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
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