HomeMy WebLinkAboutRES NO 22-99RESOLUTION NO. 2 2 ' 9 9
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING PROPOSED AMENDMENT
TO THE LAND' USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT CASE NO. P98-0729)
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 14 and THURSDAY, DECEMBER 17, 1998 on a proposed
amendment to the Land Use Element of the 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 proposed amendment to the Land Use Element of Metropolitan
Bakersfield 2010 General Plan is as follows:
Castle & Cooke California, Inc. has applied to amend the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Low Density Residential to Open
Space-Parks on 18 acres, General Commercial to Low Density
Residential on 16 acres, from High Medium Density Residential to
General Commercial on 11.45 acres, from Low Medium Density
Residential to General Commercial on .60 acre and from Low
Medium Density Residential to High Medium Density Residential
on 15.41 acres; AND adoption of an area wide residential
development limitation of no more than 2,298 residential units
throughout the Buena Vista Project as shown on attached Exhibits
"C" and "D"; and
WHEREAS, for the above-described amendment, 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 mitigations 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 City staff and the Planning Commission; and
WHEREAS, by Resolution No. 144-98 on December 17, 1998, the Planning
Commission recommended approval and adoption of this General Plan Amendment subject to
mitigation measures listed 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, FEBRUARY 24, 1998, on the above described 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
findings:
WHEREAS, the Council has considered and hereby makes the following
1. All required public notices have been given.
followed.
The provisions of the California Environmental Quality Act have been
the environment.
The proposed project, as mitigated, will not have a significant effect on
4. The subject site is located within the boundaries of General Plan
Amendment P96-0589 (Buena Vista Project) for which a Final Environmental Impact Report
was certified.
5. General Plan Amendment P96-0589 (Buena Vista project) Final
Environmental Impact Report contents includes but is not limited to mitigation measures,
findings and Statements of Overriding Consideration applicable to this amendment.
6. Mitigation measures, incorporated from the Final Environmental Impact
Report for P96-0589 (Buena Vista Project) shown on Exhibit "A" are included in the project to
ameliorate impacts.
7. The proposed Open Space-Parks designations are consistent with the
overall approval for the Buena Vista Project, which required the subsequent submittal of a Parks
Master Plan for development, and is consistent with the Parks Element standards for provision
of neighborhood park land, subject to inclusion of the proposed residential development
limitations throughout the Buena Vista Project.
8. The proposed relocation of the existing commercial land use designation
is consistent with the surrounding patterns of existing and projected residential and public land
uses.
9. The proposed allocation of residential units throughout the remaining Low
Density Residential designated within the Buena Vista Project, as referenced and depicted in
attached Exhibits "C" and "D", density designations within the project are consistent with
projected land use trends in the vicinity, and will have no significant effect on the overall
development concept previously approved for the Buena Vista Project.
10. The proposed revisions to the land use designations and overall
allocation of residential units within the Buena Vista Project are consistent with the level of
circulation access and public services expected to be available at the site.
11. 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 Fish and Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-referenced absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
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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 Negative Declaration is hereby approved and adopted.
3. 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.
4, The City Council hereby approves and adopts General Plan Amendment
Case No. P98-0729, a proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B,"
and residential unit allocation as shown on Exhibits "C" and "D", attached hereto and
incorporated as though fully set forth, for property generally located at the southwest corner of
Brimhall Road and Calloway Drive, subject to mitigation measures shown on Exhibit "A".
5. That P98-0729, approved herein, be combined with other approved segments
described in separate resolutions, to form a single Land Use Element Amendment as the Fourth
Quarter cycle
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the ~/9of Bakersfield at a regular meeting thereof held on
FEB 2,~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGOARO, COUCH, ~ SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER H(L~Jg~r~L, ~-0u)Lg5
Council of the City of Bakersfield
APPROVED FEB ~&1999
B O ~RI'~E//'/'~/' ~
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ
Assistant City Attorney
MJM
0729\rgpa-cc
February 8, 1999
4
EXHIBIT "A"
General Plan Amendment/Zone Change P98-0729
Mitigation Measures
(From Buena Vista-Kem River Ranch FEIR
GPA/ZC P96-0589 and P97-0074)
SUMMARY OF MITIGATION MFASURFS
Public Health and Safety
Agricultural Use of Property/Adjacent Properties
5.3-1
Prior to issuance of any grading permit, the project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues which may be present
within the project sites. Should contaminant levels be in excess of acceptable Federal,
State and/or County levels, the project applicant shall identify and implement remedial
action, subject to approval by the City of Bakersfield and responsible regulatory
agencies to reduce contaminants to acceptable levels.
Oil Fields
5.3-3a
The following Mitigation Measure applies to the Buena Vista project site only: Pursuant
to the Division of Oil, Gas and Geothermal Resources, active wells and associated
equipment within the project area shall be enclosed by an eight-foot block wall, with
barbed wire on the inside at the seven-foot level. Appropriate gates shall be installed
and climbable landscaping around the perimeter of the facility shall be avoided. The
inside grade of the facility shall be constructed so that potential spillage will be confined
to the enclosure. Improvements are the responsibility of the project applicant/developer.
5.3-3b
Sufficient access to the existing and abandoned wells shall be maintained in order for
the Division of Gas, Oil and Geothermal Resources (Division) to investigate the
condition of the wellheads and check for leakage. If any reabandonments are required,
the Division shall furnish necessary specifications to the property owner.
5.3-3c
If any abandoned or unrecorded wells are uncovered, or damaged dunng excavation or
grading activitieS, remedial plugging operations pursuant to Division of Gas, Oil and
Geothermal Resources requirements would be required.
5.3-3d
Prior to issuance of building permits, all oil contaminated soil shall be remediated to the
satisfaction of the Local Unffied Program Agency (the Office of Environmental Services -
Bakersfield City Fire Department) in conjunction with the State Regional Water Quality
Control Board and/or Califomia Department of Toxic Substances Control.
Valley Fever
5.3-5 At the initial construction meeting prior to grading activities, all construction workers
must be informed as to the symptoms of Valley Fever.
Traffic and Circulation
Trip Generation and Distribution
5.5-1
Prior to the issuance of building permits, the project applicant(s) shall comply with the
Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants
shall participate in the improvements required on a pro-rata fair-share basis as provided
in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-RATA
SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact
Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997.
To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch
project traffic volumes, the above referenced fees shall be used to provide the following
improvements:
Inter~eation Improvements
Rosedale Highway and Renfro Road: add eastbound through lane and
westbound through lane (LOS C);
Rosedale Highway and Fruitvale Drive: add southbound left turn lane and
southbound right tum lane (LOS C);
Balmhall Road and Allen Road: add eastbound left turn lane, westbound left turn
lane, northbound through lane, and southbound through lane (LOS C);
Bdmhall Road and Calloway Ddve: add southbound dght tum lane (LOS C);
Stockdale Highway and Heath Road: provide exclusive turn lanes for southbound
approach (LOS B);
Stockdale Highway and Renfro Road: add eastbound lane (LOS C);
Stockdale Highway and Allen Road: add northbound left turn lane, northbound
through lane, southbound left Turn lane, southbound through lane, eastbound
left turn lane, eastbound dght tum lane, and westbound left turn lane (LOS C);
Stockdale Highway and Buena Vista Road: add westbound left turn lane and
eastbound fight turn lane (LOS C);
Kern River Ranch Entrance #1 and Buena Vista Road: add eastbound left turn
lane, eastbound right turn lane, northbound left turn lane, and southbound right
tum lane (with Kern River Ranch) (LOS B);
Deer Peak Drive and Buena Vista Road: add northbound through lane,
southbound through lane and southbound left turn lane (LOS B);
Mil~q Avenue and Allen Road: add westbound left turn lane, northbound fight
turn lane, and two southbound left tum lanes (LOS B);
Ming Avenue and Buena Vista Road: full expansion per City of Bakersfield's
Standard Detail T-4 (LOS C);
Ming Avenue and Ashe Road: add northbound left turn lane (LOS C);
Chamber Boulevard and Buena Vista Road: provide two left tum lanes/one
through lane/one right turn lane for eastbound approach, one left tum lane/one
through lane/one fight turn lane for westbound approach, one left tum lane/two
through lanes/one right turn lane for northbound approach, and one left turn
lane/two through lanes/one right turn lane for southbound approach (with Buena
Vista) (LOS C);
White Lane and Buena Vista Road: add two eastbound left turn lanes,
eastbound right tum lane, northbound through lane, northbound right turn lane,
southbound left tum lane, southbound through lane, and southbound fight turn
lane (LOS C); and
Panama Lane and Gosford Road: add northbound left and southbound left (LOS
A).
Segment Improvements
Rosedale Highway (Calloway Drive to Fruitvale Avenue): widen to six lanes (LOS
A);
Bdmhall Road (Jewetta Road to Calloway Road): widen to four lanes (LOS A);
Stockdale Highway (Buena Vista Road to Old River Road): widen to six lanes
(LOS A);
Stockdale Highway (Gosford Road to Ashe Road): widen to six lanes (LOS A);
Stockdale Highway (Real Road to Wible Road): widen to six lanes (LOS A);
Ming Avenue (Allen Road to Buena Vista Road): widen to four lanes (LOS B);
Taft Highway (Buena Vista Road to Old River Road): widen to four lanes (LOS
A);
Allen Road (Hageman Road to Rosedale Highway): widen to four lanes (LOS A);
Allen Road (Rosedale Highway to Stockdale Highway): widen to four lanes (LOS
C);
Allen Road (Stockdale Highway to Ming Avenue): widen to four lanes (LOS C);
Buena Vista Road (Stockdale Highway to Ming Avenue): widen to six lanes/add
median (LOS A);
Buena Vista Road (Ming Avenue to White Lane): widen to six lanes/add median
(LOS B);
Buena Vista Road (White Lane to Pacheco): widen to four lanes (LOS A); and
Gosford Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A).
Traffic Signal Warrant
5.5-2a The applicant(s) shall participate in the improvements required on a pro-rata fair-share
basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION
PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental
Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative/mpact, dated
June 1997.
To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are
projected to be required at the following intersections and the above referenced fees
shall be used to provide the following improvements:
Stockdale Highway and Heath Road;
Stockdale Highway and Renfro Road;
Kern River Ranch Entrance #1 and Buena Vista Road;
Deer Peak Drive and Buena Vista Road;
Chamber Boulevard and Buena Vista Road;
Pacheco Road and Gosford Road; and
Ming Avenue and Allen Road.
5.5-2b The traffic signals required as a result of the proposed project shall include an
interconnect of the signals to function in a coordinated system with existing and planned
signals.
Noise
Long-Term Noise Impacts
5.6-2a
To reduce significant traffic noise impacts to below 65 dBA CNEL at proposed
residential locations adjacent to collector and artedal roadways, the project applicant(s)
shall incorporate sound barriers, along cited roadways. Since tot design and grading
plans are not yet available, the exact height and location of barriers cannot be
accurately determined at this time. However, barTiers (i.e., berms, sound walls) between
six and eight feet may be required to reduce noise levels to acceptable levels.
5.6-2b
Pdor to the issuance of a building permit for the proposed commercial uses, the project
applicant shall demonstrate that project commercial noise source impacts on nearby
residences are below those indicated in the City's hourly noise level performance
standards. To demonstrate commercial noise source impacts are below the City's
standards, the project applicant may need to include project design features such as
setbacks, barriers, building location/orientation, acoustical design of buildings, etc.
Air Quality
Short-Term Impacts
5.7-1 a Pdor to the approval of a grading plan for any residential tract, multiple family project,
and commercial project, the project applicant shall submit a letter to the City of
Bakersfield Planning Department from the SJVUAPCD stating the dust suppression
measures that shall be completed dudng construction activities in order to comply with
SJVUAPCD Regulation VIII.
5.7-1b
Prior to the approval of a grading plan for any residential tract, multiple family project,
and commercial project, the project applicant shall submit a letter to the City of
Bakersfield Planning Department from the SJUAPCD stating the measures that shall be
completed during asphalt paving in order to comply with SJVUAPCD Rule 4641.
5.7-1c
5.7-1d
The construction grading plans shall include a statement that all construction equipment
shall be tuned and maintained in accordance with the manufacture's specifications.
The construction grading plans shall include a statement that work crews shall shut off
construction equipment when not in use.
Long-Term Impacts
5.7-2 The project applicant shall incorporate the following in building plans:
Solar or low-emission water heater shall be used.
Central water heating systems shall be used.
Double-paned glass shall be used in all windows.
Energy efficient low-sodium parking lot lights shall be used.
One (1) bicycle rack shall be provided in each of the proposed commercial
areas.
Cumulative Impacts
5.7-4
Mitigation measures beyond those contained in applicable plans and policies would be
implemented on a project-by-project basis. No additional mitigation measures are
required.
Biological Resources
Sensitive Resources
5.8-1a
Pdor to the issuance of a grading permits, the project proponents shall comply with all
appropriate terms and conditions of the MBHCP to the City. The MBHCP requires
certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines
regarding tracking and excavation shall be followed to prevent entrapment of kit fox in
dens. Specific measures during the construction phase of the project shall be
implemented and include the following:
A preconstruction survey shall be conducted prior to site grading to search for
native kit fox dens (specifically tracking shall be conducted at the potential active
den located in the southeastern portion of the Kern River Ranch project site).
All pipes, culverts or similar structures with a diameter of four inches or greater
shall be kept capped to prevent entry of kit fox. If they are not capped or
otherwise covered, they shall be inspected daily prior to burial or closure to
ensure no kit foxes, or other protected species, become entrapped.
Excavations shall either be constructed with escape ramps or be covered to
prevent entrapment. Or the site(s) could be protected during construction, such
as with a wildlife exclusion fence, which would eliminate the possibility of ranging
animals from being harmed during construction.
All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting ranging kit fox or other
animals.
With the exception of Swainson's hawk (see following mitigation measure), impacts to special-
status species on the project site are covered under the terms and conditions of the MBHCP
and associated Implementing Agreement. The compensation and avoidance requirements of
the MBHCP and buffer zones proposed as part of this project are consistent and follow an
ecosystem management approach for endangered species, and provide adequate
compensation of the Swainson's hawk and all other potentially occurring special-status species.
5.8-1 b Pdor to issuance of grading permit(s), the project applicant(s) shall comply with the
following raptor nest mitigation requirements:
If grading is proposed to occur dudng the raptor nesting season (February
through September), a focused survey for raptor nests shall be conducted by a
qualified raptor biologist prior to grading activities in order to identify active nests
in areas potentially impacted by project implementation.
If construction is proposed to take place dudng the raptor nesting/breeding
season (FebmaW through September), no construction activity shall take place
within 500 feet of an active nest until the young have fiedged (as determined by
a qualified raptor biologist). Trees containing nests that must be removed as a
result of project implementation shall be removed dudng the non-breeding
season (October through January).
Cultural Resources
Paleontology
5.9-1
If archeological or paleontological resources are discovered during excavation and
grading activities on-site, the contractor shall stop all work and the developer shall retain
a qualified archeologist to evaluate the significance of the finding and appropriate
course of action. Salvage operation requirements in Appendix K of the California
Environmental Quality Act Guidelines shall be followed and the treatment of discovered
Native Amedcan remains shall comply with State codes regulations of the Native
Amedcan Hedtage Commission.
Archaeology
5.9-2b The following measure applies to the Buena Vista project only: An archaeological
monitor shall be present at CA-KER-3962 dudng any subsurface construction activities.
If significant cultural resources are discovered during monitoring, more testing or data
recovery may be required.
5.9-2d Should human remains be discovered at any time on any portion of the project, work
shall halt and the coroner be notified immediately (Section 7050.5 of the Health and
Safety Code). In the absence of an archaeological monitor, a qualified archaeologist
and the local Native American community, shall also be notified.
Public Services and Utilities
Schools
5.10-3a
The following mitigation measure applies to the Buena Vista project only: Pdor
to the issuance of a building permit for any residence within the project area, the
applicant shall submit fees to the Kern County High School District and Panama-
Buena Vista Union School Distdct in the amount of $4.06 per square foot of
assessable space (as defined in Section 65995 of the Government Code) for
each such residence. This amount shall increase in even numbered years
according to the adjustment for inflation determined by the State Allocation
Board for Class B construction. Payment would not be required to a distdct which
has certified in writing that alternative mitigation measures have been
undertaken with respect to the project to adequately address school
overcrowding.
EXHIBIT "B"
GENERAL PLAN AMENDMENT
P98-0729
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EXHIBIT "C"
Residential Development Limitation by
Land Use Density Designation - GPA P98-0729
Residential
Designation- Acres
Low Density Residential (LR)
*See following Exhibit "D' for area-wide Unit
Allocations
Low Medium Density Residential (LMR)
High Medium Density Residential (HMR)
TOTAL
Number of Acres
Units
Overall Density
(Units per Acre)
1,207 570.07 2.12
245 24.49 10.0
846 48,58 17.42
2,298 691.37 3.32
P98-0729.exD