HomeMy WebLinkAboutRES NO 294-04RESOLUTION NO. 294- 04
A RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, DENYING THE APPEAL, AND
APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA
03-1169 OF THE PROPOSED AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER
OF ASHE ROAD AND PANAMA LANE.
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 03-1169 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 (20) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, GPA 03-1169, a requested amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 03-1169. The proposal is an amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan by changing the
land use designation from HR to LMR on 11.86 acres and from GC (General
Commercial) to LMR on 8.22 acres; 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 air quality and cultural
resources, and, therefore, a Negative Declaration with mitigation measures was prepared and
posted on May 7, 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, the Planning Commission determined that HMR would be the more
appropriate general plan designation to ensure development of this property for multifamily
uses; and
WHEREAS, by Resolution No. 116-04 on September 16, 2004, the Planning
Commission adopted Case No. GPA 03-1169, 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.
ORIGINAL
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 03-1169 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
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
rebuffed 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 03-1169 is hereby
adopted.
4. The appeal by the applicant is hearby approved.
The City Council hereby approves and adopts Case No. GPA 03-1169 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
at the northeast corner of Ashe Road and Panama Lane.
The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is
hereby adopted.
......... o0o ........
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 NOV 0 3 ~00~- by the
following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTH~,~/CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Mayor of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNAI~,O~
Exhibits Attached:
Exhibit A - Land Use Map
Exhibit B - Conditions of Approval~Mitigation Measures
Exhibit C - Mitigation Monitoring Plan
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ORIGINAL
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EXHIBIT B
MITIGATION/CONDITIONS
General Plan Amendment 03-1169
Negative Declaration/Initial Study
Planning
Planning
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.
Air Quality (WZl INC.)
Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures shall 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:
· 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 transpodation 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.
~OR'GINA~
Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth
under Regulation VJIJ, 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 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
and 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
did 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.
· Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period)
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· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at
the constructions site.
Wash off construction and haul trucks to minimize the removal of mud and
dirt from the project sites.
Public Works
With the first development or land division,
a. install the warranted traffic signal at the intersection of Panama Lane and
Ashe Road. Construction costs will be credited towards required traffic
impact fees.
b. fully improve Ashe Road to arterial standards from Panama Lane to Harris
Road. Ashe Road is a bikeway on the "Bikeway Master Plan" and shall be
constructed as required by the General Plan for streets with bike lanes.
c. install landscaping and automatic irrigation systems in the median island from
Panama Lane northerly to connect with existing improvements.
With the first development or land division, and in accordance with Agreement
87-84
a. install sidewalk on the north side of Panama Lane from its easterly terminus
east to the Arvin-Edison canal crossing of Panama Lane.
b. install landscaping with automatic irrigation system on the north side of
Panama Lane easterly to the Arvin-Edison canal crossing of Panama Lane.
c. install the landscaped median island with automatic irrigation systems in
Panama Lane easterly to the Arvin-Edison canal crossing of Panama Lane.
With development or division, install traffic signal interconnect conduit, conductor,
and pull boxes along the east side of Ashe Road and the north side of Panama
Lane.
Access from the site to the arterial streets will be limited and will be determined
at the time of development or division. A traffic signal paid for and installed by
the developer/subdivider will be required for full access into and out of the site.
Otherwise, access will be limited to right turns in, right turns out, and possibly left
turns in.
if, at the time of development or division, a traffic signal or signals (other than
the signal at the intersection of Ashe Road and Panama Lane) are proposed to
serve the project, then a maintenance district shall be formed to pay for the
annual operation and maintenance costs of the traffic signal(s). The traffic signal
maintenance district shall encompass the entire area east of Ashe Road, north of
Panama Lane, and westerly of the A-E Canal.
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ORIGINAL
6. TRAFFIC COMMENTS:
This proposal will result in a reduction in trip generation from previously approved
entitlements and therefore no additional traffic study was required. The
development shall be subject to all previous requirements and shall be required
to pay into the adopted Regional Traffic Impact Fee (RTIF) program. The fee
program improvements mitigate impacts of the existing densities.
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EXHIBIT C
Zone Change No. 04-1169
Mitigation Monitoring and RepoSing Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring and Pa~
Mitigation Measure Reporting Monitoring Responsible
Process Milestone for Monltofing
Initials Date Remarks
(1) If any human remains are discovered, all work shall Construction Construction Planning
stop until the Kern County Coroner has been notified Review Approval Department
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,
(2) 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.
(3) 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 dde shadng and
use of transit transportation for construction
employee communfing to the project site.
d) The developer shall use electhc equipment for
construction whenever possible in lieu of fossil fuel-
fired equipment.
e) The developer shall curtail construction dudng
3eriods of high ambient pollutant concentrations; this
may include ceasing of construction activity dudng
the peak-hour of vehicutsr traffic on
adjacent roadways.
(4) 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 vegetalJve ground cover.
b) For atl onsita unpaved roads and offsite
unpaved access roads, the developer shall
effecfively stab[ize of dust emissions using water or
chemical stablizer/suppressan ti
S:XDole\03-1169Wlitigation Monitoring 04-1169.doc 1 ~ r--m
ORIGINA~
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
accompanied by suflicient wetting to limit the visible
dust emissions. The use of blower devices is
expressly prohibited),
f) Following the addition of materials to, or the
remova of materials from, the surface of outdoor
storage piles, the developer shall ensure that said
piles are effectively stab[ized 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 the construction 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
duhng pedods of high winds (greater than 20 mph
over a one-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 wash off all construction and
haul trucks to minimize the removal of mud and dirt
from the project site.
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ORIGINAL