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HomeMy WebLinkAboutRES NO 103-05RESOLm'ION NO. "! 0 3 - 0 $ RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 04-1745 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF 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, MARCH 14 and THURSDAY, MARCH 17, 2005 on General Plan Amendment 04-1745 of a proposed amendment to the Land Use Element of 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 circulation; and WHEREAS, such General Plan Amendment 04-1745 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 04-1745 Cornerstone Engineering has applied for a General Plan Amendment to change the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 40 acres for that site generally located along the north side of Pensinger Road 1,980 feet west of Buena Vista Road and approximately 1,980 feet east of Allen Road (extended) Road and Old Farm 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 Mitigated Negative was prepared; 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, by Resolution No. 29-05 on March 17, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment 04-1745 subject to conditions and mitigation measures listed on Exhibit A 2 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 hearing on WEDNESDAY, March 17, 2005 on the above described 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 given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The proposed project will not have a significant effect on the environment. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with 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 Negative Declaration for this project. 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 Mitigated Negative Declaration for General Plan Amendment 04-1745 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 04- 1745 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, attached hereto and incorporated as though fully set forth, for property generally located along the north east corner of Noriega Road and Old Farm Road subject to conditions of approval and mitigation measures shown on Exhibit A2. That General Plan Amendment 04-1745, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council ~,f the City of Bakersfield at a regular meeting thereof held on -- ~,8,y 1~ ! 200~ by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER PAMELA A. McCARTHY, CMC//// CITY CLERK and Ex Officio Clet'~ of the Council of the City of Bakersfield APPROVED MAY 1 ! 200ff APPROVED as to form VIRGINIA GENNARO City Attorney EXHIBITS: (Attached) A1 GPA Map A2 Mitigation/Conditions RED S:\GPA 4th 2004\04-1745\CC GPA RESOLUTION.doc N EXHIBIT A 2 GPA/ZC 04-1745 MITIGATION MEASURES Cultural 1. Upon discovery of any cultural remains are discovered, work in the area of discovery should be stopped until the finds can be evaluated and that impacts to significant cultural resources should be mitigated prior to the resumption of development. The survey also recommends that cultural clearance be given to the project. Air Quality The proposed project will have air pollutant 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 Construction Equipment Exhaust Prior to the issuance of any building permit the developer shall submit to the Planning Department a written guarantee stating that during the construction phase ali construction equipment in use on the subject site and on the way to and from the subject site shall comply with the following construction equipment exhaust mitigation measures; 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 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 during the peak-hour of vehicular traffic on adjacent roadways. Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, 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: GPA/ZC 04-1745 Mitigation Measures Page 2 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. Alt 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 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 constructions site. Implementation of carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. GPA/ZC 04-1745 Mitigation Measures Page 3 Traffic The project shall pay the propodionate share for the local mitigation improvements identified in Table 7 and participate in the RTIF according to the standard per-lot rate for residential development. Improvements which are needed by the year 2025 to maintain or improve the operational level of service of the street system in the vicinity of the project are shown in Table 7. 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. Table 7 Future Improvements and Local Mitigation Total Improvements Local Mitigation Project Intersection Required by 2025 (Improvements Share for not covered by Local RTIF) Mitigation Buena Vista Rd & I SBL~, Reconfigure WBR White Ln to permitted overlap 1 SBL~ 1.59% (2.77%) _ Buena Vista Rd & Install Signal - 2.46% Campus Park Dr 1 EBL, I WBL~ I EBL, 1 WBL~ (3.66%) Buena Vista Rd & Install Signal -1 EBL, 1 3.23% Pacheco Rd WBL, I NBL, I SBL 1 WBL (4.52%) Allen Rd & Install Signal -1 EBL, 1 1.88% Pensinger Rd WBL, I NBL, I SBL 1 EBL, I WBL (1.88%) Barlow Rd & Install Signal -1 EBL, 1 1 EBL, I WBL~ 16.22% Pensinger Rd WBL, I NBL, I SBL I NBL, I SBL2 (16.22%) Buena Vista Rd & Install Signal -1 EBL, 1 5.65% Harris Rd WBL1, 1 NBL~, 1 EBL, I WBL~ (7.81%) I SBL Barlow Rd & Install Signal - 1 EBL, 1 1.07% Panama Ln EBT, 1 WBL, I WBT, 1 1 NBL, 1 SBL (1.07%) WBR, I NBL, 1 SBL Buena Vista Rd & Install Signal - 1 EBL, 1 Panama Ln EBT, 1 WBL, I WBT, 1 WBR, 1 NBL, 1 NBT, 1 SBL Notes: ~ Stdping only 2 Included in frontage improvements for project (%) = Caltrans Percent Share Calculation N~3 = Northbound SB = Southbound WB = Westbound EB = Eastbound L: Left-Tum Lane T = Through Lane R = Right-Turn Lane GPA/ZC 04-1745 Mitigation Measures Page 4 Public Works Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, provide dedication for the full half width of Pensinger Road and the full width of Windermere Street as a collector for the entire project area frontage. If a tentative subdivision map over the entire GPNZC area is submitted, dedication can be provided with the map. Access to the project area from Buena Vista is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. The Pensinger Road crossing of the Buena Vista Canal needs to be widened. Developer shall aid in the formation of a Major Road and Thoroughfare District for the widening of the crossing. Sewer service must be provided to the GPNZC area. The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. For storm drainage, only 1 sump will be allowed to serve the entire GPA/ZC area. This sump must be located on the periphery of the GPA/ZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. The developer shall cooperate in the formation of a Planned Drainage Area over the north half of the section. Upon submission of the first development, tentative tract, or minor land division for any of the project area, the developer shall submit for review and approval both a drainage study and a sewer study covering the entire GPA/ZC area. 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. Local Traffic Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor included with normal development improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. GPA/ZC 04-1745 Mitigation Measures Page 5 a. Buena Vista Road and White Lane - add south~ bound left turn lane, 2.77% share b. Buena Vista Road and Campus Park Drive - add east and west2 bound left turn lanes, 3.66% share c. Buena Vista Road and Pacheco Road - add west bound left turn lane, 4.52% share d. Allen Road and Pensinger Road - add east and west bound left turn lanes, 1.88% share e. Barlow Road and Pensinger Road - add north, east, south3 and west4 bound left turn lanes, 16.22% share f. Buena Vista Road and Harris Road - add east and west~ bound left turn lanes, 7.81% share g. Buena Vista Road and Panama Lane - add north and south bound left turn lanes, 1.07% share Regional Transportation Impact Fee: Pay the standard residential fee, as adopted at time of development. Stripping Only Stripping Only included in frontage improvements Included in frontage improvements S:\GPA 1st 2005\04-1745\Env Doc\ExhibitA 2 Mitigation.doc