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HomeMy WebLinkAboutRES NO 160-99RESOLUTION NO. ~, 6 0 '" 9 9 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT NO. P99-0203 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT QF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. 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, JUNE 14, 1999 and THURSDAY, JUNE 17, 1999, on General Plan Amendment No. P99-0203 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 (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment No. P99-0203 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P99-0203: SmithTechlUSA, Inc. has applied to amend the Land Use designation from LR (Low Density Residential) to GC (General Commercial) on 13.65 acres located at the southwest corner of Stockdale Highway and Buena Vista Road; and WHEREAS, for the above-described project, 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 the city staff and the Planning Commission; and WHEREAS, by Resolution No. 102-99 on June 17, 1999, the Planning Commission recommended approval and adoption of General Plan Amendment P99-0203 subject to conditions listed in Exhibit "A" and this Council has fully considered the finding 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, August 11, 1999, on the above described General Plan Amendment P99-0203 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 notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have 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 was advertised and posted on May 21, 1999, in accordance with CEQA. 4. The public necessity, general welfare and good zoning practice justify the amendment to the Land Use Element of the 2010 General Plan. 5. The proposed amendment to the Land Use Element is consistent with the Metropolitan Bakersfield 2010 General Plan. 6. The proposed amendment to the Land Use Element is compatible with existing development adjacent to the site. 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. The Negative Declaration with mitigation measures for General Plan Amendment P99- 0203 is hereby approved and adopted. 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. The City Council hereby approves and adopts General Plan Amendment P99-0203 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 at the southwest corner of Stockdale Highway and Buena Vista Road subject to conditions and mitigation measures shown on Exhibit "A". That General Plan Amendment P99-0203, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. ......... o0o ........ 2 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 NOV 0 3 1~1¢1~ . by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND,-M~, COUCH, ,'~C'~%'Lr'S, SULLIVAN, SALVAGGIO COUNCILMEMBER h~ (~ ~1 ,~ COUNClLMEMBER_ ~o~¢_ COUNCILMEMBER__~2-O~-'~ L~) ~ I~ (~'~ CITY CLERK and Ex Officio/.,~lerk of the Council of the City of Bakersfield APPROVED NOV 0 3 t9~ BOB ~)~'~lC E MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney CARL HEI~NANDEZ Assistant City Attorney MO:pah June 25, 1999 S:\Gpa-June\P99-0203\resgpa cc wpd EXHIBIT "A" General Plan Amendment/Zone Change P99-0203 CONDITIONS AND MITIGATION MEASURES Public Health and Safety Agricultural Use of Prooertv/Adiacent Properties Prior 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 site. 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. Valley Fever At the initial construction meeting prior to grading activities, all construction workers must be informed as to the symptoms of Valley Fever. Floodino/Kern River Prior to recording of any Final Map with parcels less than 20 acres for land located within Zone A, a levee shall be constructed. The location and dimensions of the levee proposed in the northern portion of the Kern River Ranch project site shall be reviewed and approved by the City of Bakersfield Public Works Department. The levee shall be located outside the limits of the primary and secondary floodways. Prior to recordation of a final map with less than 20 acres for land located within Zone A, as defined on the Federal Emergency Management Agency (FEMA) "Flood Rate Insurance Map," the developer shall comply with the requirements of FEMA or revise the FEMA map. The Kern River Ranch project applicant shall furnish to the City of Bakersfield all documentation required by FEMA. Traffic and Circulation Trio Generation and Distribution 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 determined by a final traffic study of the future P.C.D. (Planned Commercial Development). Pending final determination 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: Exhibit "A" Conditions and Mitigation Measures Page 2 Intersection Improvements Rosedale Highway and Renfro Road: add eastbound through lane and westbound through lane (LOS C); Rosedale Highway and Fruitvale Drive: add southbound left turn lane and southbound right turn lane (LOS C); Brirnhall Road and Allen Road: add eastbound left turn lane, westbound left turn lane, northbound through lane, and southbound through lane (LOS C); Brirnhall Road and Callowav Drive: add southbound right turn lane (LOS C); Stockdale Highway and Heath Road: provide exclusive turn lanes for southbound approach (LOS B); Stockdale Highway and Renfro Road: add eastbound lane (LOS C); Stockdale Hiehwav and Allen Road: add northbound left turn lane, northbound through lane, southbound left Turn lane, southbound through lane, eastbound left turn lane, eastbound right turn lane, and westbound left turn lane (LOS C); Stockdale Hiehwav and Buena Vista Road: add westbound left turn 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 right 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); Ming Avenue and Allen Road: add westbound left turn lane, northbound right turn lane, and two southbound left turn lanes (LOS B); Mine Avenue and Buena Vista Road: full expansion per City of Bakersfield's Standard Detail T-4 (leS C); Ming 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 turn 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, northbound right turn lane, southbound left turn lane, southbound through lane, and southbound right turn lane (LOS C); and Panama Lane and Gosford Road: add northbound left and southbound left (LOS A). Segment Improvements Rosedale Hiohwav fCallowav Drive to Fruitvale Avenue): widen to six lanes (LOS A); Brimhall Road fJewetta Road to Callowav Road~: widen to four lanes (LOS A); Stockdale Highway fBuena Vista Road to Old River Road~: widen to six lanes (LOS A); Stockdale Highway fGosford Road to Ashe Road~: widen to six lanes (LOS A); St¢6kdale Hiehwav fReal Road to Wible Road~: widen to six lanes (LOS A); Mina Avenue fAllen Road to Buena Vista Road): widen to four lanes (LOS B); Taft Hiehwav fBuena Vista Road to Old River Road~: widen to four lanes (LQ~ "~ Exhibit "A" Conditions and Mitigation Measures Paste 3 A); Allen Road fHageman Road to Rosedale Hiehwav~: widen to four lanes (LOS A); Allen Road fRosedale Hiehwav to Stockdale Hiehwav~: widen to four lanes (LOS C); Allen Road (Stockdale Highway to Mine Avenue~: widen to four lanes (LOS C); Buena Vista Road fStockdale Highway to Ming Avenue~: widen to six lanes/add median (LOS A); Buena Vista Road fMing Avenue to White Lane): widen to six lanes/add median (LOS B); Buena Vista Road fWhite Lane to Pacheco): widen to four lanes (LOS A); and G0sf0rd Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A). Traffic Sional Warrant 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 Drive and Buena Vista Road; Chamber Boulevard and Buena Vista Road; Pacheco Road and Gosford Road; and Ming Avenue and Allen Road. 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. Noise Long-Term Noise Imoacts Prior 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 hourly 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 Exhibit "A" Conditions and Mitigation Measures Page 4 Short-Term Impacts Prior to the approval of a grading plan for any 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 during construction activities in order to comply with SJVU^PCD Regulation VIII. 10. Prior to the approval of a grading plan for any commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJU^PCD stating the measures that shall be completed during asphalt paving in order to comply with SJVU^PCD Rule 4641. 11. The construction grading plans shall include a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. 12. The construction grading plans shall include a statement that work crews shall shut off construction equipment when not in use. Long-Term Impacts 13. The project applicant shall incorporate the following in building plans: Solar or Iow-emission water heater shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient Iow-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in each of the proposed commercial areas. Biological Resources Sensitive Resources 14. Prior to the issuance of a grading permits, the project proponents shall comply with all appropriate terms and conditions of the Metropolitan Bakersfield Habitat Conservation Plan (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 prior 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 Ranch project site). All pipes, culverts or similar structures with a diameter of four inches 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 prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. Exhibit "A" Conditions and Mitigation Measures Page 5 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 occurring special-status species. 15. Prior to issuance of grading permit(s), the project applicant(s) shall comply with 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 prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. If construction is proposed to take place during the raptor nesting/breeding 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 during the non-breeding season (October through January). 16. Construction directly adjacent to sensitive riparian habitat potentially occupied by threatened, endangered and other protected species may result in take of listed species ranging through the construction site. During construction and development on the Kern River Ranch project site, the following mitigation measure is recommended to help prevent indirect or direct take of species within the primary floodplain directly adjacent to the project area, for which the MBHCP does not cover take or provide compensation or mitigation: River Access Management: The area alongside the Kern River riparian corridor should be fenced-off, and signs put up, during construction to protect it and prevent damage to vegetation, burrows and nests from heavy equipment, construction vehicles, and to control public access. The off-site adjacent sycamore specimen tree is located within this area just north of the carrot field and special attention should be made to prevent damage to this tree. Trees and shrubs should be planted along the Kern River inter[ace to help mitigate for noise, provide protective cover, and minimize adverse impacts of night lighting on a wildlife species which inhabit the adjacent floodplain and river riparian habitat. Exhibit "A" Conditions and Mitigation Measures Pa~e 6 17. The presence of any previously unidentified protected species which are not addressed in the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be avoided and evaluated by a qualified biologist prior to construction. The Fish & Wildlife Service (USFWS) and California Department of Fish & Game (CDFG) should be notified of previously unreported protected species. Any unanticipated take of protected wildlife shall be reported immediately to the CDFG and USFWS. Cultural Resources Paleontoloov 18. 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 American Heritage Commission. Archaeoloov 19. An archaeological monitor shall be present at CA-KER-3964 during any subsurface construction activities. If significant cultural resources are discovered during monitoring, more testing or data recovery may be required. 20. 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 Schools 21. The following shall apply to the Kern River Ranch portion of the project located within the Rosedale Union School District. In accordance with the Kern County Plan, the Kern High School district has identified that the mitigation required of projects such as this is an inflation- indexed $1.42. Payment shall not be required to the Kern High School District if it has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. With respect to the Rosedale Union School District, residential property would Exhibit "A' Conditions and Mitigation Measures Page 7 22. Water 23. 24. 25. require either annexation of the property into the CFD 92-1; or, prior to issuance of a building permit within this portion of the project area, the Rosedale Union School District must be paid the following amounts as applicable: (a) $6637.47 per single-family residence; or (b) $2,504.75 per multi-family residence; or (c) $0.5954 per square foot of commercial/industrial "gross floor area"; or (d) such higher or lower amount that is then equal to such higher amount that may have been lawfully established by CFD 92-1 as the amount required to prepay its Single Payment and Annual Special Taxes. The followina mitigation measure aoDlies to the Kern River Ranch Droiect site in lieu of Mitigation Measure #21 above in the event that the Kern County Board of Supervisors orders the transfer of territory within the oroiect site to the Panama-Buena Vista Union School District oursuant to Education Code Section 35765: "Prior to issuance of a building permit for any residence within the project area, the Kern High School District and Panama-Buena Vista Union School District must be paid the amount of $4.06 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each such residence for the purpose of providing school facilities. This amount shall 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 shall be effective as of the date of that meeting. Payment shall not be required to a district which has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding." The City's normal fire protection service flows are 2,500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2,500 g.p.m, limit. Fire flow requirement in excess of 2,500 g.p.m, shall require developer fees of $.0.50/gp.m./acre in excess of 2,500 g.p.m or equivalent facilities. Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. City fees for inspection of installation of water facilities are currently calculated at four (4) percent of the estimated construction costs of the in-tract water facilities. In addition, a $10 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the City by the landowner/developer within thirty (30) days of invoice. Exhibit "A" Conditions and Mitigation Measures Parle 8 26. 27. Parks 28. 29~ Prior to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120(B.) And set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date, the fees are set at $2,000 per gross acre. This tract contains approximately 13.65 acres, therefore, fees due are $27,300. However, the fees may be paid upon further subdivision or phasing of the tract. All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. Applicant shall record, prior to issuance of any building permit, CC & R's (Conditions, Covenants and Restrictions) which state that the site will be annexed to the park maintenance district for the 30-acre park site located along the north side of Stockdale Highway near Buena Vista Road and make payment of 25% of the annual maintenance costs for the 30-acre park, which will run with the project site. Applicant shall further annex the site to the park maintenance district for the 30-acre park prior to issuance of any building permit for the site. Applicant shall pay to the city of Bakersfield, prior to the issuance of any building permit on the project site, $100,000 for development of the 30-acre park located along the north side of Stockdale Highway and Buena Vista Road. pjt 4/19 S:\Gpa-dec\99-0203 to Council w-cycle\ea-mm.wpd EXHIBIT B GENERAL PLAN AMENDMENT P99-0203 GC HMR L__L__ I OS-P ] LMR / / /