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HomeMy WebLinkAboutRES NO 032-04RESOLUTION NO. 0 3 ~ ''~ 0 4 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-1178 OF PROPOSED AMENDMENT TO THE LAND USES ELEMENT OF THE METROPOLITAN BAKERSFIELD 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, DECEMBER 15, 2003 and THURSDAY, DECEMBER 18, 2003 on General Plan Amendment 03-1165 of a proposed amendment to the Land Use Element of the General Plan, 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, such General Plan Amendment 03-1178 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-1178 Froehlich Construction Company has applied for a general plan amendment changing the land use designation on 19 acres from GC (General Commercial) to LMR for that site generally located south of Brimhall Road and east of River Ranch Drive; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and Mitigated Negative was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No.170-03 on December 18, 2003 the Planning Commission recommended approval and adoption of General Plan Amendment 03-1178 subject to, mitigation measures/conditions listed in Exhibit A1 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, February 11, 2004 on the above described General Plan Amendment 03-1178 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. 3. The proposed project will not have a significant effect on the environment. Mitigation Measures/Conditions of Approval shown on Exhibit A1 are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. Public safety, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield 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 of the Sate of California 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, 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. The Mitigated Negative Declaration for General Plan Amendment 03-1178 is hereby approved and adopted. 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 General Plan Amendment 03-1178 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit A2 attached hereto and incorporated as though fully set forth, for property generally located south of Brimhall Road and east of River Ranch Drive subject to mitigation measures/conditions of approval shown on Exhibit Al. 2 ---- °ORIGINAL That General Plan Amendment 03-1178, approved herein, be combined with other approved cases, approved February 25, 2004, described in separate resolutions, to form a single Land Use Element Amendment. the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council.o.~...tDe City of Bakersfield at a regular meeting thereof held on ~ 1_ ! ZUU4 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCA~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVEI7c'EB 1 ~[ 2004 APPROVED as to form' VIRGINIA GENNARO City Attorney S:\Dole\03-1178\CC GPAR.doc ORIGINAL EXHIBIT A1 MITIGATION GENERAL PLAN AMENDMENT/ZONE CHANGE 03-1178 Planning Cultural If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey shall be provided to the Planning Director. Air Quality (Insight Environmental Consultants, Inc.) The criteria pollutant most affected by proposed mitigation measures will be PM~0. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control measured will be taken to ensure compliance specifically during Phase 2 - Construction. The mitigation measures are as follows: 1. Water exposed surfaces (soil) three-times/day; 2. Water haul roads (unpaved) three-times/day; and 3. Reduce speed on unpaved roads to under 15 miles per hour. Public Works Traffic 1. The development shall be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. ORIGINAL Design The Westside Parkway will be elevated over Coffee Road, and will then slope down as it approaches the proposed GPA area. With the current zoning and land use designation (planned commercial), mitigation for noise and/or lighting impacts from the Westside Parkway is not required by either the Federal Highway Works Administration (FHWA) or the City of Bakersfield General Plan or City ordinances. However, due to the vertical and horizontal alignment of the Westside Parkway in this area and with the GPA area as a residential use, potential impacts can be expected due to both lighting (vehicle headlights and Coffee Road interchange lighting) and noise. Therefore, prior to construction of any residential units within the GPA area, the residential developer will provide measures to mitigate the noise and lighting impacts from the Westside Parkway. In determining noise impacts, the developer shall either use the noise study prepared for the Westside Parkway, or have his own noise study prepared and approved by the City. Mitigation will meet the requirements of the Federal Highway Administration and the City of Bakersfield. If mitigation consists of a barrier wall along the Westside Parkway, then the wall will be constructed within the ultimate right of way of the Westside Parkway. Subdivision With submittal of a land division or Lot Line Adjustment application, provide dedication of Brimhall Road collector standards, including expanded intersections. 1 .a Prior to the submission of improvement plans, submit a comprehensive drainage study covering the entire area of the GPNZC to the City Engineer for his review and approval. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. 1.b Prior to the submission of improvement plans, submit verification to the City Engineer of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning for the entire area of the GPNZC. 1.c 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. ORIGINAL 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 will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 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 area. The temporary turnaround on Fox Run Drive cannot be abandoned in its entirety. There must be provisions made for a permanent turnaround per city standards. 5. Pay the standard residential fees, as adopted at time of development, for the residential portions. S:\Dole~)3-1178\Mitigation.doc ~ORIGINAL ~' ORIGINAl.