HomeMy WebLinkAboutRES NO 142-02RESOLUTION
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA 02-0291 OF
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN
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 17, 2002, and THURSDAY, June 20, 2002, on GPA 02-0291 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice
of the time and place of hearing having been given twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, GPA 02-0291, an amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan is as follows:
Mclntosh and Associates has proposed to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the land use map
designation from HI (Heavy Industrial) to GC (General Commercial) on 19.59
acres, HI to LR (Low Density Residential) on 64.22 acres, and LI (Light
Industrial) to LR on 16.06 acres; and
WHEREAS, for the above-described proposal, an Initial Study was conducted
and it was determined that the proposed project would not have a significant effect on the
environment if certain mitigation measures are adopted to address potential impacts regarding
noise and traffic, and, therefore, a Negative Declaration with mitigation measures was prepared
and posted on May 22, 2002, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 65-02 on June 20, 2002, the Planning
Commission recommended approval and adoption of Case No. GPA 02-0291, as shown in
Exhibit "1", and this Council has fully considered the finding made by the Planning Commission
as set forth in that Resolution; 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, August 21,2002, on the above described Case No. GPA 02-0291 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General
Plan, 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. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis'
exemption in accordance with Section 711.4 of the State of California
Department of Fish and Game Code. Additionally, the assumption of adverse
effect is rebutted by the above-reference absence of evidence in the record and
the Lead Agency's decision to prepare a Negative Declaration for this project.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
The Negative Declaration with mitigation measures is hereby adopted for GPA
02-0291.
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.
The City Council hereby approves and adopts Case No. GPA 02-0291 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, constituting changes as shown on the map marked Exhibit
"1", and subject to Conditions of Approval/Mitigation Measures as provided in
Exhibit "2", attached hereto and incorporated as though fully set forth, for
property located adjacent on the south side of Highway 58, between Oswell
Street and Sterling Road.
That the Mitigation Monitoring and Reporting Checklist as provided in Exhibit
2
is hereby adopted.
That Case No. GPA 02-0291, approved herein, be combined with other
approved cases described in separate resolutions, to form a single General Plan
Amendment.
The Planning Division of the Development Services Department is hereby
directed to file a Notice of Determination with the County Clerk of Kern County,
pursuant to the provisions of Section 21152 of the Public Resources Code and
Section 15094 of the CEQA Guidelines adopted pursuant thereto and a
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
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 August 21, 2002, by
the following vote:
~: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
CITY CLERK and Ex or'i-cE0 C~k of the
Council of the City of Bakersfield
HARVEY L. HALL
MAYOR of the City of Bakersfie'~d
APPROVED as to form:
BART THILTGEN
City Attorney
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EXHIBIT 1
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EXHIBIT 2
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 02-0291
CONDITIONS OF APPROVAL/MITIGATION MEASURES
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a)
Provide fully executed dedication for Oswell Street to arterial standards
and for Sterling Road and the extension of Zephyr Lane to collector
standards for the full frontage of the area within the GPA and ZC 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.
b)
Submit a comprehensive drainage study to be submitted to and approved
by the City Engineer. Site any drainage retention facility on the periphery
of the GPNZC are to facilitate future expansion or consolidation of
drainage facilities as adjacent area develops. Only one drainage will be
allowed for the GPNZC area. The study shall be approved and any
required retention site and necessary easements dedicated to the City.
c)
Submit a comprehensive sewer study to be submitted to and approved by
the City Engineer. 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)
Payment of median fees for the frontage of the property within the GPA
request. These fees may be paid prior to recordation of any map or
approval of improvement plans.
Access to the arterial and collector streets will be limited and determined at time
of division or development. Determination of whether a right turn lane is required
at the access street(s) will also be made at the time of division or development.
A full access opening on Oswell Street will only be considered if the developer
funds and installs a traffic signal at the site entrance.
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 Consolidate 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/ZC area.
18 Roadway segments and 50 intersections were analyzed where potentially
significant project traffic levels were projected to occur. Based upon the
analysis, a minimal amount of additional local mitigation is required beyond what
will be provided for through the adopted Regional Transportation Impact Fee
(RTIF) program. Facilities affected and mitigation required are as follows:
Fairfax Rd at Niles St, add south bound left, $80,000 improvement cost,
$704 (0.88%) share for residential and $704 (0.88%) share for
commercial.
Fairfax Rd at Pioneer Dr, add north and south bound through, modify
north and south rights to shared through-rights (striping change only),
$10,000 improvement cost, $138 (1.38%) share for residential and $176
(1.76%) share for commercial.
Brundage Ln at Oswell St, add north bound right, $10,000 improvement
cost, $484 (4.84%) share for residential and $1,022 (10.22%) share for
commercial.
Brundage Ln at Fairfax Rd, add south bound through, $40,000
improvement cost, $487 (1.22%) share for residential and $895 (2.24%)
share for commercial.
eo
Brundage Ln at Morning Dr, add east bound right, west bound left and
north bound right, $100,000 improvement cost, $1,130 (1.13%) share for
residential and $1,880 (1.88%) share for commercial.
Brundage Ln at Cottonwood Rd/SR 58 ramps, install signal, add east
bound left, $200,000 improvement costs, $4,320 (2.16%) share for
residential and $9,780 (4.89%) share for commercial.
Mt Vernon Ave at Fwy 58 EB ramps, add east bound left, $40,000
improvement costs, $880 (2.20%) share for residential and $1,556
(3.89%) share for commercial.
Weedpatch Hwy (SR 184) at Fwy 58 EB ramps, install signal, $120,000
improvement costs, $1,542 (1.21 %) share for residential and $3,108
(2.59%) share for commercial.
Total local mitigation costs: $19,121 commercial equating to costs per unit of
$98.59 per 1,000 SF equivalent to $2.83 per daily trip and
$9,685 residential equating to costs per DU of $25.16.
Note: the shares for facilities on State routes were re-computed based upon the State
preferred method.
An independent RTIF calculation was provided in the study as required to
determine the actual impact of the project on the RTIF facilities. A total fee of
$166,503 was calculated for the 193,951 SF retail, equivalent to $858.48 per
1,000 SF (24.65 per daily trip). A total fee of $112,951 was calculated for the
385 residential dwelling units, equivalent to $293.38 per dwelling unit.
Both the local and regional transportation impact fees must be paid within the
area of this GPNZC request in the amounts outlined in items 4 and 5 above.
One of the following three noise attenuation measures shall be constructed and
completed prior to issuance of any occupancy permits for the entire 80.28 acre
residential project site:
A.) A 4 foot high earthen berm, approximately 16-feet wide, with an 8-foot
high masonry sound wall constructed atop the earthen berm resulting in a
12-foot high acoustical barrier. The acoustical barrier shall be built in an
inversed U-shaped beginning 440 feet south of Highway 58 and 660 feet
east of Oswell Street, then continuing north to the northern property line,
then 1,400 feet east to the sump, and then south along the sump
approximately 200 feet to the end of the sump. The required 8-foot sound
wall shall be of reinforced masonry and shall be constructed atop the
required 4 foot high earthen berm; or
B.) A 14-foot high reinforced masonry block wall. The acoustical barrier shall
be built in an inversed U-shaped beginning 440 feet south of Highway 58
and 660 feet east of Oswell Street, then continuing north to the northern
property line, then 1,400 feet east to the sump, and then south along the
sump approximately 200 feet to the end of the sump; or
C.) Construct a ten (10) foot high masonry block wall along the entire northern
property line of the project site with a 100 foot wide linear park and 10 foot
wide sidewalk between the block wall and future residences.
7.)
The Kern County Mosquito and Vector Control District shall be provided access
to storm drain sumps for the purpose of inspecting and treating mosquito
breeding sources.
EXHIBIT 3
General Plan Amendment/Zone Change 02-0291
Mitigation Monitoring and Reporting Checklist
VERIFICATION OF COMPLIANCE
Mit
No. Monitoring and Party
Reporting Monitoring Responsible
Mitigation Measure Process Milestone for
Monitoring Initials Date Remarks
1.a) 18 Roadway aegrr~nts and 50 interactions were Site Plan Review/ Tentative Map/ Public
a~l~zed where potentially $ignif~nt projoct traffic Tentative Map Site Plan Works
Approval
commer~l. Approval
ORiG;NAI.
l.i) Weedpatch Hwy (SR 184) at Fwy 58 EB ramps, Site Plan Review/ Tentative Map/ Pablic
install signal, $120,000 improvement costs, $1,542 Tentative Map Site Plan Works
(1.21%) share for residential and $3,108 (2.59%) Review Review
share for commercial. Approval
l.j Total local mitigation costs: $19,121 commerdal Site Plan Review/ Tentative Map/ Public
equating fo costs per unit of $98.59 per 1,000 SF Tentative Map Site Plan Works
equivalent to $2.83 per daily trip and $9,685 Review Review
residential eqtmting to costs per DU of $25.15. Approval
! .k An independent RTIF calculation was provided in the Site Plan Review/ Tentative Map/ Public
2.a) One of the following three noise attenuation Site Plan Review/ Tentative Map/ Planning
measures shall ha constructed and completed pdor Tentative Map Site Plan Department
80.28 acre residential project site: Approval
2.b) A 4 foot high earthen berm, approximately 16-feet Site Plan Review/ Tentative Map/ Planning
2.c) A 14-foot high minfocced masonry block wall. The Site Plan Review/ Tentative Map/ Planning
acoustical ben';er shall be built in an inverseq U- Tentative Map Site Plan Department
2.d) Construct a ten (10) foot high masons/block wall Site Plan Review/ Tentative Map/ Planning
along the entire northern probefiy line of the project Tentative Map Site Plan Department
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