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Home My WebLink AboutRES NO 049-05 049-05 RESOLUTION NO. A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, AND APPROVING GENERALPLAN AMENDMENT CASE NO. GPA 03-0746 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED WEST OF MASTERSON STREET, BETWEEN PALADINO DRIVE AND HWY 178. 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, DECEMBER 16, 2004, on GPA 03-0746 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 thirty (30) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 03-0746, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-0746. Mcintosh & Associates (owner: Mountain View Bravo, LLC) is proposing an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan to change the land use map designation for City in the Hills from GC (General Commercial) to LR (Low Density Residential) on 16.02 acres, GC to HR (High Density Residential) on 6.01 acres, HMR to GC on 11.81 acres, LR to GC on 7.20 acres, and LR to HR on 0.26 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, and, therefore, a Negative Declaration was prepared and posted on November 17,2004, 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. 193-04 on December 16, 2004, the Planning Commission approved Case No. GPA 03-0746, 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 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, March 9, 2005, on the above described Case No. GPA 03-0746 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. 4. 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. 2. 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. 3. The Negative Declaration for GPA 03-0746 is hereby adopted. 4. The City Council hereby approves and adopts Case No. GPA 03-0746 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 as provided in Exhibit "B", attached hereto and incorporated as though fully set forth, for property located west of Masterson Street, between Paladino Drive and Hwy 178. ---------000-------- 2 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 MAR 9 Z005 by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCILMEMBER CO!c'H. CA~N. BENHAM. MAG~RD. HA~N. SULLIVAN. sciNER COUNCILMEMBER COUNCILMEMBER_ COUNCILMEMBER ~lJ../'VV"'.-\ S_...-,,-Q~'_/"'l.-,,,~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield APPROVED MAR 9 Z005 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /3ff/ J1i: In. l1I~ Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval/Mitigation Measures Exhibit C - Mitigation Monitoring Plan s EXHIBIT A en -i ~ ~ ~ (0 m r :I: '" -l Gi N ~ ~ <0 Jfl ~ ?< '" 00 ~ ~ m -.j CD " -l " ~ r y' ;u -; ~ : I 0 r : '" J: '" <0 ;u m r '" 0 '" r '" S ~ S -.J I S <: '" s ["'~ '1 [Sf] I (Jl [j(-~li L G1 L__j[Jl~ " '" " - \"'," , ' \, ' \ , ' - -- \" ' MASTERSON ~C~ " ' STREET " , ' , ' ,.-0' )j ~a ~' ~<p.' ~' I ,~' ,Ii ~' , ,-<' II " " ,- '" \ ~ \" ~'--- ~~...~ ~ h me- r <: '" z ~ ~ II 8 r '" ~ " ~j~-~J r '" r '" r '" J! " u1~ I I I r '" ~, ~, , ' , ' , ' ,', I ~ " G) m z m ~ r "U r )> Z )> s: m z o s: m z -i o VJ I o -.....J ~ 0'> ,EKHt8IT B GENERAL PLAN AMENDMENTIZONE CHANGE 03-0746 CONDITIONS OF APPROVAL PUBLIC WORKS 1.) All conditions of approval/mitigation measures adopted for GPAlZC P99-0647 shall apply to GPAlZC 03-0746, 2,) The developer shall pay the standard residential fees for the Regional Transportation Impact Fee, as adopted at time of vesting of the development. 3,) The developer shall pay the local mitigation fees adopted under GPAlZC P99- 0647, 4.) The previously adopted Phasing Plan required by GPAlZC P99-0647, coupled with the adopted Circulation Element Amendment under GPA 03-0008, shall be modified. PLANNING 5.) The number of single family residential lots shall not exceed 2,070 for the entire City in the Hills project area as adopted under GPAlZC P99-0647. 6,) The number of multi-family residential units shall not exceed 735 for the entire City in the Hills project area as adopted under GPAlZC P99-0647. 7.) The commercial GLFA (Gross Leaseable Floor Area) shall not exceed 1,015,706 square feet for the entire City in the Hills project area as adopted under GPAlZC P99-0647 , 8.) All conditions of approval adopted for GPA 04-0878 shall apply to GPA/ZC 03- 0746. S:\GPA4"200411J3<l7_oI~doc EXHIBIT C GPA No, 04-1334 Mitigation Monitoring and Reporting Checklist No. VERIFICA liON OF COMPLIANCE Monitonng and Party Mitigation Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks (1) The following mitigation measures for construction Construction Construction Planning equipment exhaust shall be implemented: Review Approval Department a) The developer shall propeny 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 during the peak-hour of vehicular traffic on adjacent roadways. (2) 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 stablizerf 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 otfsite, the developer shall ensure that it is covered, or effectively v.etted, 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 exoeditiouslv 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 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 stablizerfsuppressant. 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 during periods 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 implement carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. 2 .... ..----~_... -.-. .~_._..._..- ...----...-----.......-.--........---.. -..--"..-.-.. .._"....._---_...._...~--_. ---..-. .~._..