The URL can be used to link to this page

Home My WebLink AboutRES NO 042-06 ....- RESOLUTION NO. 0 4 2 -=1n' RESOLUTION MAKING FINDINGS, ADOPTING PROPOSED AMENDMENT TO THE NOISE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. (GPA 05-1319) 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, November 28, 2005, THURSDAY, December 1, 2005 on Case No, 05-1319 of a proposed amendment to the Noise Element of the General Plan, notice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Case No. 05-1319 of the proposed amendment to the Noise Element of the Metropolitan Bakersfield General Plan is as follows: Case NO.05-1319 A proposed text amendment to the Noise Element of the Metropolitan Bakersfield General Plan related to noise generated by mobile sources. WHEREAS, for the above-described segment, staff determined that the proposed project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b)(3), General Rule, and a Notice of Exemption was prepared and posted on November 18, 2005, 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 City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 183-05 on December 1, 2005, the Planning Commission recommended approval and adoption of Case No. 05-1319 subject to conditions, mitigation measures 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 hearing on WEDNESDAY, February 8,2006 on the above described Case No. 05-1319 of the proposed amendment to the Noise 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 , ~ 'òM~-s> o ~ >- m I;; G " 01I!S~\. 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. 2. The Notice of Exemption for Case No. 05-1319 is hereby approved and adopted. 3. The proposal is consistent with applicable general policies of the Metropolitan Bakersfield General Plan. 4. 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, 5, The City Council hereby approves and adopts Case No, 05-1319 of the proposed amendment to the Noise Element of the Metropolitan Bakersfield General Plan, constituting changes as shown attached Exhibit "A." ---------000--------- !( 'òMê~ o ~ >- - m '=- ,... I> <::> ORIGINAL . -- --.----.-- --_.. .~ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the coun'J!~Lthe Ci!y 2tBakersfield at a regular meeting thereof held on " S 2000 by the following vote: ..~ ~~~) ABSTAIN: ABSENT: ·./...,/c/v..............-// COUNCILMEMBER CO'IJCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER é1W\.o¿ (í..JJJ(A~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FES 8 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney /) By: ,lr/i;tvt m ~~ By Jeng /S:\GPA 4th 2005105-1319ICCIRGPA.CC.DOC January 19, 2006 'òM¿:-?> J ~ >- ¡:¡; \;:: ,... a ~ ORIGINAL EXHIBIT "A" GENERAL PLAN AMENDMENT # 05-1319: NOISE ELEMENT PROPOSED TEXT CHANGE (New text changes shown in bold italic text; deleted text in strilŒ8lJt text) POLICIES 7. Establish threshold standards for the determination of the existence of project and cumulative noise impacts for mobile noise generating land uses that are significant, and will therefore require mitigation to achieve acceptable noise standards that do not exceed the standards contained in this element (1-9, 1-10) IMPLEMENTATION 10. STANDARDS FOR PROJECT NOISE IMPACTS FOR MOBILE SOURCES A significant increase of existing ambient noise levels affecting existing noise-sensitive land uses (receptors), and requiring the adoption of practical and feasible mitigation measures, is deemed to occur where a project will cause: · An increase of the existing ambient noise level by 5 dB or more, where the existing ambient level is less than 60 dB CNEL · An increase of the existing ambient noise level by 3 dB or more, where the existing ambient level is 60 to 65 dB CNEL; · An increase of the existing ambient noise level by 1.5 dB or more, where the existing ambient level is greater than 65 dB CNEL. STANDARDS FOR CUMULA TIVE NOISE IMPACTS FOR MOBILE SOURCES A project's contribution to noise increase would normally be considered cumulatively considerable and considered significant when ambient noise levels affect noise sensitive land uses (receptors) and when the following occurs. · A project increases the ambient (cumulative without project) noise level by 1 dB or more; and · The cumulative with project noise levels cause the following: o An increase of the existing ambient noise level by 5 dB or more, where the existing ambient level is less than 60 dB CNEL; o An increase of the existing ambient noise level by 3 dB or more, where the existing ambient level is 60 to 65 DB CNEL; o An increase on the existing ambient noise level by 1.5 dB or more, where the existing ambient level is greater than 65 dB CNEL. By ieng /S:\GPA 4th 2005\05-1319\CClExh A proposed text. doc January 19, 2006 ~ 'QM(1' o ~ >- - ~ ~ .., ORIGINAf' W.__.·_~__ .___.___._..___._"._..____ ,__"_, ___._".__._ _,.. Exhibit "A" Noise EI. Amendment #05-1319 Page 2 of 2 Tt:lÐ fellewiAg E:taFu:tarels st:1alll3o !;Issei to etetermiR8 tho e*isteAse af si€F1ifioaAt sl;Iml:J!ati':e Reise iFAp8St& expesteEJ Ie rsslIlt fr-am (3rSpÐseel Gonßtrl::letisFI Sf elevelel9meAt 3FØjeets. Tho pfajeGtea ÐS6t:.1FreAGO of St:J6R SigAifisÐAt GblFRbllati·.'s imfJaetG GRail reEll;Jire tRe adoption af I3Fastiaal and feasit:Jle mitigatieR meast:.Ires Ie bo ifisFltifieel iA Ð.R EAvirOAmeAtal Im(3ast ROf=)er:t: Sf ~Jegati\/o DeslaratisA, \vl=lisRÐ'Jer is ÐfJ9lisable. ST:\ND/\RDS FOR CUMULATIVE NOISE IMPACTS :\A iA6Fease iR ameieAt Reise 10':01 of 1 €IS er mere ovor êéel8 CÞJEL, 'l.'hor-o tt:1e existiA§ o.ml3isAt level is 66eŒ C~EL er less: 9F TRe amllieRt Reise level is 1066 tRaR 69 à8 CNEL anà tRe I'IFejeet insroa6es Reise le'lels by 6 à8 or mere; TRe amllieRt Rei6e le'/el is 60 to 66 à8 CNEL ana tho I'Ir-ejeet insr-eas06 Reise le'lels by ¡ à8 er ffIÐF6;- TRe amllieRt Reise le'/el is greater that 66 a8 C~JEl aRà tRe projost inGreases noiso lovols lIy 1.6 88 or mere. By jeng /S:\GPA 4th 2005\05-1319\CClExh A proposed text.doc January 19, 2006 ~ ~M¿:--2 o ~ >- - ..... m _ r- a ö ORIGIMIII EXHIBIT "B'" NOTICE OF EXEMPTION TO: Office of Planning and Research PO Box 3044,1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 FROM: City of Bakersfield Planning Department 1715 Chester Aven,ue Bakersfield, CA 93301 II County Clerk County of Kem 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: Vestine Tentative Parcel MaD 11334 Project Location-Specific: Generally located South of State Route 184, between Vineland and Edison Road; being a portion of Section 29, T29S, R29E, MDBM APN # 388-030-01 Project Location-City: Bakersfield Project Location-County: Kem Description of Project: Vesting Tentative Parcel Map 11334 A proposed tentative parcel map consisting of 2 parcels on 607 acres for purposes of future residential development, zoned RH (Residential Holding) zone, and a request to waive improvements. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: TRC Solutions ,Attn: Jefffrey Hensel 21 Technology Dr. Irvine CA 92618 Exempt Status: Ministerial (Sec.21080(b)(1); 15268»; Declared Emergency (Sec.21080(b)(3); 15269(a»); Emergency Project (Sec. 21080(b)(4); 15269(b)(c»; L Categorical Exemption. State type and section number. 15135 Class 15 Minor Land Division Statutory Exemptions. State section number. Project is exempt from CEQA pursuant to Section Reasons why project is exempt: The project meets the criteria of this section. It has not been subdividl within the previous 2 years and contains less than 4 parcels. Lead Agency: Contact Person:Jennie Eng ~~~ Signed by Applicant TelephonelExt.: (661) 326-3733 Signature: Date: II ~,/o.r- Title: PrinciDal Planner , x Date received for filing at OPR: ~ ~AK~?> o % >- - m ~ r- " c::, ORIGINAL