HomeMy WebLinkAboutRES NO 68-97RESOLUTION NO. 6 8 - 9 ~'
A RESOLUTION MAKING FINDINGS, ADOPTING THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN (GPA P96-0521).
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 Califomian,
a local newspaper of general circulation; and
WHEREAS, such GPA P96-0521 of the proposed amendment to the Land
Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General
Plan is as follows:
General Plan Amendment No. P96-0521
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 LR on 30.73 acres, located south of
Brimhall Road to the city adopted alignment of the Kern
River Freeway/Rio Bravo Canal, between Allen Road and
Calloway Drive.
and
Amendment of the Circulation Element of the Metropolitan
Bakersfield 2010 General Plan to delete Old Farm Road as
a collector, located % mile east of Allen Road, between
Brimhall Road and Stockdale Highway; and the deletion of
the collector which runs parallel along the north side of the
city-adopted alignment of the Kern River Freeway between
Allen Road and Verdugo Lane;
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 within the EIR.
WHEREAS, the Planning Commission recommended against the
requested deletion of collectors and said recommendation has been appealed by the
applicant; and
WHEREAS, by Resolution No. 16-97 on March 20, 1997, the Planning
Commission recommended approval and adoption of GPA P96-0521 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 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
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 P96-0521 is hereby adopted as
proposed by staff with mitigation measures adopted in the South of Brimhall Road EIR.
3. That Castle & Cooke California, Inc. by prior written agreement
agreed to comply with all adopted mitigation measures contained within the EIR.
4. It is the function of collector streets to provide "internal"
thoroughfares which "collect" local street traffic and provide access to arterials at
controlled intersections.
5. Lack of a collector within any developed area means some
"local"streets will be utilized as a collector with the attendant unsafe speeds and traffic
accidents.
6. That the requested Circulation Element Amendment to delete two
collectors is hereby denied.
7. That the project is mostly residential in character and is compatible
with the surrounding development.
8. That the collectors are needed for such a large scale development.
9. That the project is mostly residential in character and is compatible
with the surrounding development.
10. 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.
11. That the lot sizes along the south side of Brimhall Road should be
more compatible with the lot sizes north of Brimhall Road.
12. That the first tier of lots adjacent to Brimhall Road shall be 18,000
square feet in area.
13. That the retention of collectors is needed for the overall circulation
system and therefore, Old Farm Road shall remain as a collector, Verdugo Road shall
remain a collector and the east-west roadway along the north side of the city adopted
alignment of the Kern River Freeway shall be a modified collector with no lots fronting
on the modified collector.
14. That the lots along the east-west modified collector shall have the
same treatment as a "standard" double frontage lot with a 6-foot high block wall along
the modified collector.
15. That the city is concerned with the provision of providing recreation
and park facilities to the residents.
16. That the developer is also concerned with the provision of providing
recreation and park facilities for the neighborhood.
17. That the developer will construct or pay in-lieu fees for park
construction if the city adopts an ordinance.
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
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 denies of the Circulation Element Amendment of the
Metropolitan Bakersfield 2010 General Plan. The land use amendment consists of
changes as shown on the map marked Exhibit "A," attached hereto and incorporated as
though fully set forth, for property generally located south of Brimhall Road to city
adopted alignment of the Kern River Freeway between Allen Road and Calloway Drive,
subject to conditions of approval shown on Exhibit "B."
5. That GPA P96-0521 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 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
YAY' ' ? 1~7 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, rlC';,"~, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~ ~.~o .....
ABSTAIN: COUNCILMEMBER
/~&SENT: COUNCILMEMBER
MAY~ ? 1~7
APPROVED
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio/C/l'erk of the
Council of the City of Bakersfield
4
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MO:pjt
May 22, 1997
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EXHIBIT "B"
General Plan Amendment and Zone Change P96-0521
Mitigation Measures and Conditions 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).
Entrance #4 @ Allen Road. (This would be the re-alignment of the Collector
discussed in the following item 3). Provide either a 44' flowline local collector with
limited access or install a traffic signal and the re-aligned Collector roadway.
Entrance #8 @ Calloway. Install traffic signal and provide a 44' flowline local
collector roadway to provide access to Zone 1A residential traffic (northeast
quadrant of study area).
A realignment is required to bring the Collector, that is parallel to the Kern River Freeway, to
a point midway between the interchange and Brimhall Road, coinciding with Entrance
The portion of the Collector or a modified collector as approved by the City Engineer from
Old Farm Road east should remain, as should Old Farm Road itself.
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, Brimhall Road, the un-named collector between Old Farm Road and
Verdugo Lane, 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). : ~ :~: -?
Exhibit "B"
GPNZC P96-0521
Mitigation Measures & Conditions of Approval
Page 2
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,
6. Upon subdivision or development of property within the GPA and zone change area.
a. 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 properry'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.
8. 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.
10.
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.
Pdor to the issuance of building permits, the project applicant shall comply with the
Metropolitan Bakersfield Transportation impact Fee Program.
11.
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 EIR
per City of Bakersfield Standard Detail 'T-4'.
Exhibit "B"
GPA/ZC P96-0521
Mitigation Measures & Conditions of Approval
Page3
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.
12.
The proposed 758 acre project includes nine site entrances resulting in eight new
intersections and one improved intersection. These intersection improvement 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.
One of the intersections (Entrance #8/Calloway Drive) will require traffic signals.
Entrance #1/Stockdale Highway
Entrance #2/Allen Road
Entrance #3/Allen Road
Entrance ~4/Brimhall Road
Entrance #5/Brimhalt Road
Entrance #6/Brimhall Road
Entrance #7/Brimhall Road
Entrance #8/Calloway Drive
Existing Depetro Drive Entrance
13.
To reduce significant traffic noise impacts at proposed project residential locations adjacent
to Allen Road and Calloway Drive, the project applicant shall implement the following:
The project applicant shall incorporate sound barriers along Allen Road and
Calloway Drive 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.
14.
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 ¥111 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, 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.
15.
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.
Pdor to the approval of a grading plan for any residential tract, 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 P96-0521
Mitigation Measures & Conditions of Approval
Page 4
16. 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.
17. 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.
18.
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.
19. Residential structures shall be setback a minimum 50-feet from all agricultural zones.
20.
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.
21.
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.
22.
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.
23.
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.
24.
Pdor to recordation of tract maps within 100 feet of the burn dump site, the project applicant
shall demonstrate that soil on the proposed residential uses located adjacent to the
Rosedale Burn Dump is below State Total Threshold Limit Concentrations for metals as set
forth in Title 22 of the California Code of Regulations. If the soil is found to be above these
concentrations, remediation (e.g. removal, extraction, bio-remediation) shall be conducted~.~,"
by the project applicant for the contaminated soil.
Exhibit "B"
GPA/ZC P96-0521
Mitigation Measures & Conditions of Approval
Page 5
25.
26.
27,
28.
29.
30.
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
$5995 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 85995 of the
Government Code.
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.
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.
The east-west collector between Old Farm Road and Allen Road to be a modified collector
without housing fronting on it, as approved by the City Engineer.
The following restrictions to minimum lot sizes shall apply to properly adjacent to Brimhall
Road from west of the high school to Allen Road. Those lots adjacent to Brimhall Road shall
have a minimum of 18,000 square feet.
Applicant shall pay a park development fee, should a park development fee be adopted by
the City Council, for the area of North Bakersfield Recreation and Park District within the City
of Bakersfield.
MO:pjt
May 28, 1997
p:g0521-eb