Loading...
HomeMy WebLinkAboutRES NO 255-04 255-04 RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-0422 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE SOUTH SIDE OF McCUTCHEN ROAD, GENERALLY BETWEEN ASHE ROAD AND STINE ROAD. (Ward 6). 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 16, 2004, on Case No. 04-0422 of a proposed amendment to the Land Use Element of the 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, such General Plan Amendment No. 04-0422 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0422: SMITH TECH/USA, INC., for Thomas Mitchell Asha ET. AL. for the ASHE FAMILY TRUST applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 77 acres. The project site is located along the south side of McCutchen Road, generally between Ashe Road and Stine 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 Negative Declaration with mitigation 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 Bakerafield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 67-04 on June 16, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-0422 subject to conditions and mitigation listed in Exhibit "A" 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 headng on WEDNESDAY, September 8, 2004, on the above described General Plan Amendment No. 04-0422 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 headng by publication in the Bakersfield Californian, a local newspaper of general circulation; and ~K~ o ~ ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by pdor wdtten agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 04-0422 is hereby recommended for approval. The General Plan Amendment 04-0422 is hereby approved to LR (Low Density Residential) on 77 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. That the project site is ¼ofa mile from the existing sewer treatment facility. This will meet the Public Works Director recommendation. As to General Plan Amendment 04-0422 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 77 acres, as requested by the applicant and shown on attached map in Exhibit "B", located along the south side of McCutchen Road, generally between Ashe Road and Stine Road, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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 Negative Declaration for General Plan Amendment No. 04-0422 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 No. 04- 0422 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property 2 ORIGINAL generally located along the south side of McCutchen Road, generally between Ashe Road and Stine Road, subject to conditions of approval shown on Exhibit That Case No. 04-0422, approved heroin, be combined with other approved cases in this general plan amendment cycle described in separate rosolutions, to form a single Amendment to the Land Use Element of 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. ORiulNAL 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 SEP by the following vote:  COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD, HANSON. SULLIVAN, SALVAGGIO COUNC LMEMBER_ ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER ~:~l~,-~t ~' · ~ PAMELA A. McCARTHY, (~IC CITY CLERK and Ex OfficiO/Clerk of the Council of the City of Bakersfield APPROVED SEP 0 8 2004 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:~GPA 2nd 2004~04-0422~ResolutJon s~res ,g pa_cc.doc 4 ORIGINAL EXHIBIT A Conditions of Approval General Plan AmendmentJZone Change No. 04-0422 If human remains are discovered at any time on the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code) and the local Native American community, shall be notified. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. It is anticipated that the General Plan Amendment / Zone Change project site will pay the current Regional Transportation Impact Fee. The following table (Table 7 - Future Improvements and Local Mitigation) identifies which improvements are not covered by the Regional Transportation Impact Fee (RTI F) program and the project's percent share for the cost of all non-RTIF (local mitigation) improvements. The project is subject to these improvements. Table 7 Future Improvements and Local Mitigation # Intersection Total Improvements Local Mitigation Project % Required by 2024 (Improvements not Share for Local covered by RTIF) Mitigation 1 Ashe Rd & Panama Ln Install Signal- 1 NBL, 1 SBL - - - 1.27 % (2.59%) 4 Stine Rd & Berkshire Rd Install Signal - 1 EBL, 1 WBL, 1 EBL, 1 WBL 3.9% 1 NBL, 1 SBL (6.48%) 7 Stine Rd & McCutchen Rd install Signal - 1 EBL, 1 WBL, - - - 5.36% 1 NBL, 1 SBL (8.21%) 10 Stine Rd & McKee Rd Install Signal- 1 EBL, 1 WBL, 1 EBL, 1 WBL 4.91% 1 NBL, 1 SBL (7.05%) 11 Ashe Rd & Install Signal - 1 EBL, 1 WBL, 1 NBL 3.53% Taft Hwy- SR 119 1 NBL, 1 SBL (7.3%) 12 Stine Rd & Install Signal- 1 EBT, 1 NBL, 1 NBL 1.55% Taft Hwy - SR 119 1 SBL (3.42%) Source: Traffic Study by Ruettgers & Schuler, April 2004. 5. The project is also subject to the improvements identified in Tables 3, 3a, and 4 below. ORiGiNAL GPNZC 04-0422 Conditions of Approval Page 2 Table 3 PM Peak Hour Level of Service Unsignalized Intersections # Intemectlon Movement 2004 2004+ 2024 2024+ 2024+ Project Project Project wlMitigationl 1 Ashe Rd & Panama Ln Overall E E F F C Intersection 3 Ashe Rd & Berkshire Rd EB C C WB C C 4 Stine Rd & Berkshire Rd EB F F C WB B B F F 5 Ashe Rd & EB C C McCutchen Rd WB C C 6 Golden Gate Dr & Overall A B McCutchen Rd Intersection 7 Stine Rd & EB F F C McCutchen Rd WB B B F F 8 Ashe Rd & McKee Rd WB B B 9 Golden Gate Dr & Overall A A McKee Rd Intersection 10 StineRd& EB E F C McKee Rd WB A A D D 11 Ashe Rd NB C C F F C Taft Hwy - SR 119 SB C C F F 12 Stine Rd & NB C C F F C Taft Hwy- SR 119 SB D D F F 1 See Table 7 above for mitigation improvements. Source: Traffic Study by Ruettgers & Schuler, April 2004. Table 3a AM Peak Hour Level of Service Unsignalized Intersections # Intersection Movement 2004 2004+ 2024 2024+ 2024+ Project ProJect Project w/Mitigation1 11 AsheRd& NB B C E F C Taft Hwy - SR 119 SB C C F F 12 Stine Rd & C C F F C Taft Hwy - SR 119 D D F F 1 See Table 7 above for mitigation improvements. Source: Traffic Study by Ruettgers & Schuler, April 2004. ,~,R,G~NAL GPNZC 04-0422 Conditions of Approval Page 3 Table 4 PM Peak Hour Level of Service Signalized Intersections # Intersection 2 St ne Rd & Panama Ln 2004 2004+ 2024+ Project Project B B 2024 C 1 See Table 7 above for mitigation improvements. Source: Traffic Study by Ruettgers & Schuler, April 2004. C 2024+ Project wlMitigtionl The following Air Quality mitigation measures, in addition to those required under Regulation VIII, shall apply to development of the project site. ao 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 dudng the peak-hour of vehicular traffic on adjacent roadways. 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. 0R GINAL GPNZC 04-0422 Conditions of Approval Page 4 po 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 or 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 construction site. The below-listed control measure provides a strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic congestion for the purpose of reducing motor vehicle emissions. These features were incorporated into the emission estimates for the project and are therefore required in order to achieve the emission level presented in the Air Quality Analysis for the project. incorporate sidewalks throughout the project, with adequate safety signage and appropriate lighting. Connect sidewalks to any open space or racreational araas and to nearby transit loading areas and/or shelters. ORiG',NAL GPNZC 04-0422 Conditions of Approval Page 5 bo Provide pedestrian and bicycle facilities, including street trees to shade the walkways and/or bikeways, and adequate bicycle parking. Select deciduous trees and locate them on southern and/or western exposures to shade structures in summer and allow sun in winter. Install electrical outlets and/or natural gas lines in backyard or patio areas to encourage electric landscaping equipment use and natural gas barbecues. Payment of traffic mitigation fees. MO:djl S:~GPA 2nd 2004~4-0422~Admin SR\ConditJons - Exh A.doc ~ % A K .,.,.,9~9 C~'~i©!NAL ~5 5 EXHIBIT NO.