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HomeMy WebLinkAboutRES NO 034-04 RESOLUTION NO. 0 3 ~ '" 0 z~ RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND DISAPPROVING GENERAL PLAN AMENDMENT 02-0882 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 02-0882 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 02-0882 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 02-0882 Dave Dmohowski is requesting an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on 19.22 acres for that site generally located along the northwest corner of Wible Road and Hosking Road; 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 a Mitigated Negative Declaration 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. 176-03 on December 18, 2003, the Planning Commission recommended disapproval of General Plan Amendment 02-0882 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, 2003 on the above described General Plan Amendment 02-0882 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. The proposed project is inconsistent with the Metropolitan Bakersfield General Plan. The proposed project is inconsistent with "commercial development" policies number 21 and 24 of the Land Use Element of the Metropolitan Bakersfield General Plan. The public necessity, general welfare and good planning practices do not 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 Resoumes 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 02-0882 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 disapproves General Plan Amendment 02-0882 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 along the northwest corner of Wible Road and Hosking Road. ,.-.- ORIGtNAL c~ 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 FEB 1 1 ~I)~ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, C CITY CLERK and Ex ~:~ff~i~o~cICerk of ~e Council of the City of Bakersfield APPROVED FEB 11 2004 thL~ ~iAtyLLo, Bakersf'~ld APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits 1: Mitigation A2 Map A3 Correspondence A4 Mitigated Negative Declaration S:\Do[e\02-0882\CC GPAR.doc ORIGINAl. EXHIBIT "1" MITIGATION General Plan Amendment 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 amhaeologist 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 Mitigation From Air Quality Impact Study WZl [NC 6.1 Mitigation Measures for Construction Equipment Exhaust The following mitigation measures should be utilized during the construction phase of the project to reduce construction exhaust emissions. These mitigation measures are stated in the GAMAQI guidance document as approved mitigation for construction equipment: Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. ORIGINAL Mitigation GPA/ZC 02-0882 Page 2 Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 6.2 Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM10 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical limit stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. · All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. When materials are transported offsite, all material shall be covered, or effectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. · Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. · Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. · Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control-District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). ORIGINAL Mitigation GPNZC 02-0882 Page 3 Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 6.3 Mitigation Measures for Mobile Source Emissions Transportation control measures and design features can be incorporated into the project to reduce emissions from mobile sources. The below-listed control measure provides a strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion for the purpose of reducing motor vehicle emissions. These features were incorporated into the emission estimates for the project and are therefore required in order to achieve the emission level previously presented: Incorporate sidewalks throughout the project, with adequate safety signage and appropriate lighting. Connect sidewalks to any open space or recreational areas and to nearby transit loading areas and/or shelters; Provide pedestrian and bicycle facilities, including street trees to shade the walkways and/or bikeways; and, · Select deciduous trees and locate them on southern and/or western exposures to shade structures in summer and allow sun in winter. 6.4 Additional Mitigation Measures Prior to issuance of a grading permit the subdivider shall implement one or a combination of the following measures and/or programs to result in a reduction of ROG emissions of at least 0.73 tons per year and NOx emissions of at least 4.01 tons per year. Prior to issuance of a grading permit for the subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described above. The improvements for said project must be accepted by the Public Works Department prior to issuance of a grading permit. The project selected shall be a project that is not otherwise funded or constructed with the Wible Hosking Project. The subdivider is responsible for all costs to determine the emission reductions associated with proposed Public Works projects. This documentation shall be submitted to the Planning Director prior to issuance of a grading permit. The projects used for the reduction in emissions can include one or more of the following types of projects: 1. Construction of a new, warranted signal. 2. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. ORIGINAL Mitigation GPA/ZC 02-0882 Page 4 Mitigation programs such as, but not limited to the following, may also be considered by the subdivider to achieve the same reduction in emissions as described above. 1. Car crushing of older model cars. 2. Modification to stationary diesel engines, such as those under agricultural use. 3. Modification of fleet vehicles and/or other mobile sources. If one or more of these programs is selected by the subdivider, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to the issuance of a grading permit. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engine modified, photo documentation and quantification of emission reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant. Traffic Mitigation From Traffic Study IMPROVEMENTS, YEAR 2020 At Year 2020 conditions, the improvement to intersections and street segments that this development would be required to mitigate would be: UPGRADE TRAFFIC SIGNALS 1. Panama Lane and Wible Road INSTALL TRAFFIC SIGNALS 1. Berkshire Road and Wible Road 2. Hosking Road and Wible Road 3. Hosking Road and Akers Road 4. Entrance Street to Development and Wible Road STREET IMPROVEMENTS 1. Wible Road from Panama Road to Hosking Road Upgrade to four-lanes where two-lanes now exist. See Regional Impact Fee schedule herein. The City of Bakersfield may require this development to improve Wible Road and Hosking Road to ultimate adjacent to site. PUBLIC WORKS 1. With submittal of an application for a land division or lot line adjustment, 1.1.provide dedication of Wible Road and Hosking Avenue to arterial and collector standards, including expanded intersections. ORIGINAL Mitigation GPNZC 02-0882 Page 5 1.2. submit a comprehensive drainage study to be submitted to and approved by the City Engineer. 1.3. 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. Payment of median fees shall be required for the frontages of the property within the GPA request. These fees shall 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 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. 5. A traffic impact study prepared by Crenshaw Traffic Engineering for a 110,000 SF shopping center and 100,000 office center on the site has been reviewed by staff and is acceptable. The shopping center produces 7245 daily trips (85% of total) and the office center 1,327 daily trips (15% of total). Based upon the study the following mitigation measures should be required. 5.1. Local Mitigation 5.1.1. Pay the proportionate share of the following improvements, split proportionally between the retail and office: 5.1.2. Install signal at Berkshire Road and Wible Road, 20.14% project share of $120,000 ($24,168) 5.1.3. Install signal at Hosking Avenue and Wible Road, 19.5% project share of $120,000 ($23,400) 5.1.4. Install signal at Akers Road and Hosking Avenue, 12.4% project share of $120,000 ($14,880) 5.1.5. Install signal at project entrance on Wible Road, 100% project responsible 5.1.6. The study indicates a signal is recommended at the project entrance on Wible Road. This can only be accepted if a Synchro coordination study is submitted and approved showing adequate coordination of signals can be maintained. Until such time as a signal is installed, turn shall be restricted so that no left turn out is permitted. Mitigation GPNZC 02-0882 Page 6 5.2. Regional Transportation Impact Fee (RTIF) Mitigation 5.2.1. The traffic study analyzed the project share of the RTIF which totals $42,845. Based upon the square footages and trip generation the shares equate to $331.08 per 1,000 SF for the retail and $64.68 per 1,000 SF for the office. 5.2.2. Pay the standard residential fees, as adopted at time of development, for the residential portions. S:\Dole\02A)88Z, Mitigation.doc ORIGINAL m Z 7 0 oo OO