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HomeMy WebLinkAboutRES NO 53-99RESOLUTION NO. 5 3 ' 9 9 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT P98-0968 OF PROPOSED AMENDMENT TO THE CIRCULATION 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, March 15, 1999, THURSDAY, March 18, 1999, March 29, 1999 and April 1, 1999 on General Plan Amendment P98-0968 of a proposed amendment to the Circulation 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, such General Plan Amendment P98-0968 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P98-0968 Delete a segment of the collector alignment located within the northwest quarter of Section 12 Township 30 South Range 26 East MDB&M. Generally the alignment is located approximately one-quarter mile east of Allen Road and intersecting with- and continuing south of Ming Avenue for approximately one- half mile; 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 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. 63-99 on April 1, 1999, the Planning Commission recommended approval of General Plan Amendment P98-0968 subject to conditions of approval 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, April 28, 1999, on the above described General Plan Amendment P98-0968 of the proposed amendment to the Circulation 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 notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. A Negative Declaration was prepared for General Plan Amendment P98-0968. 4. The subject site is located within the boundaries of General Plan Amendment/Zone Change P96-0589 (Buena Vista Project). 5. General Plan Amendment P98-0968 would delete a segment of the "collector" system around which the Buena Vista Project was designed and approved. 6. Applicant provided a traffic analysis to the City Traffic Engineer in support of deleting the "collector" segment. 7. The City Traffic Engineer has reviewed applicant's traffic analysis, concurs with the analysis and recommends approval of General Plan Amendment P98-0968. 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 for 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 P98-0968 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 20t 0 General Plan, constituting changes as shown on the map marked Exhibit "B" attached hereto and incorporated as though fully set forth, for property generally located within the northwest quarter of Section 12 Township 30 South Range 26 East M.D.B.&M. Generally the alignment is located approximately one-quarter mile east of Allen Road and intersecting with- and continuing south of Ming Avenue for approximately one-half mile subject to conditions of approval shown on Exhibit "A" 5. That General Plan Amendment P98-0968, approved herein, be combined with other approved cases described in separate resolutions, to form a single Circulation Element Amendment. ......... o0o ........ 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 APR 2 8 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER C,~,SON, DEMOND, MAGC/'~RD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~,~P"'~'t Ir~//~0uJLe' COUNCILMEMBER 9)- ' COUNCILMEMBER {~ APPROVED APR ~8 1999 BOB PJZ~~]/'/~'/" MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney RED April 6, 1999 gpa-mar\0968\r-gpa-cc EXHIBIT "A" General Plan Amendment P98-0968 Conditions of Approval The two non-public access streets at the one-third mile points on Ming shall have a right of way width of 90 feet with a paved street width adequate to provide two standard width lanes in each direction with a center lane or median. The westerly non-public access street (former collector) located one-third mile east of Allen Road shall be designed and located to align with the collector planned to extend north of Ming Avenue. The developer shall pay for one-fourth the cost of a future signal at the non-public access street located one-third mile east of Allen Road. An approved funding method shall be established prior to the recordation of any map that is adjacent to, or connects to, the access road. If the second non-public access road located one-third mile west of Buena Vista is proposed to be a full access intersection, a traffic signal shall be funded by the developer. An approved funding method shall be established prior to the recordation of any map that is adjacent to, or connects to, the access road. EXHIBIT "B" GENERAL PLAN AMENDMENT P98-0968 CIRCULATION ELEMENT NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, March 15, 1999, in the Council Chambers, City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, March 18, 1999, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: The project to be considered: General Plan Amendment P98-0968, an amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan deleting a "collector" street alignment. e Project location: Along the south side of Ming Avenue (extended) approximately 3,500 feet west of Buena Vista Road at the intersection of Ming Avenue and the Kern River Canal. The segment to be deleted extends southwestward from Ming Avenue/Kern River Canal intersection a distance of approximately one-half mile. 3. The name and address of the project applicant: Castle & Cooke California, Inc. C/O Martin-Mclntosh 2001 Wheelan Court Bakersfield, CA 93389 NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the Planning Commission to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact Richard Dole) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (805) 326- 3733. PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Plannin9 Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: January 29, 1999 RED s:gpa-mar\0968-nph POSTED: January 29, 1999 Planning Director ~ Project No. I. ENVIRONMENTAL CHECKLIST Sails Geoto~ic / Erosmn/Sedimemaaon -Graunawmer - Surface Water Flooding/Drainage AIR ............ Air Quality Crimea/Air Movement BIOLOGICAL RESOURCES Ranm Traffic/Cimutalion Paling Air/Wear/Rail 8yllmts CULTURAl. RESOURCES .... Arct~icl Grow~l Inclucefnlnt Generat Ran/Zoning .... :: .:: :z,~- . ::: :. :-.~ ::: ii:.i::.: PUBLIC SERVICES : :.:,:..::-. ~ .... ;:.:::!ii!~ "' " Paike Schcas }(, ParkWr'm=~ ' an .: 8aiid Wamm DisDoll t X Facility M~"',  UTILITIES ~( Wm :::':.!~>i::~h::!'T!!F:.:, i:.iii::!::i:.i~.i::::::::::::::::::::::::::We··weir  ~( Stoffn Drainage :,i::!::.!,!: i:!iE:ii~E:':': .......... · ':POPULATION  X HOUSING ~ HEALTH HA2,ARD~ - :·.~!.: :::i!~i!Z:: LIGHT AND GLARE  ~ NATURAL RESOURCES ~ e ENERGY USAGE Significant (NOTE: DISCU8810N REGARDING THE ABOVE IMPACTS 18 ATTACHE.) Potmntiajht 8ignlcant f = Inmgnilica, d/No Effect Y -, Yes N - No ORD - Ordiraqce ~ II, MANDATORY FINDINGS OF SIGNIFICANCE ~:)~h~pr~cth~vethep~en~tod~gr~c~ethequmity~theenv:r~nment~ub~1an~j~H~r~iuce~heh~bit~tof~sh ~r wikllltm sIDeaes. cause · fish or reidlife ~ to drop below serf I~J l: Ij:i"lg i~tldl. dlllalOfl tO lima · plant ar 8nimel calmunity. reduce lhe numtxr ar resmct the range of · re· or en~'-,tg.lr.,cl plent or enimet species. or liminate Doe· the project have thee polndl to 8cnieve mhoel-tBnn. to the dim- %. -~ ,s of long-tenn. environme go·s? (A ~rm in·act on Ihe erMmmnw~ is one of which occurs in a rela~.eiy brief, ddinite pm of #me wh//e ,~Fama w~il eralure wel in· the Does the pro~.t have .nDm~ which ir~ividu~ly fimitm~. but cumutaivay con~terlXe? (A ~iectmey,'mac~on a.o or i~ on the e. ~f..,r,,,. L ,. ia Ng, .ilk t Y N _ i J III. FINDINGS OF DETERMINATION (Projects wUere a Ne_~auve Declaration or EIR has not been presnouslv prepared, or where a preySore document will not be utilized.) - ON THE BASIS OF THB INITIAL EVALUATION (cheek one): It has been found that the proposed project COULD NOT have a si~ificant effect on the environment: therefore, a NEGATIVE DECLARATION will be prepared. It has been found that although the proposed project could have a si~ni6cant effect on the environment, there will not be a significant effect in this case because MITIGATION MEASURES, as identified in the ~iscussion of Environmental Impacts, have been incorporated into the project: therefore, a NEGATIVE DECLARATION will be prepared. It has been found that the proposed project MAY have a si~i~cant effect on the environment, and an EIR (ENVIRONMENTAL IMPACT REPORT) will be prepared. PREPARED BY: ~d DATE: ~////~ INITIAL STUDY General Plan Amendment P98-0968 APPLICANT: LOCATION: Castle & Cooke California, Inc. Subject alignment is located within the northwest quarter of Section 12 Township 30 South Range 28 East MDB&M. Generally the alignment is located approximately one-quarter mile east of Allen Road and intersecting with and continuing south of Ming Avenue for approximately one-half mile, PROJECT DESCRIPTION: General Plan Amendment (GPA) P98-0968: A request to amend the Circulation Element of the Metropolitan Bakersfield 2010 General Plan. Such GPA would delete a segment of the adopted "collector" alignment. (Note: See Attachment "A" for Circulation Element and Land Use Element designations). BACKGROUND: Applicant desires to eliminate a portion of the adopted north-south collector alignment to accommodate a gated community. Subject collector alignment is located within the boundaries of the 691.37 acre Buena Vista project (GPNZC P96-0589). A Program EIR was prepared for the 691.37 acre Buena Vista project and the 281.92 acre Kern River Ranch project (GPA P97-0074). Impacts discussed in the EIR include "Land Use and Relevant Planning, Agriculture, Public Health and Safety, Aesthetics/Light and Glare, Traffic and Circulation, Noise, Air Quality, Biological Resources, Cultural Resources, and Public Services and Utilities (Public Services includes but is not limited to parks and recreation). The Final EIR with mitigation measures was certified on April 22, 1998. The EIR did not address deletion of that segment of the adopted collector alignment described above. The proposed amendment (GPA P98-0968) may affect traffic flow within the northwest quarter of Section 12 and/or the ,entire Buena Vista project (P96-0589). Such impacts would result from not having a "collector" roadway or a private street not designed to "collector" standards to accommodate traffic flow in Section 12. Presently, the adopted collector alignment does not exist as a developed roadway. If the "collector" roadway were to be constructed along the adopted alignment, such roadway would transverse agricultural land which is presently designated LR (Attachment "A"). The nearest urban type development is located approximately three-fourths of a mile east of the subject alignment. RED s:gpa-mar\0968-is APPENDIX I GENERAL PLAN AMENDMENT P98-0968 ENVIRONMENTAL IMPACTS Earth Soils -Three soil types are found within the subject sites: (1) Cajon sandy loam, overblown, 0 to 2 percent slopes, (2) Excelsior sandy loam and (3) Wasco sandy loam. Construction of the proposed project will result in 20 acres of these soil types to be insignificantly disrupted, compacted, displaced, overcovered and uncovered by grading, filling, trenching, installation of drainage facilities, and other ground preparation activities necessary for urban site development. If irrigation water is available, these soils are considered "prime" for agricultural purposes by the United States Department of Agriculture. Standard ordinance compliance includes the requirement for soils and grading reports prior to issuance of building permits and adherence to applicable building codes. (NOTE: This project, is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Agriculture is addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Geologic Hazards - Geology of the site consists of an alluvial fan, which is not considered a unique geologic or physical feature. The site is currently undeveloped. The proposed project would not create an unstable earth condition or cause changes to any geologic substructure. The project will not expose people, structures, or property to major geologic hazards such as landslides, mudslides or ground failure. Although no specific geologic hazards are known to occur within the boundaries of the project site, there are numerous geologic fractures in the earth's crust within the San Joaquin Valley, which is bordered by major, active fault systems. All development within the Metropolitan Bakersfield area is therefore subject to seismic hazards. Current development standards will require the project to comply with appropriate seismic design criteria from the Uniform Building Code, adequate drainage facility design, and complete preconstruction soils and grading studies. As the site is outside the Alquist-Priolo Seismic Zones, no special seismic studies would be required for this site prior to building structures for human occupancy. Erosion/Sedimentation - Ming Avenue (extended) and the "collector" alignment in question intersect at the Kern River Canal. Deletion of the alignment would not affect the Kern River Canal. Typical ordinance requirements ensure that erosion, siltation or deposition of soils from the site by water run- off will not occur through development of the project, nor through drainage of the site after construction. Wind erosion and fugitive dust may occur during the construction process; however, normal use of water spraying will control wind erosion impacts and should not be considered significant. Topography - The slope of the natural terrain on-site is fiat. Project will not result in a change to the topography and/or ground surface relief features of the area to a significant degree. Water Water Quality / Quantity - Groundwater - The project will not alter the direction or rate of flow, or substantially deplete the quantity of groundwater resources, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. The project will not contaminate a public watered, supply, substantially interfere with groundwater recharge or substantially degrade water quality~ ,.,,:, Appendix l GPA P98--0968 Page 2 Air Water service would be provided for the development by the City of Bakersfield. The cumulative impact to the water table would be negligible and insignificant. Surface Water - The project will not result in discharge into any surface water, alter surface water quality to a significant degree, including but not limited to temperature, dissolved oxygen or turbidity. The proposal will not contaminate any public water supply (See Erosion/Sedimentation under Earth. The proposal will not result in changes in currents or the course or direction of surface water movements. Flooding/Drainage - The project will not result in changes to the course or direction of fresh water currents, or result in changes to the amount of surface water, as the site does not contain, nor will the proposal impact, any rivers, streams or canals. Any action impacting this canal, resulting from this project, would have to be approved by the City of Bakersfield. Subject site is located within the Lake Isabella Dam Failure Inundation Area. In the event of dam failure, the estimated time for flood water to reach the subject site is eight hours. Changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff will be affected by the project. Development of any roadway as a substitute for the collector would change absorption rates, drainage patterns, and the rate and amount of surface water runoff as the project is developed. Current development standards require the project to comply with adequate drainage facility design, complete preconstruction soils and grading studies, and compliance with the City Public Works or Building Departments. (NOTE: This project, is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Water quality is addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Air Quality - Deletion of the adopted "collector" alignment would not create adverse air-quality impacts. However, construction of any roadway as a substitute alignment for the "collector" would cause short-term, non-significant, air pollutant impacts generated on and off-site during construction of any roadway including sources such as: dust from trenching, grading and vehicles; exhaust emissions from motor vehicles and construction equipment; and, emissions from asphalt paving of parking lots and roadways. Although there would be short and long-term air quality impacts from mobile sources of pollutants generated by any roadway construction, there will not be a substantial increase in air pollution emissions, nor will there be a significant deterioration of ambient air quality through development of this project. The proposal will not violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Air quality is addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Climate/Air Movement - The proposal will not significantly alter air movement, moisture, temperature and/or result in any change in climate, either locally or regionally. Appendix I GPA P98o0968 Page 3 Odors - The proposal and any roadway substituting for the "collector" does not appear to have the potential to create objectionable odors. Biological Resources Plants - The subject sites are currently undeveloped and consist of the agricultural field crop\vegetative community. New plant species will be introduced as a result of ornamental landscaping the park sites. A barrier would be created to the normal replenishment of existing plant species, as the site would be completely developed. Although existing species of plants on-site would be removed through urban development, the proposal will not entirely eliminate a plant community or substantially diminish or reduce wildlife habitat. These effects of urban development are not deemed significant. Animals - Observed animal life consisted of an occasional bird flying over the subject site. New animal species, such as domesticated dogs and cats, will be introduced as a result of occupying the surrounding area with urban uses. A barrier would be created to the normal replenishment of existing animal species, as the sites would be completely developed. Although existing species of animals on-site would be removed through urban development, the proposal will not entirely eliminate a wildlife community or substantially diminish or significantly reduce wildlife habitat. These effects of urban development are not deemed significant. Rare/Endangered Species - Permits and approvals for development associated with this project will be subject to the terms of the Metropolitan Bakersfield Habitat Conservation Plan and associated 10(a)(1)(B) and 2081 permits issued to the City by the U.S. Fish and Wildlife Service and State Department of Fish and Game, respectively. Terms of the permit require applicants for development projects to pay habitat mitigation fees, excavate known kit fox dens and notify agencies prior to grading. The Metropolitan Bakersfield Habitat Conservation Plan may be reviewed at the following location: City of Bakersfield, Planning Department, 1715 Chester Avenue, 2nd Floor, Bakersfield, CA, 93301. (805) 326-3733. Habitat Alteration - Urban development may alter the area's habitat by introducing domesticated or feral species of animals into the area. The project would not result in the creation of a barrier to the migration or movement of animals from the surrounding agricultural land. These impacts to wildlife habitat are considered in the Final Environmental Impact Report for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), and are not considered significant for the project proposed. The proposed project is not "significant" per CEQA, and a Certificate of Fee Exemption has been made with the California Department of Fish and Game. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. See attached De Minimis Impact Findings. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Biological resources were addressed in the EIR. The BUENA VISTA/KERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Transportation Traffic/Circulation - The proposed project will not generate additional vehicular movement. Without an adequate "collector" system, traffic congestion may be created on other streets within the Buena Vista project boundaries causing a substantial traffic increase in relation to the carrying capacity, of the street system. Appendix I GPA P98-0968 Page 4 (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. A traffic study was prepared for the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Parking - The proposal will not require new parking. Traffic Hazards - There would be no known significant increase in traffic hazards to motor vehicles, bicyclists, or pedestrians as a result of the proposal. Air/Water/Rail Svstems- The project will not affect waterborne, rail, or air traffic. Cultural Resources Archaeological/Historical - The Buena Vista portion of the Buena Vista/Kern River Ranch project is known to contain cultural resources. This Initial Study will be transmitted to the Archaeological Information Center (AIC) housed at California State University Bakersfield for their review, comments and recommendations. All measures indicated by the AIC will be completed prior to any ground disturbance. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Cultural resources are addressed in the EIR. The BUENA VISTA/KERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Land Use Compatibility - The land use designation along either side of the existing "collector" alignment is LR (Attachment "A"). Whether a "collector" or a private street is built to serve this area, the LR land use designation will be compatible with the "collector" or private street designation. General Plan - "Collector" streets are placed on mid-section lines and function to connect local streets with arterials (Metropolitan Bakersfield 2010 General Plan, 1990:Circulation Element, 111-13 and II1-15). Without the "collector" in question, the northwest quarter of Section 12 would not appear to have adequate "collector" access to an "arterial" street. Therefore the proposal to delete the "collector" designation is not consistent with the Circulation Element of the Metropolitan Bakersfield 2010 General Plan. Growth Inducement - The proposed project will not induce substantial growth. Prime Agricultural Land - Agricultural crops currently exist on site and surrounding area. The site contains prime agricultural soils, Development of any roadway will convert prime agricultural land to nonagricultural use. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Agricultural resources and land uses are addressed in the EIR. The BUENA VISTA/KERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Appendix l GPA P98-0968 Page 5 Public Services Police - Police protection for the area is currently provided by the City of Bakersfield. Fire - Fire protection services for the Metropolitan Bakersfield area are provided through a joint fire protection agreement between the City and County. Schools - The proposal will not produce new housing units and will not generate additional school- age children. Parks / Recreation - The proposal will not increase population within the area and will not result in an impact upon the quality and quantity of existing recreational opportunities and will not create a need for new parks or recreational facilities. Solid Waste / Disposal - The proposed project would not result in a need for substantial alterations to existing solid waste disposal systems. The development will not breach published national, state or local standards relating to solid waste or litter control. Facility Maintenance - Deletion of the "collector" and creation of a private gated street will reduce the City"s street maintenance responsibilities. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Public services are addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Utilities Water - The proposed development would not result in a need for significant additional systems or substantially alter the existing water utilities in the area. Expansion of all water utilities would be required to serve this development, but the impact is not considered significant. Wastewater - The proposal would not result in a need for significant additional systems or substantially alter the existing water utilities in the area. Expansion of wastewater utilities would be required to serve the private gated community proposed by the applicant. The impact is not considered significant. Storm Drainage - The proposed project would not result in a need for significant additional systems or substantially alter the storm drainage systems in the area. Expansion of all storm drain utilities would be required to serve this development, but the impact is not considered significant. Natural Gas - The proposed project would not result in a need for significant additional systems or substantially alter the natural gas systems in the area. Expansion of all natural gas utilities would be required to serve this development, but the impact is not considered significant. Electricity - The proposed project would not result in a need for significant additional systems or substantially alter the electricity systems in the area. Expansion of all electric utilities would be required to serve this development, but the impact is not considered significant. Appendix l GPA P98-0968 Page 6 Communications - The proposed development would not result in a need for significant additional systems or substantially alter the communications systems in the area. Expansion of all communication systems would be required to serve this development, but the impact is not considered significant. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Utilities are addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Population I Employment I Housing The proposal will not induce a substantial concentration or displacement of people, or significantly alter the location, distribution, density, or growth rate of the human population of the area, or affect existing housing or create a demand for additional housing. Health Hazards I Public Safety The proposal will not affect health hazards or public safety. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was cedified. Public health and safety are addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Noise The proposal will not create affect noise impacts. However, a private street with substantial traffic volume and without noise attenuation devices, may result in noise impacts. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Noise impacts are addressed in the EIR. The BUENA VISTA/KERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Aesthetics Grading and construction for any type of roadway would temporally alter the visual appearance of the area. Construction of any roadway and/or other structures would permanently alter views of the general area. (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Aesthetic impacts are addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Appendix I GPA P98-0968 Page 7 Li~lht and Glare Light and glare, resulting from any type of roadway or structural development, would increase as a result of electrical lighting facilities surrounding the proposed development and anticipated vehicle traffic. Site plan review of any proposed development will evaluate building location, material selection, lighting design, parking and signage placement to buffer proposed light impacts from surrounding developments. Proposed uses should not cause significant light or glare to existing or future development surrounding the site. Natural (NOTE: This project is a part of the larger Buena Vista/Kern River Ranch project for which an EIR was certified. Light and glare impacts are addressed in the EIR. The BUENA VISTNKERN RIVER RANCH PROGRAM ENVIRONMENTAL IMPACT REPORT is available for review at the City of Bakersfield Planning Department, 1715 Chester Avenue, Bakersfield, CA 93301 ). Resources No non-renewable or other natural resources exist on-site to be used or depleted through the proposed project. Energy Usage The proposed development would not result in significant irreversible environmental changes, including uses of nonrenewable energy resources, during the initial and continued phases of the project. The project will not result in significant energy requirements or lack of energy efficiency by amount or fuel type of a project's life cycle. The proposal will not result in significant effects on local and regional energy supplies or on requirements for additional energy capacity or sources, nor will the project result in significant effects on peak and base period demands for electricity and other forms of energy. The project will not conflict with existing energy standards, nor will it encourage activities which result in the wasteful or substantial use of significant amounts of fuel, water, or energy. The project will not result in significant effects on projected transportation energy requirements or in the project's overall use of efficient transportation alternatives. II. MANDATORY FINDINGS OF SIGNIFICANCE The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or impact important examples of the major pedods of California history or pre-history. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term, environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable or for which the incremental effects of an individual project are considerable when viewed in connection with the efforts of past projects, then current projects, and possible future projects. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Appendix I GPA P98-0968 Page 8 Reference List Metropolitan Bakersfield 2010 General Plan and Appendices, City of Bakersfield, Kern County, Kern COG, Golden Empire Transit, March 1990. Metropolitan Bakersfield 2010 General Plan DEIR, The Planning Center, July, 1989. Metropolitan Bakersfield 2010 General Plan FEIR, SCH ~-8907032, City of Bakersfield, County of Kern, KCOG, Golden Empire Transit, September, 1989. FEIR Metropolitan Bakersfield Habitat Conservation Plan, Thomas Reid Associates for the City of Bakersfield and Kern County, March 1991. Metropolitan Bakersfield Habitat Conservation Plan, Advisory Notice to Developers, 10(a)( 1 )(B) and 2081 permits, 1994. Title 17, Zoning Ordinance, Bakersfield Municipal Code. Final Buena Vista/Kern River Ranch Program Environmental Impact Report, February, 1998, City of Bakersfield. RED s:gpa-mar%0968-ai RR HMR GENERAL PLAN DESZGlikTTONS Ruraj. ReszaenTzaJ.. 2.5 gross u acres/awe2~,~g unzT} ~-staTe ReszdenT~a~ ! dwej.L~; Sl uozt/neT acre ~ Suburoan Res~aent~a~ =. Leas Than or eQua~ ~:o 4 awe~,~rlg u~zl:s/net aGret Low Oens~ty Res~QenT~ . ~ess ~h~ or eOU8~ To 7.26 unitsloot acre) ~Uow MM~m Oens~y Res~GenT~a~ . g~ater ~han 4 aria ~eas Than or e~a~ ~o 10 dwe~g units/net ~ Me~e Oens~y Res~en~ Q~a~er ~an 7.26 an. ~es8 17.42 ~~g units/neT acre) ( HJCi~ Density RemZclentZ~L . greeter Tllln 17.42 aria Lees Than or equLL 1:o 72,5 dweJ,LLng units /net acre ) HC ( HLOIlwey Cammercza~ ) GC (General Commerczal) IIC ( Maior Ccmmerc:a~) OC (Office Coamercz~L) IIJc (aZxea Use Comaercz L) Freau .ptmidommmto 'thmu traf c .~ P I L.ight Ludustnai) ~ Semce lnctsuzn~i / Heavy. indnstnai) Public Facilities ~ < Pubfi~Priva~ Scbaoil ( Pubtic TrznsporuUon I P. SW r Sofid Waste Faciiidesz OS f Open Space ~ OS-P (Parks) OS-S (Slopes) R-IA (Reso,rce-latenslveAgncult,ze, ZO Icfe~ miniearn) it-K , R*MP ( Keman:e-Minea, zt Petroleum. tza~ic.w~tha ,-,;,,i,,.aa to pmvide C-"k x~mimoatomtmeaiocmisumm have grade ° · ° ° czr iratrim ' . san eel.udxzm-beu 5amlmare-ckik~,jyfor~,,q~,~.aaxsaad Minutes, PC, Thursday, March 18, 1999 Page 23 8.7) Commissioner Dhanens stated that based on the fact th ~t is vacated and they have made an attempt to notify the surrounding pro owners, per ordinance, he would be in support of staffs recommendati o delete the collector status, and would be prepared to make a motion to so. Motion was made by Commissioner anens, seconded by Commissioner Boyle, to adopt the resolution a oving the proposed General Plan Amendment with findings as presented i aid resolution, see Attached Exhibit "B" and recommending the sam o the City Council. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Dhanens, Kemper, Ortiz, Sprague, Tavorn, Tkac General Plan Amendment P98-0968 - Castle and Cooke. CA. Inc. Staff reported that there was nothing to add from Monday's meeting. Public portion of the meeting was opened up. Roger Mclntosh, with Martin-Mclntosh Engineering, representing Castle & Cooke stated they just received approval from Seven Oaks to add an additional 9 hole golf course west of Buena Vista. They want to make the street more fdendly rather than a collector that nobody uses like Grand Lakes. Public portion of the meeting was closed. Commissioner Dhanens asked Mr. Mclntosh if this is the first time that City Staff has seen the layout shown tonight, to which Mr. Mclntosh reported that they have met with Staff, and believes that Mr. Grady has seen something similar to this particular layout in the past, although it was not a formal part of their application because they were waiting for the members at Seven Oaks to approve the concept. Commissioner Dhanens inquired if staff could provide an opinion on Mr. Mclntosh's justification for the deletion and use as a basis for a finding and voting on tonight to which staff responded that they have expressed non-support for the original request because it was such an integral part of the previous EIR, the circulation element. Just off the cuff, he doesn't think it would be a problem if it was eliminated, however, he is not ready to make a decision, and believes that Mr. Mclntosh could provide the numbers and bdng it back in the next two weeks. Commissioner Dhanens agreed with staff on this and would not be opposed to continuing this matter so the analysis can be done. DRAFT Minutes, PC, Thursday, March 18, 1999 Page 24 8.8) Commissioner Dhanens further inquired if the proposal for a gated community impact their analysis of the circulation element change being proposed, to which staff reported in the affirmative. Commissioner Boyle inquired what their protection is if the collector is deleted and then the project plan comes back as something totally different then is now being proposed, to which staff responded if the collector is deleted based on what is proposed now, the only assurance you have that they are going to do what they say is the presentation tonight. He has a land use pattern that does not acknowledge the golf course. The density would still be there, and if the collector is gone, they could build it or the golf course. Commissioner Boyle stated he is concerned that once the collector is deleted they could put in any kind of development they wanted as long as it met City standards, and they would not be obligated to put a collector back in, to which staff responded in the affirmative. Commissioner Boyle stated he thinks the concept should be proposed as either a General Plan Amendment or a subdivision map or something where they can have a condition of approval that requires the gated communities, etc. Mr. Mclntosh commented that they have submitted a tentative tract map for an area showing private gates. Given the densities that they are committed to on the General Plan to support the park plan, they have severely down grounded the densities (in some case 2 and 3 dwelling units per acre) because of the golf course, and those densities would go down even more if the golf course didn't get built. He thinks they can show that whether it is a private or public street, it would not require a collector just because the densities are not there. Commissioner Boyle moved to continue this matter to April 1, 1999, and if there is a pre-meeting, to continue it to the pre-meeting. Staff requested direction from the commission to which Commissioner Boyle responded they want a traffic study. Motion seconded by Commissioner Sprague. Motion is carried. General Plan AmendmentS9\9-0028 - City of Bakersfield Staff report requested that this beeferred to the next cycle, so they can notice 8 larger area. '\~ Commissioner Dhanens moved to defer thi~i~em to the next general plan cycle. Motion seconded by Tavorn. ,. ',\ DRAFT DRAFT EXCERPT FROM PLANNING COMMISSION MINUTES OF APRIL 1, 1999 PUBLIC HEARING - General Plan Amendment P98-0968 - Castle and Cooke, CA Staff report was given by Stanley Grady, Planning Director. Mr. Grady said that at the Monday pre-meeting staff had indicated that the Traffic Engineer reviewed some information that was submitted by the applicant and was in favor of approving the deletion of the collector. Mr. Grady mentioned that a memorandum was provided to the Planning Commission dated April 1, 1999 containing the motion that would need to be made in favor of deleting the collector. Public portion of the meeting was opened. No one spoke in opposition. Roger Mclntosh, representing Castle and Cooke, CA, stated that he has reviewed the April 1 memorandum from the Planning Department and agrees with the conditions of approval as recommended by the Traffic Engineer. Public portion of the meeting was closed. Commissioner Boyle asked staff if we delete the collector and the project is sold to a different developer who decides not to do gated streets, gated communities etc., how is the project going to be conditioned to make sure this project will be gated? Will the existing conditions do that? Mr. Grady, stated that a condition of approval may be made that it would be gated at both ends. Mr. Mclntosh said that this is no different than the collector that was just deleted in Seven Oaks into Grand Lakes Blvd. He didn't see a need to add another condition. He felt it was unnecessary as the collector is not needed because of the density in the area, whether its gated or not. Commissioner Boyle asked Mr. Grady if some other developer came in and wanted to increase the density would staff automatically bring back the issue of recreation of the collector?. Mr. Grady said that that would be reevaluated. Commissioner Dhanens said that based on Mr. Grady's response to Commissioner Boyle's questions that he would make a motion to adopt a resolution making findings recommending adoption of negative declaration and recommending approval of GPA P98-0968 amending the Circulation Element of the Metropolitan Bakersfield 2010 General Plan with the findings and conditions of approval contained in memorandum dated Apdl 1, 1999 from Stanley Grady to Planning Commission. Commissioner Brady seconded and the motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, Tkac NOES: None DRAFT