined
as those facilities that are physically constructed and ready
for use prior to the first 20% of the projects occupancy�AKF
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permits being granted, ;
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
BPS AND SOURCE
PERCENT
DESCRIPTION
REDUCTION'
Pedestrian barriers Minimized'- 3
1
Site design and building placement minimize barriers to
pedestrian access and interconnectivity, Physical barriers
such as walls, berms, landscaping, and slopes between
residential and non - residential uses that impede bicycle or
pedestrian circulation are eliminated. Barriers to pedestrian
access of neighboring facilities and sites are minimized.
Traffic Calming'
0,25
Reduction applies if 25% of streets with improvement and
25% of intersections with Improvements; or 50% of streets with
improvement and 25% of intersections with Improvements.
Minimum Parking or Provide
3 to 6
Provide minimum amount of parking required or provide
Parking less than Code'
parking reduction less than code. Special review of parking
required. Recommend a Shared Parking strategy. This
measure can be readily implemented through a Shared
Parking strategy, wherein parking is utilized jointly among
different land uses, buildings, and facilities in an area that
experience peak parking needs at different times of day and
day of the week. For example, residential uses and /or
restaurant /retail uses, which experience peak parking
demand during the evening /night and on the weekends,
arrange to share parking facilities with office and /or
educational uses, which experience peak demand during
business hours and during the week.
Pedestrian pathway through
0.5
Provide a parking lot design that includes clearly marked
parking'
and shaded pedestrian pathways between transit facilities
and building entrances, Pathway must connect to all transit
facilities internal or adjacent to project site, Site plan should
demonstrate how the pathways are clearly marked, shaded,
and are placed between transit facilities and building
entrances,
Off Street Parking'
1.5
For 1.5% reduction, parking facilities shall not be sited
adjacent to public roads contiguous with project site,
Functioning pedestrian entrances to major site uses are
located along street frontage, Parking facilities do not restrict
pedestrian, bicycle, or transit access from adjoining uses.
Proponent shall provide information demonstrating
compliance with measure requirements including, but not
limited to, a description of where parking is located relative
to the buildings on the site, site plans, maps, or other
graphics, which demonstrate the placement of parking
facilities behind on -site buildings relative to streets contiguous
with the project site, Surrounding uses should be high density
or mixed -use, there shall be other adjoining pedestrian and
bicycle connections, such as wide sidewalks and bike lanes.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
BPS AND SOURCE
PERCENT
DESCRIPTION
REDUCTION'
Orientation toward existing
0.5
Project is oriented towards existing transit, bicycle, or
transit, bikeway, or pedestrian
pedestrian corridor. Setback distance is minimized, Setback
corridor'- 3
distance between project and adjacent uses is reduced to
the minimum allowed under jurisdiction code, Setback
distance between different buildings on project site is
reduced to the minimum allowed under jurisdiction code.
Setbacks between project buildings and sidewalks are
reduced to the minimum allowed under jurisdiction code.
Buildings are oriented towards street frontage, Primary
entrances to buildings are located along public street
frontage. Project provides bicycle access to existing bicycle
corridor. Project provides access to existing pedestrian
corridor,
Residential Density with No
1
3 -6 Du /acre; Project provides high- density residential
Transit'
development, Mitigation value is based on project density
with no transit, Density is calculated by determining the
number of units per acre ( "du /acre ") within the residential
portion of the project's net lot area.
Street grid'
1
Multiple and direct street routing (grid style). The measure
applies to projects with an internal connectivity factor
(CF)> =0.80, and average of 114 mile or less between external
connections along perimeter of project. (CF =# of
intersections / (# of cul -de -sacs + intersections))
Urban Mixed -Use Measure'
3
Development of projects predominantly characterized by
properties on which various uses, such as office, commercial,
institutional, and residential are combined in a single building
or on a single site in an integrated development project with
functional inter - relationships and a coherent physical design.
Reductions apply if the ratio (jobs; houses) is > 0.5 and < 1.0.
Suburban mixed -use'
3
Have at least three of the following on site and /or offsite
within 114 mile; Residential Development, Retail Development,
Park, Open Space, or Office.
Energy Star roof'
0.5
Install Energy Star labeled roof materials. Energy star qualified
roof products reflect more of the sun's rays, decreasing the
amount of heat transferred into a building,
Exceed title 24'
1
Project Exceeds title 24 requirements by 20 %.
SOURCES;
'San Joaquin Valley Air Pollution Control District 2009
2CAPCOA 2010
3Attorney General, 2010
4Reductions are based on CAPCOA 2008
Mitigation for Air Quality and GHG impacts,
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
Biological Impact Mitigation Measures
4. 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
(META) 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.
The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (META) 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 biological impacts.
5. 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:
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.
Mitigation for biological impacts.
Cultural Impact Mitigation Measures
6. 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 },kr`r�
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
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 cultural impacts.
7. 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 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 cultural impacts.
Traffic Impact Mitigation Measures
8. The project applicant will be responsible for payment of all City fees and construction of
project frontage as follows:
a. The project applicant will pay the City of Bakersfield Transportation Impact Fee based on
the currently adopted fee schedule at the time the project's building permit is obtained,
b. The project applicant will construct Panama Lane and Old River Road, along the project
frontage, based on the planned arterial roadway cross - section. Improvements at the
intersection of Panama Lane and Old River Road are assumed to follow the City's Typical
Expanded Arterial Approach with bike lanes,
c. The project applicant will construct the north side of Panama Lane along its frontage,
connecting to the residential development frontage to the east, which has constructed
Panama Lane to its ultimate width (on the north side). To the west of the proposed Mini -
Storage site, the project will provide a taper from the ultimate curb line to the existing
Panama Lane roadway. At the Mini - Storage site, the applicant will also construct the
proposed left -turn lane on Panama Lane at its driveway.
d, The proposed future commercial project shall develop the remainder of the Project
frontage on Panama Lane as well as the east side of Old River Road, The applicant will be
responsible for relocation of the existing traffic signal equipment on the northeast corner
of Panama Lane at Old River Road. Medians and internal lanes along the project
frontage are paid for by the City of Bakersfield's TIF program. Should the project construct
these items, at the direction of the City, then the costs associated with that construction
will be reimbursable from the TIF program,
Mitigation for traffic impacts.
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
9. The proposed project's proportionate share percentages were calculated at each of the
study intersections using the Caltrans Guide for the Preparation of Traffic Impact Studies, The
table below shows the proportionate share volumes and percentages for the proposed
project's traffic impact;
PROPORTIONATE SHARE PERCENTAGES
Intersections
Project
Trips
AM /PM
Existing
AM /PM
2035 Plus the
Project AM /PM
Proportionate
Share %
AM /PM
Panama Lane at Buena Vista Road
11/35
1,293/1,047
3,496/5,299
0.5 %/0.8%
Harris Road at Old River Road
43/169
1,435/1,735
2,099/3,161
6.5 %/11.9%
Panama Lane at Old River Road
40/139
1,165/1,148
3,591/5,889
1.6 %/2.9%
McCutchen Road at Old River Road
2/10
576/267
1,271/1,729
0,3 %/0.7%
Panama Lane at Gosford Road
50/159
1,663/1,903
4,039/6,673
2,1 %/3.3%
Panama Lane at Ashe Road
18/56
1 1,879/2,131
4,316/6,908
0.7 %/1.2%
Mitigation for traffic impacts.
CONDITIONS OF APPROVAL:
Public Works
10, Along with the submittal of any development plan, prior to approval of improvement plans,
or with the application for a subdivision, lot line adjustment or parcel merger, the following
shall occur;
a, Provide fully executed dedication for Old River Road and Panama Lane to arterial or
local standards 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 too small to support its' 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. 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. 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
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
11, 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.
12, 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.
13. Prior to the issuance of building permits, the project applicant shall participate in the
Regional Transportation Impact Fee (RTIF) program by paying the adopted commercial and
residential unit fees in place for the various land use types at the time of development,
The Phase IV MBRTIF program was the current impact fee program at the time of
preparation of the Traffic Impact Study. The project will be required to participate in the
RTIF program that is current at the time of development of the proposed project
regardless of which version of the program is referenced in and current at the time of
preparation of the TIS.
Mitigation for traffic impacts.
Planning
14. Prior to recordation of any portion of Tract 6615, the applicant shall submit an application
for and obtain approval of a revised tentative tract reflecting the approved general plan
amendment and zone change,
For orderly development.
City Attorney
15. 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,
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EXHIBIT A
Mitigation Measures & Conditions of Approval
GPA /ZC No. 11 -0383
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.
CG; S: \GPAs \GPA 4th 2011 \ 11- 0383 \Conditions Ex A.doc
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General Plan Amendment Location Map
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