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HomeMy WebLinkAboutRES NO 235-04RESOLUTION NO. 2 3 5" 0 4 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-1539 OF PROPOSED AMENDMENT TO 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, JUNE 14, 2004 and THURSDAY, JUNE 17, 2004 on General Plan Amendment 03-1539 of a proposed amendment to 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 03-1539 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-1539 Mclntosh & Associates has applied for a general plan amendment changing the land use designation on 81_+ acres from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) generally located approximately 1,800 feet south of State Route-58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended); 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 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. 71-04, on June 17, 2004, the General Plan Amendment 03-1539 subject to conditions, mitigation measures listed in Exhibit A I 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, August 18, 2004 on the above described General Plan Amendment 03-1539 of the proposed amendment to 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 ©RIGINA[ 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. Mitigation Measures/Conditions of Approval shown on Exhibit A I 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 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. The Mitigated Negative Declaration for General Plan Amendment 03-1539 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 approves and adopts General Plan Amendment 03-1539 of the proposed amendment to 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 approximately 1,800 feet south of State Roure-58 along the south side of Shirley Lane (extended) between South Sterling Street (extended) and South Oswell Street (extended) subject to mitigation measures/conditions of approval shown on Exhibit A 1. ORIGINAL That General Plan Amendment 03-1539, approved herein, be combined with other approved cases described in separate resolutions, to form a single amendment to the Metropolitan Bakersfield General Plan. This Resolution shall not become effective until September 8, 2004, at such time as other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. ~ORIGINA~:~ the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by C~n_cil. Qf the City of Bakersfield eta regular meeting thereof held on AU[~i 8 2004 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN1 SALVAGGIO COUNClLMEMBER ~ ~ COUNClLMEMBER ~ ~ ~t ~ COUNCILMEMBER PAMELA A. McCARTHY, CI~'~: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 8 2004 HARVEY L. HALL Mayor of the City of APPROVED as to form VIRGINIA GENNARO City Attorney EXHIBITS: (Attached) A 1 Mitigation/Conditions A 2 GPA Map S:\Dole\03-1539\CC GPAR I.doc EXHIBIT A 1 MITIGATION/CONDITIONS GENERAL PLAN AMENDMENT 03-1539 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 amhaeological 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. If the Southern San Joaquin Valley Archaeological Information Center, CSUB has recommended that a qualified archaeologist conduct a field survey of the entire 8.19 acre site in order to determine if cultural resources exist, such study shall be submitted to the Planning Director with each of the following applications; parcel map, tract map or site plan review. Recreation/Parks Prior to recordation of any final phase of the map, the subdivider shall be required to satisfy the requirements for park land dedication and reservation. Prior to recordation of any final map, the subdivider shall enter into an agreement with the City to dedicate and reserve land for a public park in the vicinity of the southwest corner of VTM 6232. The configuration and specific location of the said park shall be consistent with Policy 47 of the Parks Element of the Metropolitan Bakersfield General Plan and subject to approval of the City's Recreation and Parks Director. Park shall have access from public streets. Air Quality The proposed project will have air pollution emissions associated with the construction and occupied use of the project site. This section summarizes the measures that are required to mitigate the emissions associated with the construction and occupancy of the project. 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: Mitigation G PA/ZC 03-1539 Page 2 · 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 VIII, 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. 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. Mitigation GPA/ZC 03-1539 Page 3 · 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. · Implementation of carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVUAPCD Regulation VIII. CONDITIONS PUBLIC WORKS Prior to submission of any improvement plans for any development in the GPA/ZC area, the following shall occur: Provide fully executed dedication for South Sterling Road, Oswell Street and Shirley Lane to arterial and collector standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 2 sumps may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPAJZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 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 Mitigation GPA/ZC 03-1539 Page 4 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. 4. TRAFFIC COMMENTS: Local Miti(3ation Pay the proportionate share of the following mitigation measures as indicated in Table 6 of the traffic study: Brundage Ln/Mt Vernon Ave - add east and west bound through lanes, 3.77% of $10,000 (striping only) = $377 project share Brundage Ln/Oswell St - add east and west bound left turn lanes, add east and west bound through lanes, add north and south bound right turn lanes, 4.53% share of $180,000 = $8,157 project share Total project share $8,535 ($27.36 per lot) Reqional Transportation Imoact Fee The study provided an analysis of the project share of the impact fee as it applies to facilities on the impact list in the immediate area. The impact fee is regional and has been computed and spread evenly over the entire city. This development will not add new lots but shift growth to a different area of the city based on historic growth rates. The current fee provides for mitigation of the regional facilities and payment of any lower amount will result in a lack of full mitigation funding. This is contrary to the adopted policy of the RTIF Administrator for projects of this magnitude. The local mitigation provided above accounts for the new impacts due this shift in growth. 5. Pay the full regional transportation impact fee as adopted at time of development. PLANNING DEPARTMENT The discovery of- or damage to any well during excavation, grading, construction or other activity shall be immediately reported to the Department of Conservation, Division of Oil, Gas & Geothermal Resources, Bakersfield Office. S:\Dole\03-1539~EXHIBIT A 1 Final Mit Cond .doc 0 ITl IT! Ill Z !