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HomeMy WebLinkAboutRES NO 70-97RESOLUTION NO. ~' 0., 9 ~' A RESOLUTION MAKING FINDINGS, ADOPTING THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (GPA P96-0287). 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 17, 1997 and THURSDAY, MARCH 20, 1997, on the 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 ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such GPA P96-0287 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P96-0287 Castle and Cooke California Inc., has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change as follows: General Plan Amendment to HMR on 22.46 acres, GC on 23.46 acres, OS-P on 1.43 acres and LR on 99.58 acres, located north of Stockdale Highway to the Rio Bravo Canal/Kern River Freeway alignment, east of Allen Road; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would have a significant effect on the environment and an Environmental Impact Report was prepared in accordance with CEQA; and WHEREAS, by Resolution No. 13-97 on March 20, 1997, the Planning Commission recommended approval and adoption of GPA P96-0287 subject to conditions listed in Exhibit "B" 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, MAY 7, 1997, 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 WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the findings of the City Council in this matter. 2. The General Plan Amendment P96-0287 is hereby approved as recommended by staff including GC on 23.46 acres and OS-P on 1.43 acres as requested by the applicant with mitigation measures adopted in the South of Brimhall Road EIR. 3. The Planning Commission finds there is a lack of available acreage available for multi family development. 4. That the project is mostly residential in character and is compatible with the surrounding development. 5. That infrastructure exists or can easily be provided to accommodate the types and intensity of development. 6. That this project was the subject of an EIR and the entire environmental record is incorporated by reference as set forth in the resolution certifying the FEIR. 7. That there is a need for a larger (20-acre plus) commercial site than is already available to serve the entire project area. approved. planning. 8. That the 24.66 acres requested to GO designation is hereby 9. That the two, 1 O-acre sites for HMR zoning do not promote "good" 10. That the HMR 10-acre site located along the Old Farm Road collector and the city adopted alignment of the Kern River Freeway does not promote "good" planning and is inconsistent with the surrounding area. 11. That the HMR property would be better suited at the corner of the collector (Old Farm Road) and an arterial (Stockdale Highway). 12. That the HMR property is of sufficient size at 17 acres. 13. That in order for the HMR and GC zoned properties to be more compatible with the surrounding areas, a 20-foot wide landscaped strip shall be required along the arterial and collector streets with no access to the arterial. 14. That the city is concerned with the provision of providing recreation 15. That the developer is also concerned with the provision of providing recreation and park facilities for the neighborhood. 16. That the developer will construct or pay in-lieu fees for park construction if the city adopts an ordinance. 17. The retention of the Old Farm Road as a collector is needed for the overall circulation system. 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 Environmental Impact Report for the South of Brimhall Road project is hereby approved, adopted and certified. 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 the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A," attached hereto and incorporated as though fully set forth, for property generally located north of Stockdale Highway to the Rio Bravo Canal/Kern River Freeway alignment, east of Allen Road, subject to conditions of approval shown on Exhibit "B." 5. That GPA P96-0287, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment to the Metropolitan Bakersfield 2010 General Plan. 6. File of the Notice of Determination. Upon approval and adoption of the project, the Planning Department is hereby directed to file a Notice of Determination with the county Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and the State CEQA Guidelines adopted pursuant thereto. ......... 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 M~,¥ ? 1~97 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, H~.~YL~, SULLIVAN, SALVAGGIO NOES: COUNCtLMEMSER &gSTAIN: COUNCILMEMBER _ A&.qEN~ COUNClLMEMBER )'~,,(,t'A_.[ _ CITY CLERK and Ex Off~io Clerk of the Council of the City of Bakersfield APPROVED MAY "~'1' 19~ BOB PI~1 ~C~Ei~' MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MO:pjt May 22, 1997 res\r0287-cc 4 r SR IGC SR SR P p ~ SR SR SR SR SOUTH OF BRIMHALL ROAD - CITY COUNCIL ADOPTION SR I,.. ,~ 'lad SR 8RIMHN. L LR GPA P96-0521 EIR LR LR GENERAL PLAN AMENDMENT P96-0287 TO PLAN LR R-IA OS OS-P / / GC I LMR oc "] LR .. SR GC LR 05 OS OC ~--'- I Ill EXHIBIT "B" General Plan Amendment and Zone Change P96-0287 Mitigation Measures and Condition of Approval The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted Fee schedule. These fees have been established by Council as minimum mitigation for build out of the General Plan. In addition, the following mitigation measures, beyond the RTIF facilities, have been identified in the DEIR as being necessary with development of the GPA area; they shall be fully funded and paid for by the developer, and shall be constructed at the time its respective site access road is connected to the arterial. These are related to site access points as identified in Figure 5 of the traffic impact study. Entrance #1 (Old Farm Road or other un-named collector) @ Stockdale Highway. Install traffic signal and provide 4-lane collector (either Old Farm Road with connecting access to the Fairways Development or un-named collector aligned connecting access to the Fairways Development). Entrance #3 @ Allen Road. Install traffic signal and provide 44' flowline local collector roadway to provide access to Zone 2 residential traffic (southwest quadrant of study area). Old Farm Road should remain as a Collector or a modified collector as approved by the City Engineer. Upon first subdivision or development of the property within the Concurrent GPA and zone change area. The subdivider/developer shall submit offers of dedication to City standard widths for Allen Road and Old Farm Road, including expanded intersections, all as shown on the circulation element of the 2010 General Plan. A conceptual drainage study shall be submitted to and approved by the City Engineer. The drainage study should include, but not necessarily be limited to the proposed retention basin site(s) and size, and anticipated construction phasing. At the time of first development, subsequent more detailed studies shall be required to be submitted to and approved by the City Engineer. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). Necessary flowage/drainage easements as indicated in the approved drainage study shall be submitted to the City Engineer. The area of the Kern River Freeway right-of-way shall be reserved between Calloway Drive and Allen Road. Upon subdivision or development of property within the GPA and zone change area. Municipal sewer and water services shall be provided. The portion of the Allen Road Trunk Sewer within or adjacent to the Concurrent GPA and zone change area shall be constructed with the development of the first area within the Allen Road Trunk Sewer Service area. If the first subdivision or development of the property within the area within the Allen Road Trunk Sewer Service area is submitted prior to the completion of assessment district formation proceedings, then the developer shall make arrangements, satisfactory to the City Engineer, ensuring the subject property's financial participation in the district. Exhibit "B" GPA/ZC P96-0287 Mitigation Measures & Conditions of Approval Page 2 10. 11. 12. 13. 14. 15. Mainline extensions to provide services for future development/subdivision shall be made. Prior to first subdivision or development of the property within the Concurrent GPA and zone change area, a master concept proposal for providing municipal services shall be submitted to and approved by the City Engineer. Sewer service exists along the Buena Vista Road alignment. However, the trunk sewer pipeline to be located in Allen Road will ultimately serve the area. Therefore, provisions will be made to allow the sewer to ultimately gravity flow to Allen Road, but the Buena Vista line may be utilized on an interim basis until the Allen Road trunk system is completed. Fees will be paid to allow the area the use of the Buena Vista and Stockdale trunk sewers. Access to arterials shall be limited subject to review upon development or subdivision. Final development plans and/or subdivisions shall incorporate the latest adopted freeway plan lines. To reduce the project's contribution to the significant cumulative traffic impacts on intersections and roadway segments in the year 2020, the following mitigation is required. Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program, The above fees shall be used to provide improvements to improve intersections and roadway segments to an acceptable level of service (LOS C). The following improvements are anticipated based on the fee program. Fully expand and signalize the 22 intersections listed in Table 5.3-2 of the Draft E.I.R. per City of Bakersfield Standard Detail 'T-4'. Widen the 49 roadway segments that are located on Table 5.3-3 to the lane configuration shown in Table 7 in Appendix D of the Draft E.I,R, The proposed 758 acre project includes nine site entrances resulting in eight new intersections and one improved intersection. These intersection improvements are not included in the Updated Transportation Impact Fee Program. Therefore, the project applicant will construct the following eight new intersections and one improved intersection. Two of the intersections (Entrance #1/Stockdale Highway and Entrance #3/Allen Road) will require traffic signals: Entrance #1/Stockdale Highway Entrance #2/Allen Road Entrance #3/Allen Road Prior to recordation of tract maps, the location of drainage sumps will be identified. To reduce the potential for water quality impacts on the water supply in the Cross Valley Canal, drainage sumps will be required to be located a minimum of 300 feet from the Cress Valley Canal. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). To reduce significant traffic noise impacts at proposed project residential locations adjacent to Stockdale Highway and Allen Road the project applicant shall implement the following: Exhibit "B" GPNZC P96-0287 Mitigation Measures & Conditions of Approval Page 3 The project applicant shall incorporate sound barriers along Stockdale Highway and Allen Road to reduce exterior traffic noise levels at the proposed residences below 65 dBA CNEL. Since lot design and grading plans are not yet available, the exact height and location of barriers cannot be accurately determined at this time. However, barriers between 6 and 6 feet high may be required to reduce noise levels to acceptable levels. 16. The construction of the proposed project would result in the generation of fugitive dust. Compliance with San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) Regulation VIII would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented. 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 SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. 17. The construction of the proposed project would include asphalt paving. Compliance with SJVUAPCD Rule 4641 would result in no significant ROG emissions. To ensure compliance, the following measure shall be implemented. 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 SJVUAPCD stating the measures that shall be completed during asphalt paving to comply with SJVUAPCD Rule 4641. 18. To reduce NOx emissions, the following measures shall be completed: The construction grading plans shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacture's specifications. The construction grading plans shall include a statement that work crews will shut off construction equipment when not in use. 19. The project applicant shall incorporate the following in building plans: Solar or Iow-emission water heater shall be used. Central water heating systems shall be used. Double-panned glass shall be used in all windows. Energy efficient Iow-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in the proposed commercial area. 20. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, (CSUB) and to the City of Bakersfield Development Services Department. 21. Residential structures shall be setback a minimum 50-feet from all agricultural zones. Exhibit "B" GPNZC P96-0287 Mitigation Measures & Conditions of Approval Page 4 22. Prior to recordation of tract maps, all abandoned oil wells shall be identified, tested for leakage, and, if necessary, re-abandoned in accordance with Department of Oil and Gas procedures to avoid potential gas migration impacts. 23. Prior to recordation of tract maps, all idle and producing oil wells on the project site shall be enclosed by block walls to reduce the potential for accidents, as required by local ordinance. 24. Prior to recordation of tract maps, the project applicant shall provide setbacks from idle and producing oil wells in accordance with the City's Municipal Code. The setbacks shall be a minimum of 100 feet for residences and a minimum of 300 feet for assembly, education, and institutional occupancies. 25. Prior to issuance of building permits, all oil contaminated soil shall be remediated to the satisfaction of the Local Unified Program Agency (The Office of Environmental Services - Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board, and/or the California Department of Toxic Substances Control. 26. To reduce potential significant impacts on the Kern High School District, the project applicant, prior to the issuance of a building permit within the project area, will be required to pay the Kern High School District $1.42 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each residence for the purpose of providing facilities. This amount will increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which increase will be effective as of the date of that meeting. The project applicant will also be required to provided developer impact fees for commercial uses. These fees will be in accordance with the Kern High School District fees as defined in Section 65995 of the Government Code. 27. To reduce potential significant impacts on the Rosedale Union School District, the project applicant will be required to contribute developer impact fees for the project site in accordance with Community Facilities District 92-1 or annex the project site into Community Facilities District 92-1. 28. The project applicant will be required to dedicate land, pay a fee in accordance with the park standard, or a combination of parkland dedication and payment of a fee. The project applicant will be required to dedicate for the entire EIR site approximately 24.08 acres of land for the entire 758 acre project area. 29. The applicant has offered to dedicate the 20-foot wide equestrian easement along the east side of Allen Road (at the Rio Bravo Spreading Grounds) southerly to Stockdale Highway, then easterly to the Cross Valley Canal, subject to the approval of the Planning Director, prior to the issuance of a building permit for the project. Further, that Castle & Cooke will dedicate a one acre site, for a "staging" area and picnic area, prior to the issuance of a building permit for the site. Castle & Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses, subject to the approval of the Planning Director, within three years from commencement of the project. If the policy for park development credit is adopted for trails by the City of Bakersfield, the city will recommend that North Bakersfield Recreation & Park District give the applicant park credit for the "staging" area improvements, which are provided in excess of $30,000. The one acre site for the "staging" area is located north of the intersection of Stockdale Highway and the Cross Valley Canal. See attached Exhibit '~" for the detail of the "staging"/picnic area and Equestrian Trail cross-section. Exhibit "B" GPNZC P96-0287 Mitigation Measures & Conditions of Approval Page 5 30. Prior 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. 31. The following restrictions shall apply to the HMR/R-2 area: There shall be no direct access to Stockdale Highway from the site. There shall be a 20-foot wide landscaping along Stockdale Highway and Old Farm Road. This 20-foot wide landscaping area is in addition to the equestrian easement required above. 32. The following restrictions shall apply to the GC/C-2 area: There shall be a 20-foot wide landscaping along Stockdale Highway and Old Farm Road. This 20-foot wide easement area is in addition to the equestrian easement required above. 33. Applicant shall pay a park development fee, should a park development fee be adopted by the City Council, for that portion of North Bakersfield Recreation and Park District. MO:~t May 21,1997 p:gO287-eb ~-3 RAIL FENCE /'-...../ EOUESTRIAN 'iR AIL 42' COMMERCIAL~ DRIVE APPROACH FLOWLINE -o~m IRE SIDEWAI K/ 0 $1DESLOF'E AREA © BLOCK WALL~ / ,4. OSLIRE NOT£: EQUESTRIAN tk~PROVEMENTS ARE · CONCEF'TLIAL COST C,F IUPROVEt~ENT~O B~ DEveLOPED APE LIMIIED TO ~30,00 / e'~ . - SOUTH BRIMHALL RD EIR EQUESTRIAN TRAIL 20' ~'ASEMENT -'r'PiCAL 2,3' EASEMENT ~T ALCS','E RJW AT STOCKDALE HWY., AT ALLEN ROAD ---- TO BE DETERMINED BY THE CITY PUBLIC WORKS DEPT. SPLIT-FACE ,3CNCRr.--?E- BLCC;< ',','ALL ', 5' MIN. [ LANDSCAPING ~ONCRLi ~ ~OW C~R~ -~ _~' CONCRET,'E FAIL FENCE---~ 1 2' WIDE MEANDERING UNPAVED TRAIL · [ 5' --~SiD6' MIN. I~-~NALK LANDSCAPING EXHIBIT "C" GPA P96-0287 Page 2 of 2