HomeMy WebLinkAboutRES NO 138-97RESOLUTION NO. ~. 8 8 - ,C) ~'
A RESOLUTION MAKING FINDINGS AND ADOPTING
AMENDMENT TO THE NOISE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(GENERAL PLAN AMENDMENT CASE NO. P97-0067)
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 t6, t997, and THURSDAY, JUNE 19, t997, on a proposed amendment to
the Noise Element of the General Plan, notice of the time and place of hearing having been
given at least twenty-one (21) calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Noise Element (Chapter VII) of
Metropolitan Bakersfield 2010 General Plan is as follows:
The proposal is to add a policy and an implementation measure to
the Noise Element of the Metropolitan Bakersfield 2010 General
Plan to establish standard for the assessment of cumulative noise
impacts. (The full text of the proposed policy, implementation
measure and standards is shown on attached Exhibit "A")
and
WHEREAS, for the above-described amendment, Staff has determined that this
project is exempt from the provisions of the California Environmental Quality Act (CEQA), as
there is no possibility that the proposed addition of a policy and implementation measure to the
Noise Element text regarding the adoption of standards for assessment of cumulative noise
impacts, could have a significant effect on the environment. The project is therefore exempt
from CEQA pursuant to Section 15061(b)(3)) of the CEQA Guidelines (General Rule);
and
WHEREAS, by Resolution No. 46-97 on June 19, 1997, the Planning
Commission recommended approval and adoption of this General Plan Amendment and this
Council has fully considered the findings 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
SEPTEMBER 10, 1997, on the above described proposed amendment to the Noise 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 notices have been given.
ORIGINAL
2. The project is exempt from CEQA pursuant to Section 15061 (b)(3) of the
CEQA Guidelines ~ General Rule).
3. The proposed text amendment will provide defined criteria for the
assessment of noise impacts expected to result from proposed land uses and development
projects.
will provide a basis of
project approvals and
The proposed policies and standards for inclusion in the Noise element
analysis for the inclusion of adequate mitigation measures in future
conditioning.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings, incorporated herein, are true and correct.
2. The project is exempt from CEQA pursuant to Section 15061(B)(3)
(General Rule) of the CEQA Guidelines.
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
Case No. P97-0067, a proposed amendment to the Noise Element of the Metropolitan
Bakersfield 2010 General Plan, constituting changes as shown on Exhibit '%" attached hereto
and incorporated as though fully set forth.
......... 000 ........
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
$EP 1 0 1997 , by the following vote:
*YES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOT[, ROWLES, SUllIVAN, SALVAGGIO
tlOES: COUNCILMEM'&ER
,~STAIN: COUNCILMEMBER
~N~ COUNCILMEMBER
CITY CLERK and Ex Officio Cl~rk of the
Council of the City of Bakersfield
2
ORIGINAL
APPROVED $EP I t) lg97
APPROVED as to form:
JUDY SKOUSEN
CITY A'FrORNEY
MJM
August 8, 1997
res~rg0067-cc
3
EXHIBIT "A"
GENERAL PLAN AMENDMENT P97-0067
AMENDMENT TO THE NOISE ELEMENT
The following policy shall be added on Page VII-22 of the existing Noise Element:
Establish threshold standards for the determination of the existence of cumulative
noise impacts that are significant, and will therefore require mitigation to achieve
acceptable noise standards that do not exceed the standards contained in this
Element (I-9).
The following implementation measure shall be added following No. 8 on Page VII-24 (new
Page VII-24a):
The following standards shall be used to determine the existence of significant
cumulative noise impacts expected to result from proposed construction or development
projects. The projected occurrence of such significant cumulative impacts shall require
the adoption of practical and feasible mitigation measures to be identified in an
Environmental Impact Report or Negative Declaration, whichever is applicable.
STANDARDS FOR CUMULATIVE NOISE IMPACTS
A significant increase in ambient noise level affecting existing noise-sensitive land uses
(receptors), requiring the adoption of practical and feasible mitigation measures, is deemed to
occur where a project will cause:
An increase in ambient noise level of ldB or more over 65dB CNEL, where the existing
ambient level is 65dB CNEL or less;
The ambient noise level is less than 60 dB CNEL and the project increases noise
levels by 5 dB or more;.
The ambient noise level is 60 to 65 dB CNEL and the project increase~ noise
levels by 3 dB or more;
The ambient noise level is greater than 65 dB CNEL and the project increases
noise levels by 1.5 dB or more.
S:gp970067.txt
RESOLUTION NO. 46-97
RESOLUTION OF THE PLANNING COMMISSION
RECOMMENDING APPROVAL OF AMENDMENT TO THE
NOISE ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN, AND TRANSMITTING REPORT TO CITY
COUNCIL (GENERAL PLAN AMENDMENT P97-0067).
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, 1997 and THURSDAY, JUNE 19, 1997, on the proposed amendment to
the Noise Element (Chapter VII) of the Metropolitan Bakersfield 2010 General Plan, No. 97-
0076, notice of the time and place of hearing having been given at least twenty-one (21)
calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, proposed Amendment No. P97-0067 to the Noise Element (Chapter
VII) of the Metropolitan Bakersfield 2010 General Plan is as follows:
The proposal is to add a policy and an implementation measure to
the Noise Element of the Metropolitan Bakersfield 2010 General
Plan to establish standards for the assessment of cumulative
noise impacts. (The full text of the proposed policy,
implementation measure and standards is shown on attached
Exhibit "A".)
and
WHEREAS, for the above-described segment, Staff has determined that this
project is exempt from the provisions of the California Environmental Quality Act (CEQA), as
there is no possibility that the proposed addition of a policy and implementation measure to the
Noise Element text regarding the adoption of standards for assessment of cumulative noise
impacts, could have a significant effect on the environment. The project is therefore exempt
from CEQA pursuant to Section 15061(b)(3)) of the CEQA Guidelines (General Rule); and
WHEREAS, the Planning Commission found as follows:
1. All required notices have been given.
2. The project is exempt from CEQA pursuant to Section 15061 (b)(3) of the
CEQA Guidelines (General Rule).
3. The proposed text amendment will provide defined criteria for the
assessment of cumulative noise impacts expected to result from proposed land uses and
development projects.
4. The policies and standards proposed for inclusion in the Noise Element
will provide a basis of analysis for the inclusion of adequate mitigation measures in future
project approvals and conditioning.
ORIGINA~
2
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
2. As to the proposed amendment to the Noise Element, No. P97-0067, the
Planning Commission hereby recommends adoption of such General Plan Amendment No.
P97-0067, and recommend same to City Council.
On a motion by Commissioner Kemper and seconded by Commissioner Tkac,
the Planning Commission approved the foregoing, and recommend same to the City Council by
the following roll call vote:
AYES: Commissioners Boyle, Kemper, Ortiz, Tavorn, Teeter, Tkac, Brady
NOES: None
ABSENT: None
I HERESY CERTIFY that the foregoing Resolution was passed and adopted by
the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the
19th day of June, 1997.
DATED: June 19, 1997
MJM:
June 24, 1997
res~rg0067-pc
PLANNING COMMISSION OF
Planning Commission
EXHIBIT "A"
GENERAL PLAN AMENDMENT P97-0067
AMENDMENT TO THE NOISE ELEMENT
The following policy shall be added on Page VII-22 of the existing Noise Element:
Establish threshold standards for the determination of the existence of cumulative
noise impacts that are significant, and will therefore require mitigation to achieve
acceptable noise standards that do not exceed the standards contained in this
Element (I-9).
The following implementation measure shall be added following No. 8 on Page VII-24 (new
Page VII-24a):
The following standards shall be used to determine the existence of significant
cumulative noise impacts expected to result from proposed construction or development
projects. The projected occurrence of such significant cumulative impacts shall require
the adoption of practical and feasible mitigation measures to be identified in an
Environmental Impact Report or Negative Declaration, whichever is applicable.
STANDARDS FOR CUMULATIVE NOISE IMPACTS
A significant increase in ambient noise level affecting existing noise-sensitive land uses
(receptors), requiring the adoption of practical and feasible mitigation measures, is deemed to
occur where a project will cause:
An increase in ambient noise level of ldB or more over 65dB CNEL, where the existing
ambient level is 65dB CNEL or less;
The ambient noise level is less than 60 dB CNEL and the project increases noise
levels by 5 dB or more;.
The ambient noise level is 60 to 65 dB CNEL and the project increases noise
levels by 3 dB or more;
The ambient noise level is greater than 65 dB CNEL and the project increases
noise levels by 1.5 dB or more.
S:gp970067.txt
PC, 6/19/97
ABSENT:
Commissioner Dhanens
Page 11
A motion Commissioner Boyle, seconded by Commissioner Ortiz,
to adopt a Jing the zone change with the same exception as on
the General Plan amemthe size of the sign. Motion carried by
the following roll call vote:
AYES: Commi~
Tkac, Brady
Boyle, Kemper, Ortiz, Tavorn, Teeter,
NOES: None
ABSENT: Commissioner Dhanens
A motion was made by Commissioner Boyle, seconded by Commiss'"ro[~r Ortiz,
to adopt a resolution approving the conditional use permit with the same~
exceptions as on the General Plan amendment regarding the size of the sign.'~.~
Motion carried by the following roll call vote: ~
AYES: Commissioners Boyle, Kemper, Ortiz, Tavorn, Teeter,
Tkac, Brady
NOES: None
ABSENT: Commissioner Dhanens
3)
GPA CASE NO. P97-0067 - NOTICE ELEMENT AMENDMENT - THE CITY OF
BAKERSFIELD
Staff report recommending approval was given.
The public portion of the hearing was opened; no one spoke in opposition.
The public portion of the hearing was closed.
Commissioner Kemper made a motion, seconded by Commissioner Tkac, to
adopt the resolution approving General Plan Amendment P97-0067 amending
the Noise Element, Chapter VII, of the Metropolitan Bakersfield 2010 General
Plan as proposed based on the findings presented in said resolution and
attached Exhibit C, and recommend same to City Council. Motion carried.
~'-'--'--~COMM U NICATIONS
~~'~rt~a~wn bal communications.
There were no
Minutes, PC, 6/16/97
Hearing on this item was continued to the Thursday, June 19, 1997 meeting.
Vice-Chairman Tkac turned the meeting back to Chairman Brady.
4.2a,
b&c)
GPA, ZONE CHANGE AND CONDITIONAL USE PERMIT P97-0056 - MARINO
ASSOCIATES
Staff report was given. Staff recommends denial.
4.3)
Page 2
The meeting was opened for Commissioner comments.
Commissioner Boyle asked if Staff was amending their recommendation. Staff replied that they
ere not, subject to C~ty Councd s decision. Commissioner Boyle asked If Staff would -,
recommend approval should the Council decide to do so. Staff replied that they would and
would prepare such a motion.
Hearing on this item was continued to the Thursday, June 19, 1997 meeting.
GPA CASE NO, P97-0067 - THE CITY OF BAKERSFIELD
Staff report was given.
The meeting was opened for Commissioner comments. Chairman Boyle asked where the
proposed amendment would fit in, whether it would be part of Chapter 7 (Noise Element of the
General Plan). Staff replied that a policy statement would be added in the Noise Element.
Hearing on this item was continued to the Thursday, June 19, 1997 meeting.
COMMUNICATIONS
There were no written or verbal communications.
COMMISSIONER COMMENTS
Chairman Boyle requested that the Committee Chairmen to submit a written updates. Chairman
Boyle asked Staff to prepare an update on Staff projects related to freeways.
ORIGINAL
NOTICE OF EXEMPTION Appendix I
TO:
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
FROM: City of Bakersfield
Platming Department
1715 Chester Avenue
Bakersfield, CA 93301
Project Title: General Plan Amendment Case NO, P57-0067
Project Location-Specific: City-wide (text amendment}
Project Location-City: Bakersfield Project Location-County: Kern
Description of Project: Text amendment to the Noise Element of the Metropolitan Bakersfield 2010 General Plan adoDtin~
standards for the analysis of cumulative noise impacts (CODV of oreDared amendment on file in the Development
Services Deoartment).
N~ of Public Agency Approving Project: City of Bakersfield
N&me of Person or Agency Carrying Out Project: Citv of Bakersfield Develooment Services Department
Ministerial (Sec.21080(b) (1); 15268));
Declared Emergency (Sec.21080(b) (3); 15269{a));
Emergency Project (Sec. 21080(b) (4); 15269(b) (c));
Categorical Exemption. State type and section number. Sec. 15061 (b)(3) of CEOAGuidelines (Gen. Rule)
Statutory Exemptions. State code number.
Reasons why project is exempt= There is no Possibility that adoption of the DrODOSed text amendments. enAhlin= the
review and analysis of potential cumulative noise impacts. could by itself have a significant effect on the environment
Area Code/Telephone/Extension: (805) 326-3733
If filed by applicant:
Attach certified document of exemption finding.
Has a notice of exemption been filed by the public agency approving the project?
_~_ signed Lead Agency
-- Signed by Applicant
p:g0067-noe
Date received for filing at OPR:
Revise~ October 1~9