Loading...
HomeMy WebLinkAboutRES NO 036-04RESOLUTION NO. 0 3 6 '-O 4 A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING THE AMENDMENT TO THE RIVERLAKES RANCH SPECIFIC PLAN OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, CASE NO. GPA 03-1176, 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 the proposed amendment to the Rivedakes Ranch Specific Plan of the Metropolitan Bakersfield General Plan, Case No. GPA 03-1176, 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, Case No. GPA 03-1176, a requested amendment to the Riverlakes Ranch Specific Plan of the Metropolitan Bakersfield General Plan is as follows: Kathryn McWhorter with DeWalt Corporation has proposed to amend the Riverlakes Ranch Specific Plan 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. 184-03 on December 18, 2003, the Planning Commission approved the amendment to Rivedakes Ranch Specific Plan, 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 Riverlakes Ranch Specific Plan 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 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 Case No. 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 Riverlakes Ranch Specific Plan 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. ------.oO0 ...... 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 COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER 2 ORIGINAL PAMELA A. McCA-R'~I:I~', ~C CITY CLERK and Ex Officio ~ierk of the Council of the City of Bakersfield APPROVED FEB 1 1~)4 Mayor of the City of Baker~fi/M'd APPROVED as to forg~: VIRGINIA GENNA~::~ City Attorney / ~ Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval Exhibit C - Mitigation Monitoring and Reporting Checklist ORIGIN.~,L AVENUE ORIGINAL EXHIBIT B RIVERLAKES RANCH SPECIFIC 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 Qti' 2003~3-1176~t C<)ndilio~.d0c 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 during periods 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. 2 ORIGINAL e) 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 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. 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. I) Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. TRAFFIC IMPACT MITIGATION MEASURI=R: 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 4~ Qff ~1176~Exhib~t Coodi~ons.~OC ORIGINAL Calloway Ddve/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 Regional Transportation Impact Fee - Pay the standard residential fees, as adopted at time of development, for the residential portions. ORIGINAL EXHIBIT C Rivedakes Ranch Specific Plan Amendment No. 03-1176 Mitigation Monitoring and Reporting Checklist No. VERIFICATION OF COMPLIANCE Monitoring and Pa~ Mitigation Measure Reporting Monlto~ing Res~0onsible Process Milestone for Monitoring Initials Date Remarks 1 AIR QUALITY IMPACT MITIGATION MEASt.JRI=~ Construction Construction Planning Review Approval Department A. Mitigation measures proposed for construction equipment exhaust: 1) The developer shall propedy and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. 2) The developer shall shut down equipment when not in use for exfanded pededs of time to reduce emissions associated with idling engines. 3) The developer shall encourage dde shadng and use of transit transportation for construction employee communting to the project site. 4) The developer shall use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. 5) The developer shell curfail construction dudng pedods of high ambient pollutant concentrations; this may include ceasing of construction activity dudng the peak-hour of vehicular traffic on adjacent roadways. B. Mitigation measures for fugitive dust emissions: 1) Ail disturbed areas, inctuding storage piles, which am not being actively utilized for construction puqx)ses, shall be effectively sfablized of dust emissions using water, chemical sfablizer/ suppressant, covered with a farp or other suitable cover, or vegetative ground cover. 2) All onsite unpaved roads and offsifa unpaved access roads shall be effectively stablized of dust emissions using water or chemical sfablizer/ suppressant. 3) All lind clearing, grubbing, scraping, excavation, lind leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emseions utilizing application of water or by ~esoaking. 4) When materials ara transported offsite, all matedsl shall be covered, or effectively watteq to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. I 5) All operations shall limit or expeditiously remove the accumulation of mud or dirt Eom adjacent public streets at the end of eacfl workday. (The use of dry rotary brushes is expressly prohibted except where preceded or accompanied by sufficient weffing to limit the visible dust emissions. Use of blower devices is expressly forbidden). 6) Following the addition of materials to, or the removal of materlais from. the surface of outdoor 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 immadiataly 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 Potiution Control Disthct Rule 4641 and restrict the use of outhack, slow-cure and emulsified asphalt paving materials. 10) Cease grading activities during pedods of high winds (greater than 20 mph over a one-hour period)~ 11) Limit construction-related vehicle speeds to 15 mph on ati unpaved area at the constructions site. 12) Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. ~m 2 of 3 0RIGIN.~L EXHIBIT C Cont. Riveriakes Ranch Specific Plan Amendment No. 03-1176 Mitigation Monitoring and Reporting Checklist No. VERiFICATiON OF COMPLIANCE Monitoring and Parly Mifigaf~on Measure Repo~ng Monito~ng Restx~sible Process Milestone for Monitoring Ini~als Date Remarks 2 TRAFFIC IMPACT MITIGATION MEASU~F~ Construction Construction Public Works Review Approval Deparbnent A. Pay the proportionate share of the following reitigaben measures (not paid for by the Regional Transpo~'tation Irepact Fee - RTIF) as indicated in Table 7 of the traffic study. An estimate and fee schedule shall be devetobed by the applicant and approved pdor to recordation of a map or issuance of a building permit. 1) Coffee Road/Meany Avenue - Install signal, add no~h bound left and dght turn lanes, 3.49% share. 2) Fruitvale Avenue/Meany Avenue - Add west bound left turn lane, 1.89% share. 3) Calloway Ddve/Rosedale Highway - Add east, west and north bound left turn lanes, no,Ih and south bound thro~Jgh lanes, north bound dght turn lane, 0.69% share 4) Coffee Road/Rosedale Highway - Add east bound dght turn lane, 3.24% share 5) Fruitvale Avenue/Rosedale Highway - Add north, east and west bound left turn lanes, add no~th, east and west bound dght turn lanes, 1.8% share Reeional Transportation Ireeact Fee - Pay the standard residential fees, as adopted at tiree of development, for the residential borons. S:tGPA 4th Qtr 2003~03.1176~Mit Monitodng, doc Page 3 of 3 ORIGINAL