HomeMy WebLinkAboutRES NO 69-97RESOLUTION NO. 6 9 - 9 ?
A RESOLUTION MAKING FINDINGS ADOPTING AN
AMENDMENT TO THE LAND USE ELEMENT AND THE
KERN RIVER PLAN ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN (GPA NO. P96-
0286)
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 and Kern River Plan 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 P96-0286 of the proposed amendment to the Land
Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010
General Plan is as follows:
General Plan Amendment No. P96-0286
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 from R-IA to LR on 79.43 acres and to
OS-P on 8.47 acres within the project site located south of
Stockdale Highway to the Cross Valley Canal, east of Allen
Road. Removal of 79.43 acres of land from the Kern River
Plan Element, located south of Stockdale Highway to the
Cross Valley Canal, 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, Castle and Cooke California Inc., entered into an agreement
with the City to implement all mitigation measures identified in the environmental
analysis contained with the EIR; and
WHEREAS, by Resolution No. 17-97 on March 20, 1997, the Planning
Commission recommended approval and adoption of GPA No. P98-0286, but denial of
the request to remove it from the Kern River Plan Element, 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 and Kern River Plan 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 Califomian, a local newspaper of general circulation; and
findings:
WHEREAS, the Council has considered and hereby makes the following
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 P96-0286 is hereby approved as
recommended by the Planning Commission including 8.47 acres of open space as
requested by the applicant with mitigation measures adopted in the South of Brimhall
Road EIR.
3. That this project was the subject of an Environmental Impact
Report and the entire environmental record is incorporated by reference as set forth in
the resolution certifying the FEIR.
4. That infrastructure exists or can easily be provided to
accommodate the types and intensity of the development.
5. The project site is located within the Kern River Plan Element and
is presently designated Map Code No. 8.1 (Intensive Agriculture).
6. File 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 Guideline adopted pursuant thereto.
7. That the area will be developed with single family residential units
and therefore, special development requirements found in the Kern River Plan Element
will not apply to the development of the site.
8. That by removing the site from the Kern River Plan Element of the
Metropolitan Bakersfield 2010 General Plan will not significantly impact the surrounding
areas nor the areas adjacent to the site that will be left in the Kern River Plan Element
boundary.
9. That the site shall be removed from the Kern River Plan Element
10. That the city is concerned with the provision of providing recreation
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11. That the developer is also concerned with the provision of providing
recreation and park facilities for the neighborhood.
12. That the developer will construct or pay in-lieu fees for park
construction if the city adopts an ordinance.
13. That the developer has agreed to provide a buffer 40-foot wide
along the south side of the site adjacent to the Cross Valley Canal.
14. That the developer has agreed to construct a 30-foot wide
easement along the south side of Stockdale Highway right-of-way which includes
landscaping and a bike path.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
correct.
1. The above recitals and findings, incorporated herein, are true and
2. The Environmental Impact Report for the South of Brimhall 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 and Kern River Plan 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 south of
Stockdale Highway, east of Allen Road, subject to conditions of approval shown on
Exhibit "B."
5. That GPA No. P96-0286, approved herein, be combined with other
approved segments described in separate resolutions, to form a single Land Use
Element/Kern River Plan Element Amendment of the Metropolitan Bakersfield 2010
General Plan.
6. File 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 Guideline 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,~¥ ~ 1997 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTI~, R~t~/t, ES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ASSENT: COUNCILMEMBER
CITY CLERK and Ex (~fficio Clerk of the
Council of the City of Bakersfield
MAY ? 1997
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
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May 21, 1997
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EXHIBIT "B"
General Plan Amendment and Zone Change P96-0286
Mitigation Measures
The developer shall be required to contribute to the Phase il, 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.
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 Alien 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).
c. Necessary flowage/drainage easements as indicated in the approved drainage
study shall be submitted to the City Engineer.
Upon subdivision or development of property within the GPA and zone change area,
a. Municipal sewer and water services shall be provided.
b. 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.
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.)
Exhibit "B"
GPNZC P96-0286
Mitigation Measures
Page 2
5. Access to arterials shall be limited subject to review upon development or subdivision.
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 in the Draft EIR
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.
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).
Prior to the issuance of a grading permit on the 87+ acre parcel south of Stockdale
Highway, the project proponent 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 the 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 pdor to site grading to search for active
kit fox dens.
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 will be inspected prior to burial or closure to ensure no kit foxes, or
other protected species, become entrapped.
Excavations shall either be similar constructed with escape ramps or covered to
prevent entrapment.
Prior to grading within the approximately 87+ acre parcel south of Stockdale
Highway, the proposed 40-foot wide buffer zone of open space shall be fenced off
and posted during construction to prevent damage to vegetation, burrows and nests
from heavy equipment and construction vehicles.
All food, garbage, plastic shall be disposed of in closed containers and regularly
removed from the site to minimize attracting kit fox or other animals.
Exhibit "B"
GPNZC P96-0286
Mitigation Measures
Page 3
10.
11.
12.
13.
Prior to the issuance of a grading permit for the approximately 87+ acre parcel south of
Stockdale Highway, the project applicant shall comply with the following raptor nest
mitigation to the City of Bakersfield.
If grading is proposed during the raptor nesting season (February-September) a
focused survey for raptor nests shall be conducted prior to grading activities be a
qualified raptor biologist in order to identify active nests in areas potentially
impacted by project implementation.
If construction is proposed to take place during the breeding season, no
construction activity shall take place within 500 feet of an active nest until the young
have fledged (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-January).
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:
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 8 feet high may be required to reduce noise levels
to acceptable levels.
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.
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.
Exhibit "B"
GPNZC P96-0286
Mitigation Measures
Page 4
14.
15.
16.
17.
18.
19.
20.
21.
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.
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-panned glass shall be used in all windows.
Energy efficient low-sodium parking lot lights shall be used.
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.
Residential structures shall be setback a minimum 50-feet from all agricultural zones.
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.
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.
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.
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.
Exhibit "B"
GPNZC P96-0286
Mitigation Measures
Page 5
22.
To reduce potential significant effects 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.
23.
To reduce potential significant effects 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.
24.
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.
25.
Prior to grading within the approximately 87+ acre parcel south of Stockdale Highway, the
proposed 40-foot wide buffer zone of open space shall be fenced off and posted during
construction to prevent damage to vegetation, burrows, and nests from heavy equipment
and construction vehicles.
26.
The Open Space buffer between the Cross Valley Canal and the residential area shall be
40-feet wide.
27.
The Kern River Plan Element shall be amended to eliminate the residential area (87+ acres
parcel) from the plan.
28.
The applicant shall construct a 30-foot wide area along the south side of Stockdale Highway
from Allen Road to the Cross Valley Canal/Kern River/Stockdale Highway bddge. This 30-
foot wide area, as shown on Exhibit "C", shall contain, at a minimum, a five-foot wide
sidewalk adjacent to the curb, a ten-foot wide landscaping strip either bermed and/or
depressed, a 12-foot wide standard concrete/asphalt bike path and a 3-foot wide
landscaped area along a solid six-foot high masonry block wall, with the approval of the City
Engineer and Parks Department.
MO:PJT
May 28,1997
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