HomeMy WebLinkAboutRES NO 164-99RESOLUTION NO. 1 6 4 ' 9 9
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT CASE NO. P99-0431)
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, SEPTEMBER 13 and THURSDAY, SEPTEMBER 16, 1999 on 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 (20) calendar days before said hearing by publication
in the Bakersfield ~, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element of Metropolitan
Bakersfield 2010 General Plan is as follows:
Martin-Mclntosh for Castle and Cooke California, Inc. has applied to amend the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting
of a change from Low Density Residential to Open Space-Parks on 12.43 acres
(Site 1) and to Low Density Residential on 6 acres (Site 2), from Low Density
Residential to Open Space-Parks on 110.21, and from Open Space-Parks to Low
Density Residential on 16.07 acres on property generally located between Ming
Avenue (extended), north of White Lane (extended) west of Buena Vista Road,
and east of south Allen Road (extended), within the Buena Vista/Kern River
Ranch Program EIR project area); and
WHEREAS, for the above-described amendment, 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 mitigations 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.147-99 on September 16, 1999, the Planning
Commission recommended approval and adoption of this General Plan Amendment subject to
mitigation measures 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
previsions of Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, NOVEMBER 3, 1999, 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. All required notices have been given.
been ~llowed.
The provisions of the Califomia Environmental Quality Act (CEQA) have
3. The proposed project will not have a significant effect on the environment.
4. Mitigation measures as shown on Exhibit "A" are included in the project to
ameliorate impacts.
5. The subject site is located within the boundaries of General Plan
Amendment P96-0589 (Buena Vista project) for which a Final Environmental Impact Report was
certified.
6. General Plan Amendment P96-0589 (Buena Vista project) Final
Environmental Impact Report contents includes but is not limited to mitigation measures,
findings and Statements of Overriding Consideration applicable to this amendment.
7. The relocation of the park sites (Sites 1 and 2) is consistent with the
Parks Master Plan for the Buena Vista project, as conditioned by the certification of the Program
EIR for the overall development project.
8. The proposed Open Space-Parks designation on the 110.21 acre portion
of the project proposed for development as a golf course will provide for greater consistency
with the policies and standards of the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, and will reinforce compliance with the overall area density maximum to assure
consistency with the Parks Master Plan applicable to the Buena Vista project.
9. Based on the Initial Study and comments received, staff has determined
that the proposed project could have a significant effect on the environment. A Negative
Declaration was advertised and posted on July 30, 1999, in accordance with CEQA.
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 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.
4. The City Council hereby approves and adopts General Plan Amendment
Case No. P99-0431, a 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 west of
north of Ming Avenue, west of Buena Vista Road, north of White Lane, and east of south Allen
road (extended), subject to mitigation measures shown on Exhibit "A".
5. That P99-0431, approved herein, be combined with other approved segments
described in separate resolutions, to form a single Land Use Element Amendment as the Third
Quarter cycle for 1999.
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
~_~t/ {~ ?, lq~i~ , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, DEMOND, I~, COUCH, ."';C;%'Lr'C, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER ~ O~..3 L-~. ~..
COUNClLMEMBER I'40 ~',.~... '
CITY CLERK and Ex Officio Cl~tk of the
Council of the City of Bakersfield
APPROVED NOV 03
BOB/PRICE
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
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S:\RGPA-0431 .CC
3
EXHIBIT "A"
General Plan Amendment/Zone Change P99-0431
Mitigation Measures/Conditions of Approval
(From Buena Vista-Kern River Ranch FEIR
GPA/ZC P96-0589 and P97-0074)
SUMMARY OF MITIGATION MEASURES
Public Health and Safety
Aeficultural Use of ProperW/Adiacent Properties
5.3-1
Pdor to issuance of any grading permit, the project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues which may be present
within the prOject sites. Should contaminant levels be in excess of acceptable Federal,
State and/or County levels, the project applicant shall identify and implement remedial
action, subject to approval by the City of Bakersfield and responsible regulatory
agencies to reduce contaminants to acceptable levels.
Oil Field~
5.3-3a
The foll0winq Mitiq~tign Measure applies to the Buena Vista Dro!ect site only: Pursuant
to the Division of Oil, Gas and Geothermal Resources, active wells and associated
equipment within the project area shall be enclosed by an eight-foot block wall, with
barbed wire on the inside at the seven-foot level. Appropriate gates shall be installed
and climbable landscaping around the perimeter of the facility shall be avoided. The
inside grade of the fadlity shall be constructed so that potential spillage will be confined
to the enclosure. Improvements are the responsibility of the project applicant/developer.
5.3-3b
Sufficient access to the existing and abandoned wells shall be maintained in order for
the Division of Gas, Oil and Geothermal Resources (Division) to investigate the
condition of the wellheads and check for leakage. If any reabandonments are required,
the Division shall furnish necessary specifications to the property owner.
5.3-3c
If any abandoned or unrecorded wells are uncovered, or damaged dudng excavation or
grading activities, remedial plugging operations pursuant to Division of Gas, Oil and
Geothermal Resources requirements would be required.
5.3-3d
Pdor 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 California Department of Toxic Substances Control.
Valley Fever
5.3-5
At the initial construction meeting prior to grading activities, all construction workers
must be informed as to the symptoms of Valley Fever.
Exhibit "A"
GPA/ZC P99-0431
Page 2
Traffic and Circulation
TdD Generation and Distribution
5.5-1
Prior to the issuance of building permits, the project applicant(s) shall comply with the
Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants
shall participate in the improvements required on a pro-rata fair-share basis as provided
in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-RATA
SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact
Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997.
To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch
project traffic volumes, the above referenced fees shall be used to provide the following
improvements:
Intersection Improvements
Rosedale Hiahwav and Renfro Road: add eastbound through lane and
westbound through lane (LOS C);
Rosedale Hiahwav and Fmitvale Prive: add southbound left turn lane and
southbound right turn lane (LOS C);
Bdmhall Road and Allen Road: add eastbound left turn lane, westbound left turn
lane, northbound through lane, and southbound through lane (LOS C);
Bdmhall Road and Callaway Drive: add southbound dght turn lane (LOS C);
Stockdale Hiohwav and Heath Road: provide exclusive turn lanes for southbound
approach (LOS B);
Stockdale Hiahwav and Renfro Road: add eastbound lane (LOS C);
Stockdale Hiahwav and Allen ROad: add northbound left turn lane, northbound
through lane, southbound left Turn lane, southbound through lane, eastbound
left turn lane, eastbound dght turn lane, and westbound left turn lane (LOS C);
Stockdale Hiahwav and Buena Vista Road: add westbound left tum lane and
eastbound right turn lane (LOS C);
Kern River Ranch Entrance #1 and Buena Vista Road: add eastbound left turn
lane, eastbound right turn lane, northbound left turn lane, and southbound dght
turn lane (with Kern River Ranch) (LOS B);
Deer Peak Drive and Buena Vista Road: add northbound through lane,
southbound through lane and southbound left turn lane (LOS B);
Mina Avenue and Allen R~)ad: add westbound left turn lane, northbound dght
turn lane, and two southbound left turn lanes (LOS B);
Mina Avenue and Buena Vista Roari: full expansion per City of Bakersfield's
Standard Detail T-4 (LOS C);
Mina Avenue and Ashe Road: add northbound left turn lane (LOS C);
Chamber Boulevard and Buena Vista Road: provide two left turn lanes/one
through lane/one right turn lane for eastbound approach, one left tum lane/one
through lane/one right turn lane for westbound approach, one left turn lane/two
through lanes/one right turn lane for northbound approach, and one left turn
lane/two through lanes/one right turn lane for southbound approach (with Buena
Vista) (LOS C);
White Lane and Buena Vista Road: add two eastbound left turn lanes,
eastbound right turn lane, northbound through lane, noC~hbound dght turn lane,
southbound left turn lane, southbound through lane, and southbound right tu~ '
lane (LOS C); and
Panama Lane and Gosford Ro=~' add northbound left and southbound left (~S
Exhibit "A"
GPA/ZC P99-0431
Page 3
Segment Improvements
Rosedale Hiqhway ¢Callowav Drive to Fruitvale Avenue): widen to six lanes (LOS
A);
Bdmhall Road (~Jewetta Road to Call0waY Road): widen to four lanes (LOS A);
Stockdale Hic~hwav (Buena Vista Road to Old River Road): widen to six lanes
(LOS A);
Stockdate Hic~hwav (Gosford Road to Ashe Road): widen to six lanes (LOS A);
Stockdale Hi{3hwav (Real Road to Wible Road): widen to six lanes (LOS A);
Mino Avenue (Allen Road to Buena Vista Road): widen to four lanes (LOS B);
Taft Hiohwav (Buena Vista Road to Old River Road): widen to four lanes (LOS
A);
Allen Road (Ha~3eman Road to Ros~dale HighwaY): widen to four lanes (LOS A);
A!!en Road (Rosedale Hiohwav to Stockdale Highway): widen to four lanes (LOS
c);
Allen Road (Stockdale Hiohwav to Min(3 Avenue): widen to four lanes (LOS C);
Buena Vista Road (Stockdale Hiohwav to Ming Avenue): widen to six lanes/add
median (LOS A);
Buena Vista Road (Minn Avenue to White Lane): widen to six lanes/add median
(LOS B);
Buena Vista Road (Whi~ Lane to Pacheco): widen to four lanes (LOS A); and
G9sford Road (Pachec0 Road to Panama Lane): widen to four lanes (LOS A).
Traffic Sional Warrant
5.5-2a
The applicant(s) shall participate in the improvements required on a pro-rata fair-share
basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION
PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental
Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated
June 1997.
To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are
projected to be required at the following intersections and the above referenced fees
shall be used to provide the following improvements:
Stockdale Highway and Heath Road;
Stockdale Highway and Renfro Road;
Kern River Ranch Entrance #1 and Buena Vista Road;
Deer Peak Ddve and Buena Vista Road;
Chamber Boulevard and Buena Vista Road;
Pacheco Road and Gosford Road; and
Ming Avenue and Allen Road.
5.5-2b The traffic signals required as a result of the proposed project shall include an
interconnect of the signals to function in a coordinated system with existing and planned
signals.
Exhibit "A"
GPA/ZC P99-0431
Page 4
Noise
Lona-Term Noise ImDa{;~
5.6-2a
To reduce significant traffic noise impacts to below 65 dBA CNEL at proposed
residential locations adjacent to collector and artedal roadways, the project applicant(s)
shall incorporate sound barriers, along cited roadways. 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 (i.e., berms, sound walls) between
six and eight feet may be required to reduce noise levels to acceptable levels.
5.6-2b
Pdor 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 houdy 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.
Air Quality
Short-Term Imoa~$
5.7-1a 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 dudng construction activities in order to comply with
SJVUAPCD Regulation VIII.
5.7-1b
Pdor 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 SJUAPCD stating the measures that shall be
completed dudng asphalt paving in order to comply with SJVUAPCD Rule 4641.
5.7-1c
5.7-1d
The construction grading plans shall include a statement that all construction equipment
shall be tuned and maintained in accordance with the manufacture's specifications.
The construction grading plans shall include a statement that work crews shall shut off
construction equipment when not in use.
Lgpa-Term Imoacts
5.7-2 The project applicant shall incorporate the following in building plans:
Solar or Iow-emission water heater shall be used.
Ce,,;~ a; water heating systems shall be used.
Double-parted glass shall be used in all windows.
Energy efficient Iow-sodium parking lot lights shall be used.
Ofle (1) bicycle rack shall be provided in each of the proposed commercial
areas.
Exhibit "A"
GPNZC P99-0431
Page 5
Cumulative Imoa61~;
5.7--4
Mitigation measures beyond those contained in applicable plans and policies would be
implemented on a project-by-project basis. No additional mitigation measures are
required.
Biological Resources
Sensitive Re~ogr6(~
5.8-1a Pdor to the issuance of a grading permits, the project proponents 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 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 pnor to site grading to search for
native kit fox dens (specifically tracking shall be conducted at the potential active
den located in the southeastern portion of the Kern River Ranc~ project site).
All pipes, culverts or similar structures with a diameter of four inct~es or greater
shall be kept capped to prevent entry of kit fox. If they are not capped or
otherwise covered, they shall be inspected daily pnor to burial or closure to
ensure no kit foxes, or other protected species, become entrapped.
Excavations shall either be constructed with escape ramps or be covered to
prevent entrapment. Or the site(s) could be protected during construction, such
as with a wildlife exclusion fence, which would eliminate the possibility of ranging
animals from being harmed during construction.
All food, garbage, and plastic shall be disposed of in closed containers and
regularly removed from the site to minimize attracting ranging kit fox or other
animals.
With the exception of Swainson's hawk (see following mitigation measure), impacts to special-
status species on the project site are covered under the terms and conditions of the MBHCP
and associated Implementing Agreement. The compensation and avoidance requirements of
the MBHCP and buffer zones proposed as part of this project are consistent and follow an
ecosystem management approach for endangered species, and provide adequate
compensation of the Swainson's hawk and all other potentially occumng special-status species.
5.8-1b Phor to issuance of grading permit(s), the prolect applicant(s) shall comply w~th the
following raptor nest mitigation requirements:
If grading is proposed to occur during the raptor nesting season (February
through September), a focused survey for raptor nests shall be conducted by a
qualified raptor biologist pnor to grading activities in order to identify active nests
in areas potentially impacted by project implementation.
If construction ~s proposed to take place dunng the raptor nesting/breeding '-
Exhibit "A"
GPA/ZC P99-043'1
Page 6
season (February through September), 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 through January).
Cultural Resources
Paleontology
5.9-1
If archeological or paleontological resources are discovered during excavation and
grading activities on-site, the contractor shall stop all work and the developer shall retain
a qualified archeologist to evaluate the significance of the finding and appropriate
course of action. Salvage operation requirements in Appendix K of the California
Environmental Quality ACt Guidelines shall be followed and the treatment of discovered
Native American remains shall comply with State codes regulations of the Native
Amedcan Hedtage Commission.
Archaeology
5.9-2b
The following measure applie~ to the Buena Vista project only: An archaeological
monitor shall be present at CA-KER-3962 dudng any subsurface construction activities.
If significant cultural resources are discovered dudng monitoring, more testing or data
recovery may be required.
5.9-2d
Should human remains be discovered at any time on any portion of the project, work
shall halt and the coroner be notified immediately (Section 7050.5 of the Health and
Safety Code). In the absence of an archaeological monitor, a qualified archaeologist
and the local Native American community, shall also be notified.
Public Services and Utilities
Sohools
5.10-3a
The folloWina mitiaation measure applies to the Buena Vista project only: Pdor
to the issuance of a building permit for any residence within the project area. the
applicant shall submit fees to the Kern County High School Distdct and Pan,ma-
Buena Vista Union School Distdct in the amount of $4.06 per square foot of
assessable space (as defined in Section 65995 of the Government Code) for
each such residence. This amount shall increase in even numbered years
according to the adjustment for inflation determined by the State Allocation
Board for Class B construction. Payment would not be required to a distdct which
has certified in writing that alternative mitigation measures have been
undertaken with respect to the project to adequately address school
overcrowding.
EXHIBIT "B"
GENERAL PLAN AMENDMENT
P99-0431
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