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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 S:\GPA 2nd Qtr 2002~02-0291\RGPA.CC 02~)291 .wpd c c EXHIBIT 1 m m z 0 ! 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 S:\GPA 2nd Qtr 2002\02-029 l~nitigation checldist, wpd 2