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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