HomeMy WebLinkAboutRES NO 035-04 RESOLUTION NO. 0 8 5 ' 0 4
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA 03-1176 OF THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ON THE NORTH SIDE OF MEANY AVENUE,
BETWEEN COFFEE ROAD AND PATTON WAY.
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 GPA 03-1176 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan.
notice of the time and place of hearing having been given twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, GPA 03-1176, a requested amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is as follows:
Kathryn McWhorter with DeWalt Corporation has proposed to amend the Land
Use Element of the Metropolitan Bakersfield General Plan to change the land
use map designation from LR (Low Density Residential) to HMR (High Medium
Density Residential) on 42.89 acres; and
WHEREAS, for the above-described proposal, an Initial Study-was conducted and it was
determined that the proposed project would not have a significant effect on the environment if
certain mitigation measures were adopted for construction equipment exhaust, fugitive dust
emissions, and traffic impacts, and, therefore, a Negative Declaration with mitigation measures
was prepared and posted on November 17, 2003, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 183-03 on December 18, 2003, the Planning
Commission approved Case No. GPA 03-1176, as shown in Exhibit ~A", 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 Wednesday,
February 11, 2004, on the above described Case No. GPA 03-1176 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of
time and place of the headng having been given at least ten (10) calendar days before the
headng 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 provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
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 State of California Department
of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
2. The Negative Declaration for GPA 03-1176 is hereby 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 Case No. GPA 03-1176 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, constituting proposed changes as shown on the map marked
Exhibit "A", and the conditions of approval/mitigation measures as provided in
Exhibit "B", attached hereto and incorporated as though fully set forth, for
property located on the north side of Meany Avenue, between Coffee Road and
Patton Way
The Mitigation Monitoring and Reporting Checklist as provided in Exhibit C is
hereby adopted.
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 February 11, 2004, by
the following vote:
/(~ COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
NOES: COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER
2
ORIGINAL
Council of the City of Bakersfield
APPROVED FEB I I 2004
HAR~/EY L. ~iAL"L ~' ~
Mayor of the City of Bakersf/~d
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A - Land Use Map
Exhibit B - Conditions of Approval
Exhibit C - Mitigation Monitoring and Reporting Checklist
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ORIGINAL
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ORIGINAL
EXHIBIT B
GENERAL PLAN AMENDMENT NO. 03-1176
CONDITIONS OF APPROVAL/MITIGATION MEASURES
GENERAL
With submittal of a land division or Lot Line Adjustment application, provide
dedication of Patton Way and Meany Avenue to arterial and collector
standards, including expanded intersections as required.
a)
Submit a revised drainage study to be submitted to and approved
by the City Engineer. 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.
b)
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.
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.
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.
S:~GPA 4th Qb' 2003~3-1176~Exhibit Condigns,doc
ORIGINAL
b. AIR QUALITY IMPACT MITIGATION MEASURES
1. Mitigation measures proposed for construction equipment exhaust:
a)
The developer shall properly and routinely maintain all construction
equipment, as recommended by manufacturer manuals, to control
exhaust emissions.
b)
The developer shall shut down equipment when not in use for
extended periods of time to reduce emissions associated with idling
engines.
c)
The developer shall encourage ride sharing and use of transit
transportation for construction employee communting to the project
site.
d)
The developer shall use electric equipment for construction
whenever possible in lieu of fossil fuel-fired equipment.
e)
The developer shall curtail construction dudng pedods of high
ambient pollutant concentrations; this may include ceasing of
construction activity during the peak-hour of vehicular traffic on
adjacent roadways.
2. Mitigation measures for fugitive dust emissions:
a)
All disturbed areas, including storage piles, which are not being
actively utilized for construction purposes, shall be effectively
stablized of dust emissions using water, chemical stablizer/
suppressant, covered with a tarp or other suitable cover, or
vegetative ground cover.
b)
All onsite unpaved roads and offsite unpaved access roads shall be
effectively stablized of dust emissions using water or chemical
stablizer/suppressant.
c)
All land clearing, grubbing, scraping, excavation, land leveling,
grading, cut and fill, and demolition activities shall be effectively
controlled of fugitive dust emssions utilizing application of water or
by presoaking.
d)
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.
e)
All operations shal! limit or expeditiously remove the accumulation
of mud or did from adjacent public streets at the end of each
workday. (The use of dry rotary brushes is expressly prohibted
except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions. Use of blower devices is expressly
forbidden).
f)
Following the addition of materials to, or the removal of materials
from, the surface of outdoor storage piles, said piles shall be
effectively stablized of fugitive dust emissions utilizing sufficient
water or chemical stablizer/suppressant.
g)
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.
h)
Any site with 150 or more vehicle trips per day shall prevent
carryout and trackout.
i)
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.
J)
Cease grading activities during periods of high winds (greater than
20 mph over a one-hour period).
k)
Limit construction-related vehicle speeds to 15 mph on all unpaved
area at the constructions site.
Wash off construction and haul trucks to minimize the removal of
mud and dirt from the project sites.
TRAFFIC IMPACT MITIGATION MEASURES:
Pay the proportionate share of the following mitigation measures (not paid
for by the Regional Transportation Impact Fee - RTIF) as indicated in
Table 7 of the traffic study. An estimate and fee schedule shall be
developed by the applicant and approved prior to recordation of a map or
issuance of a building permit.
a) Coffee Road/Meany Avenue - Install signal, add north bound left
and dght turn lanes, 3.49% share.
b)
Fruitvale Avenue/Meany Avenue - Add west bound left turn lane,
1.89% share.
S~GPA 4Ih Qb' 2003AX)3-1176~Exhibit C431dilkx)s.doc
ORIGINAL
c)
Calloway Drive/Rosedale Highway - Add east, west and north
bound left turn lanes, north and south bound through lanes, north
bound right turn lane, 0.69% share
d) Coffee Road/Rosedale Highway - Add east bound right turn lane,
3.24% share
e)
Fruitvale Avenue/Rosedale Highway - Add north, east and west
bound left turn lanes, add north, east and west bound right turn
lanes, 1.8% share
Reqional Transportation Impact Fee - Pay the standard residential fees,
as adopted at time of development, for the residential portions.
ORIGINAL
EXHIBIT C
General Plan Amendment No. 03-1176
Mitigation Monitoring and Reporting Checklist
No. VERIFICATION OF COMPLIANCE
M(mit0fing and Pa~
MifigafJon Measure Repo~ling Mcnitoring Responsible
Review Approval Department
1) The developer shall property and routinely
2) The developer shall shut down equipment when
3) The developer shall encourage ride sharing and
use of transit transportation for consffuction
employee communting to the project site.
4) The developer shall use electric equipment for
fired equipment.
purposes, shall be effectively stabtizeq of dust
cover, or vegetative ground cover.
2) All onsite unpaved roads and offsite unpaved
access roads shall be effectively stablized of dust
emissions using water or chemical stabtizerl
3) All land clearing, grubbing, soraping,
excavation, land leveling, grading, cut and fill, and
fugitive dust emselons utilizing application of water
or by presoaking.
4) When materials am transported offsite, all
of freeboard space from the top of the container
ORIGINAL
5) All operations shall limit or expeditiously remove
the accumulation of mud or di~t from adjacent
public streets at the end of each workday. (The
use of dry rotary bnJshes is expressly prohibted
except where p~ceded Or accompanied by
sufficient wetting to limit the visible dust emissions.
Use of blower devices is expressly forbidden).
6) Following the addition of materials to, or the
removal of materials from, the surface of outdorxr
storage piles, said piles shall be effectively
stablized of fugitive dust emissions utilizing
sufficient water or chemical stablizer/suppressant.
7) 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.
8) Any site with 150 or more vehicle trips per day
shall prevent cam/out and trackout.
9) Asphalt-concrete paving shall comply with San
Joaquin Valley Air Pollution Control District Rule
4641 and restrict the use of cu[back, slow-cure and
emulsified asphalt paving materials.
10) Cease grading activities dudng pedods of high
winds (greater than 20 mph over a one-hour
pedod).
11) Limit construction-related vehicle speeds to 15
mph on all unpaved area at the constructions site.
12) Wash off construction and haul trucks to
minimize ~he removal of mud and dirt from the
project sites.
Page 2 of 3
ORIGINAL
EXHIBIT C Cont.
General Plan Amendment No. 03-1176
Mitigation Monitoring and Reporting Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring and Pan"/
Mi~gati0n Measure Reporiing Monitoring Responsible
Process Milesteee for Monitoring
Initials Date Remarks
2 TRAFFIC IMPACT MITIGATION MEASURER Construction Construction Public Works
Review Approval Departreent
A. Pay the proportionate share of the following
mitigation measures (not paid for by the Regional
Transportation Irepact Fee - RTIF) as indicated in
Table 7 of the treffic study. An estimate and fee
schedule shall be developed by the applicant and
approved prior to mcordatJon of a map or issuance
of a building permit.
1) Coffee Road/Meany Avenue - Install signal,
add no~th bound left and right tam lanes. 3.49%
share.
2) Fruitvale Avenue/Meany Avenue - Add west
bound left turn lane, 1.89% share.
3) Calloway Drive/Rosedale Highway - Add east,
wast and north bound left turn lanes, no~h and
south bound through lanes, north bound right turn
lane, 0.89% share
4) Coffee Road/Rosedale Highway - Add east
bound right rum lane, 3.24% share
5) Fruitvale Avenue/Resedale Highway - Add
north, east and west bound left turn lanes, add
north, east and wast bound right rum lanes, 1.8%
share
Regional Transportation Ireeact IF~ - Pay the
standard residential fees, as adopted at time of
development, for the residential portions.
S:tGPA 4th Qtr 20~3103-11761Mit Monitoring. doc
Page 3 of 3
ORIGINAL