HomeMy WebLinkAboutRES NO 36-95RESO VTION NoB 6 - 9 5
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
IV OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 4-94).
WHEREAS, the Planning Commission of the City of Bakersfield, in
accordance with the provisions of Section 65353 of the Government Code, held a public
hearing on MONDAY, DECEMBER 12 and THURSDAY, DECEMBER 15, 1994 and
TUESDAY, JANUARY 17 and THURSDAY, JANUARY 19, 1995, on Segment IV of a
proposed amendment to the Land Use Element of the General Plan, notice of the time
and place of hearing having been given at least twenty-one (21) calendar days for the
December hearings, and ten (10) calendar days for the January hearings by publication
in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such Segment IV of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT IV:
MARTIN-MCINTOSH representing Castle and Cooke has
applied to amend the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting of a change from
Estate Residential and Open Space to Low Density
Residential on 166 acres;
and
WHEREAS, for the above-described Segment, an Initial Study was
conducted, and it was determined that the proposed project would not have a significant
effect on the environment, and a Negative Declaration with mitigation was prepared;
and
WHEREAS, the law and regulations relating to the preparation and
adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's
CEQA Implementation Procedures have been duly followed by city staff and the
Planning Commission: and
WHEREAS, by Resolution No. 4-95 on January 19, 1995, the Planning
Commission recommended approval and adoption of Segment IV subject to conditions
listed in Exhibit "A" and this Council has fully considered the findings made by the
Planning Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section 65355 of the Government Code, conducted and held a public
hearing on WEDNESDAY, FEBRUARY 22, 1995, on the above described Segment IV of
the 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. All required public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA)
have been followed.
3. Based on the Initial Study and comments received, staff has
determined that the proposed project could not have a significant effect on the
environment. A Negative Declaration with mitigation measures was advertised
November 7. 1994, and posted on November 4, 1994, in accordance with CEQA. The
environmental document must be changed as reflected on Exhibit "C."
4. The proposed LR (Low Density Residential-less than or equal to
7.26 dwelling units per net acre) land use designation is consistent with the general plan
policies and goals.
5. The public necessity and general welfare justify the change of
designation to LR.
6. The recommended LR land use designation would allow for a
variety of residential types and densities, which is consistent with the Housing Element
of the 2010 General Plan.
7. That the loss of Open Space now in agriculture is off-set by 70 +
acres of golf course thereby "conserving~' open space.
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 with modifications found in Exhibit
attached for Segment IV is hereby approved and adopted.
2
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 Segment 1V of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
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 north of
Cross Valley Canal to the Kern River Freeway Alignment between Calloway Drive
Extension to the Rio Bravo Canal/Goose Lake Slough~ subject to conditions of approval
shown on Exhibit "A."
5. That Segment IV, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 4-94.
......... o00 ........
3
1 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
FI[B 2 2 l~q$ , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, S~ITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
AssistanNilTY CLERK and Ex Officio ~o/~rk of the
Council of the City of Bakersfield
APPROVED FEB 1~ :~ ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY AT]?ORNEY
BY.
LAURA . I
Assistant City Attorney
MO:pjt
February 23, 1995
rc s\r494s4.cc
EXHIBIT "A"
General Plan Amendment 4-94, Segment IV
Conditions of Approval
For noise mitigation a 6-foot high block wall is required between the project and Calloway Drive.
A berm may be substituted for the block wall consistent with the January 5, 1995, letter from
Brown-Buntin and Associates.
2. Air Quality Mitigation
To minimize fugitive dust during grading and construction activities, the following methods shall be
applied:
All active portions of construction sites, earthen access roads, and material excavated or graded
shall be sufficiently watered to prevent excessive amounts of dust.
All clearing, grading, earth moving, or excavation activities shall cease during periods of winds
greater than 25 miles per hour average over one hour if such activities result in excessive amounts
of dust.
All material transported off site shall be either sufficiently watered or securely covered to prevent
excessive amounts of dust.
D.
The area disturbed by clearing, earth moving, or excavation activities shall be minimized at all
times. This can be accomplished by mowing instead of discing for weed control.
Construction site vehicle speeds shall be limited to 15 miles per hour on unpaved roads or paved
roads where dust is not controlled through a watering program.
F. Construct bicycle lanes in project area that link to the Bikeways Master Plan system.
G. Bicycle racks or lockers (to accommodate at least l(I bicycles) shall be required at the "clubhouse."
Items A-G: Mechanism prepared by the applicant for enforcement to be approved by Planning
Department prior to issuance of first building permit for project site.
3. Farmland Conversion Mitigation
The following disclosure shall be given by the applicant to subsequent property owners as part of property
transfers:
"If your property is adjacent to land used for agricultural operations, you may be subject
to inconvenience or discomforts arising from such operations on any 24-hour basis. Said
discomforts may include, but shall not be limited to: equipment noise, odors from manure
and other chemicals, and dust or smoke. It has been determined that in Kern County the
use of real property for agriculture operations is a high priority and a favored use to the
county and will not be considered a nuisance for those inconveniences or discomforts
arising from agricultural operations as such."
A mechanism shall be prepared by the applicant to implement the above and shall be approved by the
Planning Department prior to issuance of the first building permit within the project area.
Exhibit "A"
GPA 4-94, Segment IV
Page 2
Public Works Department:
The Public Works Department has reviewed the above-referenced General Plan Amendment and has the
following conditions to be added to the staff report for the project:
The area of the Kern River Freeway right-of-way as shown on the approved specific plan line map
(whether the current City/County alignment, or a future Caltrans alignment) shall be reserved
between Calloway Drive and Allen Road with the first development or final map within the
project area. In accordance with Section 17.55.030 of the Municipal Code, no permanent
structures may be constructed within the freeway right-of-way area. Further, the Municipal Code
requires that the City, at the time of approval of a final map or parcel map, enter into an
agreement to acquire said reserved freeway right-of-way within two years after the completion and
acceptance of all improvements required as a condition of such map. floweret, if the applicant
proposes to continue operation of the driving range (as shown on the site plan) or otherwise
utilize the freeway right-of-way area for some other temporary use after acceptance of the
required improvements referenced above, then said agreement shall additionally stipulate that the
City shall not be required to purchase the freeway right-of-way until two years from the date that
the driving range is no longer in operation or such other temporary use has ceased.
Municipal sewer service to each development, lot, or parcel shall be provided upon further
subdivision or development of the property. Prior to submitting any tentative subdivision maps or
development plans, a proposal for providing that municipal service to the General Plan
Amendment area shall be submitted to and approved by the City Engineer.
A drainage study for a drainage system, for the area bounded by Calloway Drive, the Cross Valley
('anal, the Rio Bravo Canal (Goose Lake Slough), and the Kern River Freeway alignment, shall
be submitted to and approved by the City Engineer prior to submittal of any improvements plans
or development plans. The drainage study should include, but not necessarily be limited to,
drainage calculations, pipe sizes and locations, the drainage basin site(s) and size, and construction
phasing. 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, which may be
off-site from a proposed subdivision, shall be submitted to the City prior to recordation of any
subdivision map or approval of any development plan within the GPA area.
Calloway Drive shall have a 96' curb to curb standard as required for arterial streets with bike
lanes in the circulation element of the 2010 General Plan.
Final development plans and/or subdivisions shall incorporate to the greatest extent possible the
latest freeway plan lines or any alternative subject to the approval of the City Engineer.
Plannine Department:
10.
School district fees will be assessed at the time of issuance of a building permit or in accordance
with agreements between the developer and the specific school district.
Exhibit "A"
GPA 4-94, Segment IV
Page 3
Department of Conservation's Division of Oil, Gas, and Geothermal Resources Conditions:
11.
The applicant shall obtain a letter from the Division of Oil, Gas and Geothermal
Resources Division (Bakersfield Office) that the abandoned exploratory well that is on the
site has been tested and any remedial action required by the Division has been completed.
This letter must be provided to the Building Inspection Department prior to the issuance
of any building permit for the project site.
12.
Offer to dedicate 20-foot wide equestrian easement from Allen Road (at Rio Bravo Spreading
Ground) southerly to the Cross Valley Canal subject to the approval of the Planning Director
prior to the issuance of a building permit for this project. Further, that Castle and Cooke will
dedicate one acre and improve it as a "staging" area for equestrian uses (not to exceed $30,000)
subject to the approval of the Planning Director prior to the issuance of any building permit for
Phase IlL
13.
In accordance with Public Resources Code Section 21081.6, the City Council adopts the following
mitigation monitoring program with respect to the conditions of the project. As part of the
building permit process, the Development Services Department shall review building plans and
inspect completed structures to enforce compliance with the standards and criteria approved
hereunder. ']?he Public Works Department shall enforce the applicant's compliance with
conditions related to required dedications in accordance with the project conditions. The
Development Services Department shall also monitor the applicant's activities and ongoing
operations on an ongoing basis. The Development Services Department shall conduct periodic
inspections at least twice annually, and shall investigate any written complaints alleging non-
compliance with project conditions. In the event the applicant fails to comply with conditions, the
Development Services I)cpartment shall enforce such conditions through the mechanisms provided
by the Municipal Code.
February 23,1995
p:494s4.cal
EXHIBIT B
GPA 4-94, SEGMENT IV
SR
SHEt LABARGER ROAD
os-P I
P~OPOS~O __ _ j LR
~f~~-'"'-~ PROPOSED KERN RIVER FREEWAY
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EXHIBIT "C"
General Plan Amendment 4-94, Segment IV
Zone Change No. 5603
REVISIONS TO THE INITIAL STUDY AND ENVIRONMENTAL ASSESSMENT
The Initial Study stated that the project proposal would "only aeccs~ for the internal
circulation aystcm ie drmvn from Callonvay Drive." This has been modified and the
applicant has recieved approval by the canal board to construct a bridtte over the Goose
Lake Slough alone the west boundary of the site, as well as two additional temporary l~re
access #oints alont~ Calloway Drive.
I. ENVIRONMENTAL IMPACTS
The following Section in Transportation (Kern River Freeway) should be amended with
the underlined added and the strikeout deleted.
This property contains 6,530 linear feet of the adopted Specific Plan Line for the
Kern River Freeway. It is a goal of the 2010 Circulation Element to provide a
system of freeways to maintain adequate travel times around the metropolitan
area. Since this general plan amendment includes an adopted specific plan line,
the only consistent action is to require reservation dedication of all that freeway
alignment within the boundaries of the project site.
The following Section in the Equestrian Usage should be amended with the underlined
added and the str'[!:ee',:'~- deleted.
The City of Bakersfield Planning Commission trails committee met with Castle
and Cooke representatives regarding equestrian access along the Goose Lake
Slough from Allen Road to the Kern River. Castle and Cooke representatives
agreed that when Sections 31 and 36 were the subject of development then a trail
would be provided. No trail system is provided by this request. However, Castle
and Cooke representatives represent that an ettuestrian trail will be develotJed by others
from Allen Raod alon~ the Goose Lake Slough to the bridge over the Goose Lake
Slough that will link to the Kern River.
Exhibit "C"
GPA 4-94, Seg. IV
Page 2
The following Section in General Plan/Zoning should be amended with the underlined
added and the .......... deleted.
The present land use designation on the site is LR (Low Density
Residential), ER (Estate Residential - 1 net acre/dwelling unit) and OS
(Open Space), with existing zoning of A-20A (Agriculture-20 acre
minimum). This proposal will amend the land use to LR (Low Density
Residential) and zoning to PUD (Planned Unit Development). This
proposal will alter the present land use of the area by creating single family
density. The proposal is ne.t consistent with the Metropolitan Bakersfield
2010 General Plan policies and implementation measures with regards to
environmental issues and will not significantly conflict with established state
law and local general plan goals. NOTE: The local open space plan is the
open space element of the general plan for the city. Open space is
regarded as "so important" the State of California mandates each
jurisdiction to have an open space element. The adopted 2010 open space
element "conserves and enhances" the unique open space within the
planning area. The Ot~en Space Element is a Policy document formed by the
City Council. This project proposes to eliminate 43 acres of open space
and mitigate this loss by offering some 70 acres of Open Space-Parks (the
golf course). Open space is defined in State law ($ec. 65560) as
"unilnproved," therefore virtually any dcvclopmcnt (i.e. a golf course) does
not appear to meet the criteria. Mitigation hao been added to addres~ this
problem, see Exhibit "A".
mo
P:ENV-494S.EA