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HomeMy WebLinkAboutRES NO 284-04RESOLUTION NO. 2 8 ~:" 0 '~ A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, UPHOLDING THE APPEAL, AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 04-0870 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF PALADINO DRIVE AND EAST OF MORNING DRIVE. 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 THURSDAY, September 16, 2004, on GPA 04-0870 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given twenty (30) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 04-0870, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0870. Griffin Industries (owner: David Afana) has proposed an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan to change the land use map designation from R-MP (Resource-Mineral and Petroleum) to LR (Low Density Residential) on 134 acres of land. The project site is currently zoned R-1 (One-Family Dwelling); and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures are adopted for potential impacts to cultural resources, air quality, and transportation and traffic, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on August 14, 2004, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, by Resolution No. 125-04 on September 16, 2004, the Planning Commission denied Case No. GPA 04-0870, as shown in Exhibit "A", and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the decision of the Planning Commission was appealed by the applicant. 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, October 20, 2004, on the above described Case No. GPA 04-0870 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 rtl ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. 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 State of California Department of 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 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 Negative Declaration, with mitigation measures, for GPA 04-0870 is hereby adopted. 4. The appeal by the applicant is hearby upheld. The City Council hereby approves and adopts Case No. GPA 04-0870 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "A", with conditions of approval/mitigation measures as provided in Exhibit "B", attached hereto and incorporated as though fully set forth, for property located south of Paladino Drive and east of Morning Drive. The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is hereby adopted. ......... O00 ........ 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 October 20, 2004, by the following vote: 2 ABSTAIN: ABSENT: COUNCILMEMBER BENHAM, CAR'~ON, COU~'H, HAN~N, MAG'~ARD, SAL~-AGGIO, SULLIVAN COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL f ~ of Bakersfield Mayor of the Cit~ APPROVED as to form: VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval/Mitigation Measures Exhibit C - Mitigation Monitoring Plan 3 EXHIBIT A rtl Z r'rl Z Z Z C> 0 O0 0 EXHIBIT B GPA NO. 04-0§70 CONDITIONS OF APPROVAL/MITIGATION MEASURES PUBLIC WORKS: Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Paladino Drive and Morning Drive to Arterial 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. A portion of the area is within the Breckenridge Planned Drainage Area. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. The southern half of this area is within a proposed PDA. However, the new zoning will require the sump size to increase. A sump is required for the northern half of the site and the study will determine if the southern side can be served by the PDA. 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 GPA/ZC 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 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) Prior to issuance of any building permit, the developer shall pay the proportionate share of the following mitigation measures: Project Share of Intersections Mitiqation Mitiqation (%) New Collector Install Signalize - and Paladino Dr. 1 NBL, 1 SBL 7.99% Vineland Road 1 NBL, and Paladino Dr. 1 SBL 5.45% Morning Dr. and 1 EBL, Panorama Dr. 1 WBL 17.55% Fair[ax Rd and Auburn St. 1 EBL, 1 EBR 1 WBL, 1 NBL 5.22% Prior to development or recordation of any subdivision the project engineer shall prepare, and have approved, an estimate and fee schedule for these local mitigation items. Regional Transportation Impact Fee Pay the standard residential fees, as adopted at time of development, for the residential portions. PLANNING: 6.) The following mitigation measures for construction equipment exhaust shall be implemented: a) The developer shall properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) The developer shall encourage ride sharing and use of transit transportation for construction employee communting to the project site. d) The developer shall use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. e) The developer shall curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity 7.) during the peak-hour of vehicular traffic on adjacent roadways. The following mitigation measures for fugitive dust emissions shall be implemented: a) For all disturbed areas, including storage piles, which are not being actively utilized for construction purposes, the developer shall effectively stablize dust emissions using water, chemical stablizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) For all onsite unpaved roads and offsite unpaved access roads, the developer shall effectively stablize of dust emissions using water or chemical stablizer/suppressant. c) For all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities, the developer shall effectively control fugitive dust emssions utilizing application of water or by presoaking. d) When materials are transported offsite, the developer shall ensure that it is 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. e) For all operations, the developer shall limit or expeditiously remove the accumulation of mud or did from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibted except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly prohibited). f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, the developer shall ensure that said piles are effectively stablized of fugitive dust emissions utilizing sufficient water or chemical stablizer/suppressant. g) The developer shall ensure that trackout is immediately removed when it extends 50 feet, or more, from the site and at the end of each workday. h) When any site has 150 or more vehicle trips per day, the developer shall prevent carryout and trackout. i) The developer shall ensure that all asphalt-concrete paving complies with San Joaquin Valley Air Pollution Control District Rule 4641. The developer shall also restrict the use of cutback, slow-cure and emulsified asphalt paving materials. J) The developer shall cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). 8.) k) The developer shall limit construction-related vehicle speeds to 15 mph on all unpaved areas on the project site. i) The developer shall implement carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. Mitigation measures proposed for reducing ROG emissions: a). Prior to issuance of a grading permit for Phase 1, the developer shall implement one or a combination of the following measures and/or programs to result in a reduction of ROG emissions of at least 1.69 tons per year. Prior to the issuance of a grading permit for Phase 1, the subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described above. The improvements for said project must be accepted by the Public Works Department prior to issuance of a grading permit for Phase 1. The project selected shall be a project that is not otherwise funded or constructed with the subject project site. The developer is responsible for all costs to determine the emission reductions associated with proposed Public Works projects. This documentation shall be submitted to the Planning Director prior to issuance of a grading permit for Phase 1. The projects used for the reduction in emissions can include one or more of the following types of projects: A. Construction of a new, warranted signal. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. Mitigation programs such as, but not limited to the following, may also be considered by the developer to achieve the same reduction in emissions as described above. A. Car crushing of older model cars. Modification to stationary diesel engines, such as those under agricultural use. C. Modification of fleet vehicles and/or other mobile sources. b). If one or more of these programs is selected by the developer, proof of compliance with these measures must be provided to the satisfaction of the Planning Director prior to the issuance of a grading permit for Phase 1. ORIGINAL 93 103 Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engine modified, photo documentation and quantification of emission reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant. Prior to submittal of any tentative parcel map or tract map, the developer shall hire a qualified professional archaeologist to conduct a field survey for the entire project site. The findings of said field survey shall be reported in a written format and submitted for review and approval to the Planning Director of the City of Bakersfield. If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall be halted in the area of the find and a qualified archaeologist shall be hired to assess the resource. EXHIBIT C GPA No. 04-0870 Mitigation Monitoring and Repoding Checklist No. VERIFICATION OF COMPLIANCE Monitoring and PShy Mitigation Measure Repo~ng Monitoring Responsible process Milestone for Monitoring Initials Date Remarks (1) The developer shall pay the prop(~tionate share to Construction Construction Public Works install a signal, I NBL, and I SBL at New Collector Review Approval Department and Paladino Ddve at 7.99%. (2) The developer shall pay the proportionate share to install 1 NBL and I SBL at Vineland Rood and Paladino Drive at 5.45%. (3) The developer shall pay the prop(3'tionate share to install 1 EBL and 1 WBL at Morning Drive and Panorama Drive at 17.55%. (4) The developer shali pay the proportionate share to install 1 EBL, 1 EBR, I WBL, and 1 NBL at Fairfax Road and Auburn Street at 5.22%. (5) Prior to submittal of any tentative parcel map or tract Construction Construction Planning map, the developer shall hire a qualified professional Review Approval Department archaeologist to conduct a field survey for the entire project site. The findings of said field survey shall be reported in a written format and submitted for review and approval to the Planning Director of the City of Bakersfield. (6) If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall be haJted in the area of the find and a qualified archaeologist shall be hired to assess the resource. (7) The following mitigation measures for construction equipment exhaust shall be implemented: a) The developer shall propedy and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) The developer shall encourage ride sharing and use of transit transportation for construction employee communting to the project site. d) The developer shall use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. e) The developer shall curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity dudng the peak-hour of vehicoJar traffic o~ adjacent roodways. The following mitigation measures for fugitive dust emissions shall be implemented: a) For all disturbed areas, including storage piles, which are not being actively utilized for construction purposes, the developer shall effectively stablize dust emissions using water, chemical stablized suppressant, covered with a tarp or other suitable cover, or vegetative ground cover, b) For all onsite unpaved roads and offsite unpaved access roads, the developer shall effectively stablize of dust emissions using water or chemical stablizer/suppressant. c) For all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities, the developer shall effectively control fugitive dust emssions utilizing application of water or by presoaking, d) When materials are transported offsite, the developer shall ensure that it is 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, e) For all operations, the developer 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 prohibted except where preceded or ac, cornpanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly prohibited), f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, the developer shall ensure that said piles are effectively stablized of fugitive dust emissions utilizing sufficient water or chemical stablizer/suppressa n t. g) The developer shall ensure that trackout is immediately removed when it extends 50 feet, or more, from the site and at the end of each workday, h) When the censtrucUon site has 150 or more vehicle tdps per day, the developer shall prevent carryout and trackout. i) The developer shall ensure that all asphait- concrete paving complies with San Joaquin Valley Air Pollution Control District Rule 4641. The developer shall also resthct the use of cutback, slow-cure and emulsified asphalt paving materials. j) The developer shall cease grading activities dudng pedods of high winds (greater than 20 mph over a o~e-hour period). k) The developer shall limit construction-related vehicle speeds to 15 mph on all unpaved areas on the project site. I) The developer shall implement carryoutYtrackout mifigatioo measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. Mitigation measures proposed for reducing ROG emissions: a). Pdor to issuance of a grading permit for Phase 1, the developer shall implement one or a combination of the following measures and/or programs to result in a reduction of ROG emissions of at least 1.69 tons per year. 1. Prior to the issuance of a grading permit for Phase 1, the subdivider shall fully construct a project or projects approved by the City Public Works Department that will result in the reduction of emissions as described above. The improvements for said project must be accepted by the Public Works Department prior to issuance of a grading permit for Phase 1. The project selected shall be a project that is not otherwise funded or constructed with the subject project site. The developer is responsible for all costs to determine the emission reductions associated with proposed Public Works projects. This documentation shall be submitted to the Planning Director pdor to issuance of a grading permit for Phase 1. The projects used for the reduction in emissions can include one or more of the following types of projects: Construction of a new, warranted signal. B. Modification of an existing signalized intersection to add additional left turn storage or dedicated right turn capability. 2. Mitigation programs such as, but not limited to the following, may also be considered by the developer to achieve the same reduction in emissions as described above. A. Car crushing of older model cars. B. Modification to stationary diesel engines, such as those under agricultural use. C. Modification of fleet vehicles and/or other mobile b}. If one or more of these programs is selected by the developer, proof of compliance with these measures must be provided to the satisfaction of the Planning Director pdor to the issuance of a grading permit for Phase 1. Proof of compliance may include documentation of the number, type and year of cars crushed; location and type of engine modified, photo documentation and quantification of emission reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant.