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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 BUENA F~i F) RIVFR ROAD !§ )~..--e.~,~z ..... ,, . ,r.-... § PROGRESS ROAD m z -H ORIGINAl