Loading...
HomeMy WebLinkAboutRES NO 76-94RESOLUTION NO. ? 6 ' 9 4 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT ili OF PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (KERN RIVER PLAN ELEMENT AMENDMENT 1-94). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, held a public hearing on MONDAY, MARCH 14, 1994, and THURSDAY, MARCH 17, 1994 on Segment III of a proposed amendment to the Kern River Plan Element of the General Plan, notice of the time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment III of the proposed amendment to the Kern River Plan Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT III: PORTER-ROBERTSON ENGINEERING BY FRED PORTER has applied to amend the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change to 3.1 (Public or Private Recreation Areas) on 24.07 acres and 5.4 (Residential - maximum 1 unit per net acre) on 535.39 acres. Located north of State Highway 178 east of Alfred Hartell Highway; 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 California Environmental Quality Act (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. 12-94 on March 17, 1994, the Planning Commission recommended approval and adoption of Segment IIl 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 O~IGIN~L 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 18, 1994, on the above described Segment III of the proposed amendment to the 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 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, staff has determined that the proposed project, as recommended, will not have a significant effect on the environment. A Negative Declaration was advertised and posted on February 8, 1994. 4. Conditions of approval attached to the project as Exhibit "A" are included in the project to mitigate impacts. 5. The amendment is consistent with the goals and policies of the Kern River Plan Element. 6. The amendment is consistent with the goals and policies of the Metropolitan Bakersfield 2010 General Plan. 7. Conditions of approval for the project as Exhibit "A" are included to mitigate impacts on school districts, air quality, cultural resources, biologic resources and traffic impacts. 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 Segment III 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. 2 4. The City Council hereby approves and adopts Segment III of the proposed amendment to the Kern River Plan 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 State Highway 178, east of Alfred Harrell Highway, subject to conditions of approval shown on Exhibit "A". 5. That Segment IlI, approved herein, be combined with other approved segments described in separate resolutions, to form a single amendment, GPA 1-94. 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City o,f. Bakersfield at a regular meeting thereof held JU# 0 I 1~ by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED '~[~1 0 1 1~, BOB PRICE~ ' MAYOR of the City of Bakersficld APPROVED as to form: JUDY SKOUSEN ACTING CITY ATFORNEY of the City of Bakersfield MO:pjt res\r194s3kr.cc April 4, 1994 EXHIBIT "A" General Plan Amendment 1-94, Segment III Kern River Plan Element Amendment 1-94 Breckenridge Hills Specific Plan Amendment 1-94 In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. It is required that the potential kit fox dens on the project site be identified by a kit fox clearance survey and be carefully excavated under the supervision of a qualified biologist prior to grading and construction operations, in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan and the State and Federal guidelines. It is required that all personnel working within the area be instructed in sensitive species avoidance techniques and reporting in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. It is required, prior to approval of land division or development proposal, that a buffer zone be established along that portion of the project that borders the Kern River and that no development be allowed within the buffer zone. Proposed project actions will result in the take of the San Joaquin kit fox and the blunt-nosed leopard lizard. In order to undertake project construction, the developer shall complete one of the following two actions: Obtain independent permits under Section 10(a) of the Federal Endangered Species Act and Section 2081 of the Fish and Game Code allowing such take prior to onset of ground- disturbing actions; or Undertake project actions within the specified conditions of the regional Section 10(a) and Section 2081 permits currently being sought for the Bakersfield Metropolitan area. Should the city obtain Section 10(a) and 2081 permits under 7.A above, the following protection measures shall be used during construction: During construction, stockpiling of equipment and vehicles shall utilize those portions of the project that will be subject to disturbance. Temporary or inadvertent disturbance will be minimized by: staking, "flagging", or otherwise clearly marking the boundaries of the site alignment; notifying employees of the specific areas, boundaries of the areas, and the need to avoid disturbance to remaining areas; and posting signs or erecting temporary fencing at access points to limit access to authorized vehicles and equipment only. Existing dirt roads already present throughout the site shall be used during construction and subsequent maintenance activities in order to minimize any disturbance to off-site habitats. Speed limits on these same access roads leading to and from the right-of-way will not exceed 20 miles per hour. Project-related work will be confined to designated routes. Trash and food itemswill be promptly contained and regularly removed from the construction site to reduce attractiveness to opportunistic predators such as ravens or coyotes and.fcr01 dogs. ~Dq ~*~:. Exhibit "A" GPA 1-94, Seg. III Page 2 Domestic dogs belonging to employees or those under contract to the City will either be restrained or prohibited from the project site during construction. These can be significant causes of wildlife mortality. E. Firearms shall be prohibited from the project site during construction. During excavation of trenches or holes, escape ramps consisting of loose earth deposited in the test hole or trench will be placed at 1,000 linear foot or less intervals to facilitate the escape of any wildlife species that may be inspected for entrapped wildlife in the morning prior to onset of construction and immediately prior to the end of each working day. A final inspection will also be made immediately before filling these holes or trenches. Any animals discovered will either be allowed to escape before activities resume or carefully removed from the pit or trench and allowed to escape. Within 14 days prior to onset of construction, those portions of the site that contain grassland habitats shall be resurveyed for San Joaquin kit fox dens and potential dens by a biologist approved by the California Department of Fish and Game and the U.S. Fish and Wildlife Service. Such sites shall be prominently "flagged" to reduce any likelihood for their inadvertent destruction during project activities. Confirmed kit fox dens should be protected if possible. Buffer distances around such denning sites should be established as follows: ~otential kit fox den: 50 feet nown kit fox den: 100 feet kit fox pupping den: 150 feet All kit fox dens initially located within the site during the project inventory, and any additional dens documented during the preactivity surveys, shall be monitored prior to onset of ground-breaking activities to determine current use by foxes. The current level of activity at each den shall be determined by monitoring each den for three nights. A tracking medium such as sifted flour shall be placed at the den entrances in an effort to document kit fox use by tracks. If this technique documents current kit fox use, the particular den shall be monitored for five nights. During this period, the use of the den by kit foxes shall be discouraged by progressively blocking den entrances with loose soil. After monitoring has documented that kit foxes are no longer using the den, it shall be excavated in a manner described below. Construction activities within these buffer zones shall be limited to vehicle operation and equipment operation on existing roads. If destruction of a kit fox den is considered to be unavoidable, the USFWS and CDFG shall be contacted for guidance prior to ground disturbing activities in or near the den. Each agency may concur or may recommend alternate methods to reduce impacts to the den. With concurrence from these agencies, the subject den shall be carefully excavated either by an authorized biologist or under the direct supervision of an authorized biologist to ensure that no animals are trapped or injured. Any kit foxes in residence shall be allowed to escape unimpeded. The unoccupied den shall then be completely destroyed to discourage any foxes from returning to the site. Den destruction shall be monitored by a qualified biologist. Potential dens shall be excavated using procedures developed by CDFG and USF~VS. Destruction of a potential San Joaquin kit fox den can occur without notification to the U.S. Fish and Wildlife Service if preactivity surveys document no current or prior use by kit foxes. In the event that a potential den is determined to be a San Joaquin kit fox den during excavation, the USFWS will be notified immediately of this change in status. Exhibit "A" GPA 1-94, Seg. III Page 3 All construction work within areas where preconstruction surveys have demonstrated the potential to affect one or more listed species shall be monitored by an authorized biologist. The biologist shall be responsible for assisting crews in compliance with protection measures, performing surveys in front of the crew as needed to locate and avoid sensitive species, and monitoring compliance. The authorized biologist shall have the authority to halt all project activity should danger to a kit fox arise or any other listed species. Work shall proceed only after hazards to the listed species are removed and the species is not longer at risk. The developer shall designate a field contact representative (FCR) who will be responsible for overseeing compliance with protective stipulations for listed species and for coordination on compliance. The FCR shall have authority to halt all activities that are in violation of the stipulations. The FCR shah have a copy of all appropriate stipulations when work is being conducted at the site. The FCR may be the project manager, any other employee, or a contract biologist. 10. Upon locating a dead or injured listed species on the project site, the developer shah notify the USFWS and CDFG. Written notification must be made within 15 days of the date and time of the finding or incident (if known), location of the carcass, a photograph, cause of death (if known). The remains shah be collected by the authorized biologist and frozen as soon as possible. Injured animals shall be transported to a qualified veterinarian for treatment at the expense of the developer. If an injured animal recovers, the USFWS shah be contacted for final disposition of the animal. 11. In the event that preconstruction surveys locate an active burrowing owl nest with eggs or unfledged young within 300 feet of the proposed construction, construction should be deferred until monitoring by the biologist has determined that young birds have fledged and left the nest. NOTE: If the City of Bakersfield has a final Metropolitan Bakersfield Habitat Conservation Plan in place prior to ground disturbance for this project, then all mitigation specified in that plan by the United States Fish and Wildlife Service and the California Department of Fish and Game will be required in-lieu of those measures listed above. 12. Prior to approval of land division or development proposal, an archaeological survey must be completed. Any mitigation resulting from such report shall be implemented prior to recordation of the land division map or development proposal approval. 13. The project planning area shall not be prematurely cleared of existing vegetation. Only parcels or portions of parcels within the project site identified for immediate development activity should be graded as authorized by the developer. 14. The creation of dust generated by individual construction activities shall be controlled by each developer entity altering a land site within the project site. Each developer shall control dust creation by watering the site or by using an approved soil binder to reduce fugitive dust. Water shall be sprayed on developing areas that are unpaved and without vegetation during the course of construction. Graded areas shall be periodicallywatered down to minimize the transport of dust from the site, especially during periods of high winds. The soil shall be kept moist to a depth of one inch with water applied by a method which is acceptable to the City of Bakersfield Public Works Department and the San Joaquin Valley Unified Air Pollution Control District. 15. Graded areas shall be revegetated by the developer of any construction site in the project area as soon as it is feasible after construction is completed. Exhibit "A" GPA 1-94, Seg. III Page 4 16. All approved graded areas not being utilized for development or landscaping purposes shall be reseeded with native grasses or some type of soil binding material to reduce fugitive dust, pursuant to City of Bakersfield standards. 17. All public dedicated roads constructed to serve the project shall be improved in accordance with City of Bakersfield standards. 18. During construction and at the end of each construction work day, stockpiled materials should be adequately watered down or covered at each construction site in the project area. Loaded trucks containing materials susceptible to wind entrainment of dust should be adequately watered down or covered when parked on-site and covered when transported. 19. All construction acfivifics within the project area shall be discontinued during first stage smog alerts. Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 pp, (l-hour average). 21. Project area developers shall encourage the installation of low emitting, EPA-certified fireplace inserts and/or wood stoves or natural gas fireplaces in the proposed residential units within the project area. Project area developers shall be encouraged to provide natural gas lines or electrical outlets in backyards of the proposed residential units to encourage the use of natural gas or electric barbecues. Project area developers shall be encouraged to install low nitrogen oxide (NO,.) emitting and/or high efficiency water heaters where appropriate. The planting of trees and shrubs shall be required within the project area to filter particulate from the air. Vegetation introduced within the project area shall consist of native species where feasible. Bus turnouts and shelters at appropriate locations shall be planned by major land developers in the project area and local transportation coordinating entities to encourage the efficient and practical use of public transit. The planning of future bus locations in the area shall involve the local transit entities servicing the area. 26. During construction of any areas with urban-oriented land use activities, the access points connecting the project site with the existing roadways shall be continually checked to insure that these areas are adequately watered down to minimize transport of dust from the site. 27. The mitigation measures identified for the proposed project shall be supportive of the control measures and implementing rules and regulations of the Air Quality Attainment Plan for the San Joaquin Valley Air Pollution Control District. 28. Any portion of a construction site which has not been actively utilized for construction purposes for a period of seven (7) calendar days or more, shall be stabilized using one or more of the approved soil stabilization methods identified in the adopted Regulation VIII Rules as approved by the SJVUAPCD. This requirement also pertains to storage piles of fill dirt and other bulk materials. 29. The site developers shall take applicable measures to limit visible dust emissions on both on-site and off-site roads and access roads during construction activities. The developers shall adhere to other road stabilization measures identified in Regulation VIII Rules from the SJVUAPCD which require the removal of accamulatcd mud and dirt in accordance with local procedures and District requirements throughout the entire duration of the construction activity. Exhibit "A" GPA 1-94, Seg. III Page 5 30. No person shall undertake any land clearing, scraping, excavation, land leveling, grading, cut and fill operations, or demolition activities, without utilizing appropriate dust control measures during the land preparation, demolition, excavation or extraction as identified in the Regulation VIII Rules. 31. As a condition of any subsequent legislative approval of any project within the project area, the City of Bakersfield and/or County of Kern, as appropriate, will require adequate mitigation of any significant effects which that project will have in the area of school facilities. Fire Department Condition: 32. Based upon available information fire flow may be as high as 4,000 gallons per minute for commercial development. Public Works Conditions: 33. Offers of dedication will be required to allow for the construction of the major streets within the project area in accordance with the circulation element of the 2010 General Plan and the Breckenridge Hills Specific Plan. Such offers shall include sufficient widths for expandedintersections and additional areas for landscaping as directed by the City Engineer. The offers of dedication shall be submitted to the City upon development or recordation of any subdivision map or certificate of compliance adjacent to these major streets. 34. With the first development within the GC area, the south side (eastbound) of State Route 184, a full landscaped median island to restrict left-turn movements across State Route 184 to specific locations approved by Caltrans shall be constructed. 35. The portion of the project west of Comanche Drive is within the Breckenridge Planned Drainage Area. Applicable PDA fees will be paid upon development and subdivision of parcels within this area. 36. For the portion of the project east of Comanche Drive, a master drainage study for the entire watershed area the project area lies within shall be submitted to and approved by the City Engineer prior to development or recordation of a subdivision map or certificate of compliance. The limits of the study shall be determined in consultation with and as directed by the City Engineer. The study shall include treatment measures to ensure discharge flows conform to the requirements of the Clean Water Act. Any required drainage basin site and necessary easements shag be deeded to the City prior to recording of any subdivision map or certificateof compliance or submittal of any development plan within the project area. 37. State Routes 178 and 184 are future bikeways on the "Bikeway Master Plan" of the 2010 General Plan. Upon development of adjacent areas, these State Routes shall be constructed as required by the 2010 General Plan for streets with bike lanes. 38. At the time of further development or subdivision, the property owner(s) within the GPA area of any areas not already within a maintenance district shall request to be annexed to an existing maintenance district or request creation of a new maintenance district for their property. 39. If at the time of development a traffic signal or signals (other than the signal at the intersection of State Route 178 and State Route 184) are proposed to serve the GC area, then a maintenance district shall be formed over the GC area to pay for the annual operation and maintenance costs :o~.~ fh~ffic signal(s) prior to approval of the traffic signal construction plans. > Exhibit "A" GPA 1-94, Seg. IIl Page 6 NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Impact Fee's contribution towards the item. Upon further subdivision or development (at the time of issuance of a building permit), the developer shall pay to the City fees for the proportionate share of future traffic signals in the project area. The signals and the developer's proportionate share are as follows: *St Rt 178 at Morning Dr St Rt 178 at Vinciand Rd *St Rt 178 at St Rt 184 *St Rt 178 at Edison Rd *St Rt 178 at AIf Hat Hwy St Rt 184 at Shalanc Ave St Rt 184 at College Ave Shalanc Ave at College Ave $19,950.00 $ 68,400.00 $ 25,950.00 $ 24,750.00 $17,400.00 $ 55,200.00 $ 55,950.00 $ 36,400.00 $ 304,000.0O 13.3% of $150,000.00) 45.6% of $150,000.00) 17.3% of $150,000.00) 16.5% of $150,000.00) 11.6% of $150,000.00) 36.8% of $150,000.00) 37.3% of $150,000.00) 28.0% of $130,000.00) 41. Upon further subdivision or development (at the time of issuance of a building permit), the developer shall pay to the City fees for the proportionate share of the cost of the Fairfax Road/State Route 178 interchange. *State Route 178 and Fairfax Rd interchange $306,000.00 (5.1% x $6,000,000.00) Upon further subdivision or development (at the time of issuance of a building permit), the developer shall pay to the City fees for the proportionate share of additional lanes (one castbound and one westbound) as needed on State Route 178 from Fairfax Road to the west project boundary. The cost of this improvement shall be determined either by an estimate submitted by the applicant and approved by the City Engineer, or, if included, in the Regional Transportation Impact Fee Program modification or PSR mcntloncd in item 11. below: State Route 178 from Fairfax Road to west project boundary = 17.5% proportionate project share Prior to further development or subdivision, a Project Study Report (PSR) will be required to determine the extent and cost of improvements required along State Routes 178 and 184 both within and outside the project boundaries. This PSR shall be approved by the City Engineer and Caltrans. In the event that the Regional Transportation Impact Fee Program is modified to include State ttighway 178 and 184 facilities at full mitigation, preparation of a PSR will not be required and any mitigation measures for Zone Change 5546 that are fully mitigated by this impact fee may be subtracted from the mitigation for Zone Change 5546. 4, The traffic study and resulting impacts identified in items 40., 41. and 42. above are based on 2057 single family units, 187,000 square feet of commercial uses, 41.07 acres of open space, and a 1000 student elementary school as projected in the traffic study, while the land use proposed could allow different residential densities and commercial square footage and uses than projected. The fee for items 40. and 41. only totals $192.60 per residential dwelling unit and $1.14 per square foot of commercial use. Upon completion of the PSR and the update per item 45. below, or of the modification to the Regional Transportation Impact Fee outlined in item 43. above, a local traffic mitigation fee for the Zone Change 5452 area will be calculated and shall be charged at the time of Exhibit "A" GPA 1-94, Seg. Ill Page 7 building permit. Should an increase of more than 5% in dwelling unit density or commercial square footage be proposed for any specific project within the Zone Change area, then a review and possible revision to the traffic study shall be required at tentative map submittal or site plan review. Otherwise, the unit cost per residential dwelling unit calculated shall be maintained even if the commercial square footage or residential density that is finally created is less than, or no more than 5% greater than that proposed so that proportionate local traffic mitigation will be achieved. Upon further subdivision or development, the subdivider/developer shall provide an updated traffic study or studies (at tentative map submittal or site plan review) incorporating the comments and requirements outlined in the Caltrans letter dated March 14, 1994. p:194s3.ea ORIGIN,~,L EXHIBIT B KERN RIVER PLAN ELEMENT AMENDMENT 1-94 -- ~-L~ fo os 14 13 T2g$, R29E