HomeMy WebLinkAboutRES NO 041-04RESOLUTION NO. 0 4 ~. "04
RESOLUTION MAKING FINDINGS, APPROVING THE
NEGATIVE DECLARATION, UPHOLDING THE APPEAL
OF GENERAL PLAN AMENDMENT 03-1192, AND
ADOPTING GENERAL PLAN AMENDMENT 03-1192 OF
THE LAND USE 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 03-1192 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 02-1192 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 03-1192
Old River Road, LLC. has applied for an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan changing the land use designation
from R-iA (Intensive Agriculture) to LR (Low Density Residential) on 77.80 acres
located along the south side of Panama Lane and the east side of Old River
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 Mitigated
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. 03-1192 on December 18, 2003, the Planning
Commission recommended approval of the Mitigated Negative Declaration and disapproval of
General Plan Amendment 03-1192, and this Council has fully considered the findings made by
the Planning Commission as set forth in that Resolution; and
WHEREAS, Planning Commission findings pertinent to disapproving the project are as
follows:
1. The proposed project is inconsistent with the surrounding agricultural activities.
The proposed project is inconsistent with the Metropolitan Bakersfield General
Plan regarding the conversion of prime agricultural land.
The proposed project is premature for this location and may lead to premature
development in the general area. C~ ~'~'t'-~4,d,
ORIGINAL
Public safety, general welfare and good planning practices do not justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
WHEREAS, on December 23, 2003, the Lusich Company, on behalf of the applicant,
filed an appeal of the of the Planning Commission recommendation; 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, March 10, 2004 on the above described appeal by the applicant and General
Plan Amendment 03-1192 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
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
Based on the initial study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Mitigated Negative Declaration was prepared for the
project in accordance with CEQA.
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.
2
ORIGINAL
2. The Mitigated Negative Declaration for General Plan Amendment 03-1192 is hereby
approved and adopted.
3. The report of the Planning Commission, including maps and ail reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council,
is hereby received and accepted.
4. The City Council hereby approves and adopts the Mitigated Negative Declaration,
approves the applicant's appeal, rejects the Planning Commission's recommendation of
disapproval and adopts the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General, constituting changes as shown on the map marked Exhibit A2, for that
site generally located along the south side of Panama Lane and the east side of Old River Road
subject to mitigation measures/conditions of approval shown on Exhibit Al.
5. That General Plan Amendment 03-1192, approved herein, be combined with other
approved cases, approved February 25, 2004, described in separate resolutions, to form a
single Land Use Element Amendment.
......... O00 .........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
COL~
;~;)"0[ 2[t')'Ej~IU4 City of Bakersfield at a regular meeting thereof held on
by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, ~;MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB 2 5 20D4
rvHIAayRoVr EofYt~; ~Lo, Bake rsf ield ~
ORIGINAL
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBITS
A1 Mitigation
A2 GPA Map
S:\Dole\03-1192\CC GPA RES Approve.doc
ORIGINAL
EXHIBIT A1
MITIGATION/CONDITIONS
General Plan Amendment 03-1192
Negative Declaration/Initial Study
Planning
Planninq
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.
Aqricultural Conversion Study (The Lusich Company)
The following note shall appear on all final maps:
"Neiqhborinq Business Activity Statement:
The County of Kern encourages operation of properly conducted business
in agricultural, oil, mining, manufacturing, and other nonresidential
operations within the County. If the property you are purchasing is located
near these businesses, you may be subject to inconveniences or
discomforts arising from such operations to the extent allowed by law.
This notice does not waive your legal rights."
Air Quality Impact Study (WZI INC.)
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.
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.
Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth
under Regulation VJIJ, Fugitive PM, 0 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 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.
ORIGINAL
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
su~ace 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)
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.
Traffic Study (Ruettgers & Schuler)
Intersection and street improvements which are needed by the year 2023 to maintain or
improve the operational level of service of the street system in the vicinity of the project
are shown in Table 7. The table also identifies which improvements are not covered by
the Regional Transportation Impact Fee (RTIF) program and the project's percent share
for the cost of all non-RTIF (local mitigation) improvements. Intersection LOS with
mitigation improvements is shown in Tables 3 and 4.
Future Street Improvements
and Local Mitigation Percentages
# Total Improvements Improvements not Project %
Intersection Required by 2023 Covered by RTIF Sham for Local
Mitigation
3 Old River Rd & Install Signal - 1 EBL 1 EBL (Stripe Only) 5.57%
Campus Park Dr
4 Old River Rd & Install Signal- 1 1 WBL* 7.63%
Harris Rd NBL,
ORIGINAl_
1 WBL, 1 SBL, 1
EBL
5 Buena Vista Rd & Install Signal - 1 None 3.04%
Panama Ln NBL,
1 WBL, 1 SBL, 1
EBL
6 Mountain Vista Dr & Install Signal- 1 1 NBL*, 1 SBL* 3.92%
Panama Ln NBL,
1 WBL, 1 SBL, 1
EBL
7 Old River Rd & Install Signal - 1 None 7.59%
Panama Ln NBL,
1 WBL, 1 SBL, 1
EBL
8 Progress Rd & Install Signal- 1 Install Signal- 1 6.62%
Panama Ln NBL, NBL,
1 WBL, 1 SBL, 1 1 SBL
EBL
9 Gosford Rd & Install Signal- 1 None 3.85%
Panama Ln NBL,
1 NBR, 1WBL, 2
SBL, 1 EBL
10 Reliance Dr & Install Signal - 1 1NBL*, 1 SBL 2.97%
Panama Ln NBL, (Stripe Only)
1 SBL, 1 EBT
11 Ashe Rd & Install Signal- 1 None 2.03%
Panama Ln NBL,
1 EBT
12 Golden Gate Dr & Install Signal - 1 1 NBL*, SBL 1.43%
Panama Ln NBL, (Stripe Only)
1 SBL
Assumed to be constructed by adjacent development
NB= North Bound
SB= South Bound
WB= West Bound
EB= East Bound
L- Left Turn Lane
T= Through Lane
R= Right Turn Lane
Traffic generated by the proposed 77.5-acre residential development will have minimal
impact on existing and future traffic operations in the vicinity of Panama Lane and Old
River Road. Therefore, it is recommended that the project pay the proportionate share
for the local mitigation improvements identified in Table 7 and the standard per-lot rate
for residential development under the Regional Transportation Impact Fee program.
Public Works
With submittal of a land division or Lot Line Adjustment application,
provide dedication of Old River Road and Panama Lane to arterial and
collector standards, including expanded intersections.
ORIGI. ~AL
Submit a comprehensive 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.
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 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.
Local Mitigation
Pay the proportionate share of the following mitigation measures (not paid
for by the Regional Transportation Impact Fee - RTIF nor included with
normal development improvements) as indicated in Table 7 of the traffic
study . An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a
building permit.
Progress Road/Panama Lane - Install signal, add north and south bound
left turn lanes, 6.62% share
Reliance Drive/Panama Lane - Stripe south bound left turn lane, 2.97%
share
Golden Gate Drive/Panama Lane -
1.43% share
Stripe south bound left turn lane,
Regional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development, for
the residential portions.
P:~03-1192~vtitigation.doc
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OLD RIVER ROAD
PROGRESS ROAD
GOSFORD ROAD
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ORIGINAL