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Home My WebLink AboutRES NO 022-01RESOLUTION NO. 0 2 2 '" 0 ]. RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT P00-0744 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 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, DECEMBER 18, and THURSDAY, DECEMBER 21, 2000 on General Plan Amendment P00-0744 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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, General Plan Amendment P00-0744 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P00-0744 Home Depot has applied to amend the Land Use Element Of the Metropolitan Bakersfield 2010 General Plan consisting of a change from HMR (High Medium Density Residential) to GC (General Commercial) on 27.90 acres generally between State Route-178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield; 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 Negative Declaration with mitigation was prepared; 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. 136-00 on December 21, 2000, the Planning Commission recommended approval and adoption of Genera[ Plan Amendment P00-0744 subject to mitigation measures listed in Exhibit "A", incorporated herein as though set forth in full, 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 14, 2001 on the above described General Plan Amendment P00-0744 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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. 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 2010 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. The appeal of the Planning Commission decision by the College Center Parking Association, a consortium of property owners of College Center Shopping Center, were duly considered. 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 P00-0744 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 and are hereby incorporated herein as though set forth in full. The appeal by the College Center Parking Association, a consortium of property owners of College Center Shopping Center is denied. '}~IGINAL The City Council hereby approves and adopts General Plan Amendment P00- 0744 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General P~an, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located between State Route-178, Bernard Street, East Hills Mall and Mt. Vernon Avenue in northeast Bakersfield subject to measures shown on Exhibit "A",. That General Plan Amendment P00-0744, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 000 ........ 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 ~£B 't..~ ~.Di]1 , by the following vote: AYES: NOES: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER N O~ CITY CLERK and Ex Offici~Clerk of the Council of the City of Bakersfield APPROVED FEB I APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~ ~"'r'~'~ RD: February 1, 2001 S:\Dole\P00-0744\CC GPA Resolution.wpd EXHIBIT "A" Mitigation Measures EXHIBIT "A" General Plan Amendment/Zone Change P00-0744 Conditions/Mitigation Measures CONDITIONS City Council The C-2 zone will be placed only on the property to be occupied by the Home Depot business. The remainder of the site, not occupied by the Home Depot, shall be required to be rezoned to PCD at such future time as development is proposed for the remainder. MITIGATION Traffic Study Mitiaation The following improvements, shown on Table A-1 shall be constructed prior to the Year 2020. The project's proportionate share of the "transportation impact fee program" is shown on Exhibit A-l*. Table A-1 Mitigation* Intersection Required Improvements Project % Share Bernard Street at Haley Construct Traffic Signal 7.08% Street Columbus Street at Mt. Construct EB Right turn Lane 8.84% Vernon Avenue Niles Street at Mt. Vernon Construct Eastbound and 2.28% Street Westbound Right Turn Lanes *Source: Traffic Study For General Plan Amendment and Zone Change at Mt. Vernon Avenue and Bernard Street for Commemial Retail Center Air Quality Study Mitigation** The proposed project will have air pollutant emissions associated with the construction and occupied use of the project sites. This section summarizes the measures that are General Plan Amendment/Zone Change P00-0744 Exhibit A Page 2 required to mitigate the emissions associated with the construction and occupancy of the project. 7.1 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: 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. ImPlementation: Prior to and during grading and construction activities applicant/developer shall assure the City, in writing, that such grading and construction activities are in compliance with the above mitigation measures listed above under Item No. 7.1. Written assurance shall be submitted to the City Building Director. 7.2 Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under SJVUAPCD Regulation VIII - Fugitive PM,o Prohibitions. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: · Cover all access roads and parking areas with asphalt-concrete paving; Asphalt-concrete paving shall comply with San Joaquin Valley Unified Air Pollution Control District Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials; Use water sprays or chemical suppressants on all unpaved areas to control fugitive emissions; Enclose, cover or water all stockpiled soils to reduce fugitive dust General Plan Amendment/Zone Change P00-0744 Exhibit A Page 3 emissions; 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; · All haul trucks should be covered when transporting loads of soil; Wash off construction and haul trucks to minimize the removal of mud and dirt from the project site. Implementation: At all times during project construction, the applicant/developer shall comply with SJVUAPCD Regulation VIII - Fugitive PM,o Prohibitions and the mitigation measures listed above under Item No. 7.2., and shall assure the City, in writing, that such grading and construction activities are in compliance with SJVUAPCD Regulation VIII - Fugitive PM,0 Prohibitions and the above mitigation measures. Written assurance shall be submitted to the City Building Director. 7.3 Mitigation Measures for Energy Consumption Emissions This project will be required to comply with Title 24 of the California Code of Regulations regarding energy conservation standards. These requirements, along with the following mitigation measures, should be incorporated into the project design; · Use Iow-NOx emission water heaters; · Provide shade trees to reduce building cooling requirement; · Install energy-efficient and automated air conditioners; · Exterior windows should all be double-paned glass; · Energy-efficient (Iow-sodium) parking lights should be used; Use EPA approved wood burning stoves, fireplace inserts or pellet stoves in lieu of conventional fireplaces. Im_olementation; Upon submittal of building plans, such plans shall incorporate Iow-NOx emission water heaters, energy-efficient and automated air conditioners, exterior double-paned glass windows, energy-efficient (Iow-sodium) parkin~ General Plan Amendment/Zone Change P00-0744 Exhibit A Page 4 lights and energy-efficient (Iow-sodium) parking lights and shade trees per local ordinance as shown above Item No, 7.3. Building plans shall be submitted to the Building Department. Prior to submittal of building plans, site plans shall be submitted to "site plan review" for review and comment. Site plans shall be submitted to the Planning Department. **Mitigation Measure Soume: Air Quality Impact Study Home Depot Commemial Center CONDITIONS Planning Deeartment Internal traffic cimulation of the Home Depot retail center shall connect to the internal cimulation of the East Hills Mall. 2. The total project area is limited to a maximum of 305,000 sq.ft. Public Works Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Submit a grading plan with soil report. The soil report is to include R- values with engineering calculations for on*site and Mt Vernon and Bernard street pavement designs. b. Submit a comprehensive drainage study for the approval of the City Engineer. All storm drainage shall be retained on site along with surface street water. All on site retention basins and drainage easements required by the approved drainage study shall be provided, and shall not be maintained by the City. c. Submit for the City's review and approval C.C.& R.'s and Property Owner's Association By-Laws for the use and maintenance of all non- dedicated, shared facilities. Among those non-dedicated, shared facilities will be the on-site sewer main lines and laterals and storm drain lines, cross drainage easements and appurtenant facilities. 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. ..~ General Plan Amendment/Zone Change P00-0744 Exhibit A Page 5 so Dedication and construction of right turn lanes are required at access points on Mt, Vemon and on Bernard. For internal circulation, provide a connection to Fashion Place as shown on the submittal. The following traffic mitigation conditions are based on the traffic study by Ruettgers & Schuler Civil Engineers: a. Future construction of traffic signal at the intersection of Bernard and Haley Streets (County). Pay 7.08 percent as proportionate share of cost of signal based on County estimate of traffic signal cost or an approved engineering estimate provided by the developer/applicant, if a County estimate is not available. b. Future construction of Eastbound right turn lane at approach to the intersection of Columbus Street and Mt. Vernon Avenue. Pay 8.84 percent as proportionate share of cost based on an approved engineering estimate provided by the developer/applicant. c. Future construction of Eastbound and Westbound right turn lanes at approaches to the intersection of Niles Street and Mt. Vernon Avenue (County). Pay 2.28 percent as proportionate share of cost based on an approved engineering estimate provided by the developer/applicant. d. The project developer/applicant shall pay project share of Regional Impact Fees from Table 9 in the traffic study calculated as $146,788. e. The project developer/applicant proposes a full access opening on Mt. Vernon Avenue which will require the construction of a traffic signal by the developer/applicant prior to opening of the development/retain store(s). The developer/applicant shall participate in a maintenance district for the maintenance of this non-public street intersection traffic signal. In the event that a traffic signal is not constructed at this location, a median restriction shall be constructed to prohibit left turns out of the access road from the development. Left turns into the site will be allowed. S:\Dole\P00-0744\Exhibit A Mit-Cond.wpd February 21,2001 (3:19PM) EXHIBIT "B" MAPS EXHIBIT B GENERAL PLAN AMENDMENT P00-0744 ~- GC GC LR GC HR GC OC HMR TO GC GC HR MC HMR HR N LR OS_P LR P HR LMR_LR LMR_LR 0 400 800 Feet T298, R28E