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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 ;pas 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 /I os-. \ 6 I I / "1 14 I HMR ..L LR TO O~-P LR