HomeMy WebLinkAboutRES NO 243-04RESOLUTION NO. 2 4 3" 0 Z[
RESOLUTION MAKING FINDINGS, UPHOLDING THE
APPEAL, APPROVING THE MITIGATED NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT 04-0435 OF PROPOSED AMENDMENT TO
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 04-0435 of the
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 cimulation; and
WHEREAS, General Plan Amendment 04-0435 an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 04-0435
and
SMITHTECH/USA has requested an amendment to the Metropolitan Bakersfield
General Plan changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential on 80± acres generally located along
the south side of Panama Lane approximately 1,485 feet east of Buena Vista
Road;
WHEREAS, for the above-described General Plan Amendment 04-0435, 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 posted on
May 19, 2004 in accordance with CEQA; 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, on June 17, 2004, the Planning Commission recommended disapproval of
General Plan Amendment 04-0435; and
WHEREAS, the Planning Commission found as follows:
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.
Based on the initial study and comments received, staff has determined
that the proposed project R-IA ((Resource-Intensive Agriculture) to LR
(Low Density Residential) on 80± acres, could not have a significant effect
on the environment. A Mitigated Negative Declaration was prepared for
the project in accordance with CEQA.
OR!C;!NAL
Mitigation measures are approved and shown on Exhibit A 1.
The proposed project is inconsistent with the adjacent agricultural land uses.
The proposed project is inconsistent with the Metropolitan Bakersfield General
Plan policies.
The public necessity, general welfare and good planning practices do not 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 Mitigated Negative Declaration for this project.
WHEREAS, on June 24, 2004, SMITHTECH/USA, INC. filed an appeal of the of the
Planning Commission recommendation; and
WHEREAS, the Council has considered the applicant's appeal of the Planning
Commission recommendation of disapproval; 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 appeal by the applicant and General
Plan Amendment 04-0435 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
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 A 1 are included in
the project to ameliorate impacts.
5. The proposed project is consistent with the surrounding land uses.
ORIGINAl
6. 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 minims"
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, IT IS HEREBY FOUND AND RESOLVED as follows:
1. The above recitals, incorporated herein, are true and correct.
The Mitigated Negative Declaration for General Plan Amendment 04-0435 is
hereby approved.
3. 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 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 General Plan Amendment 04-0435 of the
proposed amendment to the Metropolitan Bakersfield General Plan, constituting
changes as shown on the map marked Exhibit A 2, for that site generally located along
the south side of Panama lane and approximately 1,485 feet east of Buena Vista Road
subject to Mitigation measures/conditions of approval shown on Exhibit A 1.
5. That, General Plan Amendment 04-0435 approved herein, be combined with
other approved cases described in separate resolutions, to form a single Land Use
Element Amendment.
6. 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.
3
OR~GlrqAL
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
AU~ ~_ .~ Z~n~ by the following vote:
' COUNCILMEMBER C~)U.~ C_.~ARS.ON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER v I'
ABSTAIN: COUNCILMEMBER
ABSENT: COUNClLMEMBER
PAMELA A. McCARTHY, CMC(/]
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBITS
A1 Mitigation
A2 GPA Map
S:\Dote\04-0435\CC GPAR LUE.DOC
4
OR!GINAL
EXHIBIT A 1
MITIGATION
General Plan Amendment/Zone Change 04-0435
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 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 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.
TRAFFIC STUDY
Intersection and street improvements which are needed by the year 2024 to maintain or improve
the operational level of service of the street system in the vicinity of the project are shown on
Table A 1. 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
ORIGINAL
Exhibit 1 Mitigation Measures
GPA/ZC 04-0435
Page 2
Table A 1
Traffic Study Mitigation
Future Improvements and Local Mitigation*
Loca['Mitigation Project %
Total Improvements (Improvements not Share for Local
# Intersection Required by 2024 covered by RTIF) Mitigation
2 Buena Vista Rd & Install Signal- 1 EBL, 1 1 EBL, 1.81%
Campus Park Dr WBL I WBL (Striping Only) (2.7%)
3 Buena Vista Rd & Install Signal- 1EBL, 1 2.76%
Pacheco Rd WBL, 1 NBL, I SBL 1 WBL (4.36%)
4 Buena Vista Rd & Install Signal- 1EBL, 1 4.63%
Harris Rd WBL, 1 NBL, 1 SBL 1 EBL, 1 WBL (7.77%)
5 Mountain Vista Dr Install Signal- 1 EBL, 1 Install Signal- 1 EBL, 2.64
& Harris Rd WBL, I NBL, 1SBL I WBL, 1NBL, I SBL
(2.64%)
6 Old River Rd & Install Signal - 1 EBL, 1 4.77%
Harris Rd WBL, 1 NBL, 1 SBL 1 EBL, 1 WBL (4.77%)
Install Signal - 2 EBL, 1
7 Allen Rd & EBT, 2WBL, 1 WST, I 2 EBL, 1EBT, 1 NBL, 1.13%
Panama Ln NBL, 1 NBR, 1 SBL, 1 SBT 1 NBR (1.28%)
Install Signal- 1 EBL, 1
8 Bariow Rd & EBT, 1 WBL, 1 WBT, 1 1.54%
Panama Ln NBL, 1 SBL 1 NBL, I SBL (1.71%)
Install Signal- 1 EBL, 1
9 Buena Vista Rd & EBT, I WBL, 1 WBT, 1 _ 5.57%
Panama Ln NBL, I NBT, 1 SBL (7.41%)
Install Signal - 2 EBL, 1
10 Mountain Vista Dr EBT, 1 EBR, 2WBL, 1 7.77%
& Panama Ln WBT, 2 NBL, 2 SBL 2 NBL, 2 SBL (8.8%)
Install Signal- 1EBL, 1
11 Old River Rd & EBT, 1 WBL, 1 WBT, 1 _ 3.36%
Panama Ln NBL, 1 SBL (3.94%)
Install Signal- 1EBL, 1
12 Progress Rd & EBT, 1 WBL, 1 WBT, 1 Install Signal - 1 2.44%
Panama Ln NBL, I SBL NBL, 1 SBL (2.99%)
Install Signal - 2 EBL, 1
13 Gosford Rd & EBT, 2 WBL, 1 WBT, 2 _ 0.9%
Panama Ln NBL, 1 NBT, I SBL, 1 SBT (1.27%)
14 Mountain Vista Dr Install Signal, 1 EBL, I Install Signal- 1 ESL, 2.4%
& Coulter Rd WILL, I N[~L, 'I9[~L lW[~L, t NI~L, 1 SI~L (2.4o/°)
' RUE3q'GERS & SCHULER C~WL ENGINEERS: 2004.
(%) Caltrans percent share calculation method
NB = Northbound
SB = Southbound
WB = Westbound
EB = Eastbound
L = Left Turn Lane
T = Through Lane
R = Right Lane
Exhibit 1 Mitigation Measures
GPA/ZC 04-0435
Page 3
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 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 stabilizedsuppressant, 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 stabilizedsuppressant.
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.
0 ...... 4A=
Exhibit 1 Mitigation Measures
GPA/ZC 04-0435
Page 4
· 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 carryoutJtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVUAPCD Regulation VIII.
S:~Dole~O4-O435\Final Mitigation Exhibit A 1 .doc
OR',G!~;AL
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