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HomeMy WebLinkAboutORD NO 3922ORDINANCE NO.. AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102- 32 BY CHANGING THE ZONING OF 3.40 ACRES GENERALLY LOCATED BETWEEN THE KERN RIVER CANAL, ARVIN- EDISON CANAL AND STOCKDALE HIGHWAY FROM TO "A" (AGRICULTURE) TO "C-O" (PROFESSIONAL AND ADMINISTRATIVE OFFICE). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located between the Kern River Canal, the Arvin-Edison Canal and Stockdale Highway; and WHEREAS, by Resolution No.48-96 on March 18, 1999, the Planning Commission recommended disapproval of Zone Change P98-09876 amending Title 17 of the Municipal Code changing the zoning district from "A" to "CO" as delineated on attached Zoning Map No. 102-32 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which did not warranted a negative declaration of environmental impact and changes in zoning of the subject property from "A" to "CO" and the Council has considered said findings and all appear to be true and correct; 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, Planning Commission and this Council; and WHEREAS, a Negative Declaration without mitigation was advertised and posted on January 29, 1999, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban type development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The Planning Commission recommended disapproval of the proposed Negative Declaration. The Board of Supervisors of Kern County has recommended disapproval of the general plan and zoning amendment. There will be no environmental impacts resulting from the proposed change. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the~ff purpose of documenting significant effects, it is the conclusion of the Le~ Agency that this project will result in impacts that fall below the threshold of significance with regard to Wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map. No. 102-32 marked Exhibit "a" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "b". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit 'C", subject to approval of GPA P98-0976. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... o0o ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~,[JG ~ 5 }99~) , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNClLMEMBER I'~ON ~ COUNClLMEMBER :¢40 1,4 [ COUNCILMEMBER ~,4 e f~l ~_ ITY CLERK and EA Officio Clerk of the Council of the City of Bakersfield 2 APPROVEDJI, UG 2 5 ~ APPROVED as to form: OFFICE Of THE CITY ATTORNEY BY: ,~--/ .?~--~ CARL HERNANDEZ Assistant City Attorney dole:p98-0976 ordinance August 2. 1999 EXHIBIT "A" Maps ZONE CHANGE P98-0976 PROPOSED KERN RIVER FREEWAY FP-S / ! '"---- STO( HWY. J / / / / //FP-S C-2 J2 T29S,P,27£ T30S, R-2 0 SCALE JN FEET 19907 CALIFORNIA STAE UNIVERSITY ~,4KERSFIELD R-2 600 EXHIBIT "A' PCD Itl CiTY OF BAKERSFIELD ZONING MAP 102- 32 SEC ~2 EXHIBIT "B" Legal Description EXHIBIT "B" LEGAL DESCRIPTION GPA P98-0976 ~C pogclon o£ SecClon 32. Tovnlhip 29 SOUth, RAnge 27 WCo M.DoM., tn the ClOy o~ aaJcerBZ~eld, COunty o~ Kern. SCBCe o~ ~llZ~a, a~ CO C~ O~c~a~ Nap cher~, des~Lbed as tollon= 8eginning ac the point of lnceFlecCion of the NOFCh l~e of ~o~ fa~d Lnc~e c~, c~a c~a~ ~e oZ S2'38'36'. ~ 5032. PI~ GS6 og 0tZLc~a~ R~ CW a~ c~8 (2) S~C~ ~ll0~'~St ~llC, ~50.~ ~eecr ~ (3) ~ 65003'42- W~c. 250.08 feecJ C~e (4) S~ch 77'07'340 Welt. ~50.57 ZeeCl 85055'2S' HelC. 1SO.al geec~ ch~e (G) S~ 09o19'21° Welt. ~ (7) S~C~ 82e24'40. 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M~ne~. ~es. e~i~c, pipeline, cel~W l~noi, ele~r~c ~ l~s. ~. ~er h~es ~ ocAer s~CC~eS ~ ~ efl~c o~ the r2ghcs ~cepc~ he~f~r cae ~u~ r~ghC co chat. ~!1 (~c ~oc Fefine), scoFe u~ ~ ~e~ f~ cae e~ecc p~ m~neFa~s, sa~C vaceF, bF~nes and ~che~ cee~rceoj the ~c~us~ FLgAC co s~m~ or ase~ co use In p~, g~eml r~ ~ ha~f~, a11 ~ to ~ 1~ ~t at a~ cite o~cor ~ ica ~eso~ ~ aHt~ s~X1 ~ ~ ~ u ~ co ince~e~ ~X~ f~eh water s~ce. ~tai~ ~ a~tee or ice nu~ww~ or ~scrtcc~ rt~t o~ a~se co saXd ~=aXL re~ee a~ o~ lp~ell ~ e~eH co rights ~ hereE.~ emil not hereco~o~ de~l~, CMO c~ ~ly be ~. p,v,ld~ f~er. OMC O~c~, 31, 1~07 in ~ 6081. Page 373 oE EXHIBIT "C" General Plan Amendment/Zone Change Mitigation Measures/Conditions Of Approval EXHIBIT "C" General Plan Amendment]Zone Change P98-0976 Mitigation Measures/Conditions Of Approval Discover of any onsite oil, gas or injection well will require immediate notification of the Bakersfield office of the Division of Oil and Gas. The Division of Oil and Gas may require remedial operations of such wells. -4- 4 Minutes, PC, Thursday, March 18, 1999 Pa.ge 12 AYES: Tkac Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, NOES: None Commissioner Boyle made a motion, seconded by Commissioner Ortiz, to adopt resolution approving and adopting the negative declaration approving the requested zone change from M-1 (Light Manufacturing) to CC (Commercial Central) with revised conditions as shown on attached Exhibit "A with the additional provisions: 1) Incorporate Steve Walker's memorandum of March 18~h, points two and three; 2) Incorporate the March 18~h letter from the California Historical Resource Information System as conditions one through four; and 3) the selection of the archeologist be done in conjunction with the Native-American Association here in town. Motion was carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, Tkac NOES: None 8.3a) General Plan Amendment P98-0976 - Kenneth F. Cooper Combined with 8.3b below. 8.3b) Zone Chanae No. P98-0976 - Kenneth F. Cooner Staff report given. Public portion of the hearing was opened. Lorraine Unger representing the Kern Kaweah Chapter of the Sierra Club, and their interest is protecting the Kern River Parkway. The Kern River Parkway is the only green belt in Bakersfield. She commented that the zone change and the land use element to office commercial is inappropriate. Brad Cooper, part-owner and General Manager of Cooper's Garden Center, stated that they have been in business for 58 years, and they plan to continue to do business for another 35 years at this location. However, they find it difficult to compete with Home Depot, etc. Their business is the only agriculture property in the city. They have applied for this zone change just to have the potential use of doing something else. Mike Neal, Vice-President for Business Administrative Services with California State University, Bakersfield, stated that they are not in opposition to the zone change, but they do want to make sure that the structural changes be reviewed and approved by the University, including architectural changes, and that is part of the restriction within the radius of the University that is built into the properties. Public portion of the meeting closed. Minutes, PC~ Thursday; March 18, t999 Page 13 Commissioner Boyle stated that given this property is separated from the parkway by the canal and bike path, there is no habitat on this piece of property, that he does not feel that the applicant's request is inappropriate, and would support the project. He stated that he thinks there should be a view of the parkway through the property, and the concerns of Cal. State Bakersfield can be addressed, and instead of doing it as commemial office space zone that they consider a PCD, where it would be a zone change meeting the needs of the applicant for commercial development, but having it one that comes back where there would be a public hearing as to what this site would look like. Commissioner Brady questioned if Cai State already has the right to control or sign off on any construction on the property to which staff responded that he has second hand knowledge that something like that exists. Staff reported that it is not something between the City and Cai State, and that the first time it was heard of was when the Marketplace was being built. Commissioner Brady inquired of Mr. Cooper if there was some covenant or restriction on the property to which Mr. Cooper responded in the affirmative. Commissioner Brady stated he would support the application as presented. A motion was made by Commissioner Kemper, seconded by Commissioner Ortiz, to adopt resolution recommending approval of the proposed negative declaration recommending approval of the proposed amendment to the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan. Motion carried by the following roll call vote: AYES: Commissioners Boyle, Brady, Kemper, Ortiz, Sprague, Tavorn, Tkac NOES: None Commissioner Tavorn agreed with Commissioner Boyle on the PCD issue. Commissioner Sprague stated he doesn't see a need for a PCD because the deed restrictions are in place, and at the site plan review the issue can be addressed then. Commissioner Brady stated whatever goes on the property has to be in accordance with Cai State's wishes, and they did a nice job with the Market place and working things out there. They are just making the zoning in accord with use that's already been there for years, and puffing this extra burden on the people that are using the property already is outrageous. Commissioner Boyle stated if they approve the commercial office space, they can build any project they want in accordance with the ordinances. The site plan review does not have the ability to change it. The site plan review process has no ability to say they want it to look like something else. If it meets the ordinances, it meets the ordinances. The PCD gives them the opportunity to say could we Minutes, PC~ Thursday, March 18, 1999 Page 14 you to turn this building a little like this, or do this, because we're concerned about traffic, or we're concerned about the view of the Kern River Parkway. deed restriction may address Gal State's problem, but it doesn't address the concerns that the citizens may have and the view. The Mr. Grady stated that if their desire is to have a PCD then their motion tonight would not be to zone this property; it would be to deny the zone change, because the PCD is the site plan as well as the conditions of approval. The zone change would occur at the time as they are ready to develop the property. Commissioner Tavorn inquired if the CC&R's go with the transfer of property, to which staff responded in the affirmative. A motion was made by Commissioner Boyle, seconded by Commissioner Tavorn, to adopt the resolution denying recommendation of approval of the proposed negative declaration and denying approval to propose zone change. Motion is carried directing the property come back as a PCD by the following roil call vote: AYES: Commissioners Boyle, Kemper, Tavorn, Tkac NOES: Commissioners Brady, Ortiz, Sprague Motion is carried, directing the property to come back as a PCD. Commissioner Tavorn made a motion to move agenda items 8.9(a), 8.9(b) and 8.9(c) to the next agenda item. Seconded by Commissioner Ortiz. Motion carried. 8.9a) General Plan Amendment P99-0054 - Porter-Robertson Enuineerinq Combined with 8.9b and 8.9c below. 8.9b) Circulation Element Amendment P99-0054 - Porter-Robertson Enuineerinn Combined with 8.9a and 8.9c below. 8.9c) Zone Chanae P99-0054 - Porter-Robertson Enuineeripn Staff report given. Public portion of the meeting was opened. John Etcheverry stated he lives to the northerly part of this intersection, and opposes the road change only, and has no concerns about the church or the density. He opposes the road change due to dangerous conditions for egress Dennis C. Fidler Building Director (805) 326-3720 Fax (805) 325-0266 BAKERSFIELD Development Services Department Jack Hardisty, Director Stanley C. Grady Planning Director (805) 326-3733 Fax (~05) 327-0646 February 5, 1999 Dear Property Owner or Other Interested Party: You are being sent the attached notice because the Kern County tax records indicate you own property in a proposed project area or within 300 feet of a proposed project (see attached map), or you have specifically requested this notice be sent to you. The attached notice describes the proposed project and draft environmental determination the City of Bakersfield is currently processing. In compliance with applicable environmental and planning laws, we are informing you of your opportunity to comment either in favor or against the proposed project. You should express your comments at the public hearing indicated on the attached notice. However, if you are unable to attend this hearing, you may submit written comments to this department or contact me by telephone prior to the hearing so that they can be considered by the Planning Commission. Sincerely, Richard E. Dole Associate Planner RED City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301 Dennis C. Fidler Building Director (805) 326-3720 Fax (805) 325-0266 BAKERSFIELD Development Services Department Jack Hardisty, Director February 5, 1999 Stanley C. Grady Planning Director (805) 326.3733 Fax (805) 327-0646 TO: SUBJECT: Responsible or Other Interested Agency Notice of Public Hearing and Draft Negative Declaration Pursuant to the California Environmental Quality Act (CEQA), the City of Bakersfield will be the Lead Agency and will prepare a Negative Declaration for the project identified in the attached Initial Study. We would appreciate the views of your agency as to the scope, content and adequacy of the environmental information which is applicable to your agency's statutory responsibilities in connection with the proposed project. Your agency may need to use this Negative Declaration when considering any permits or other approvals needed for this project. In order to review and consider your comments on this project, please send your response no later than 20 days after receipt of this notice to Richard Dole, the project planner assigned to this case. at the address indicated above. In your response, please include the name of the contact person in your agency. Pursuant to the Planning and Zoning Law of the California Government Code, notice is hereby given that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. Said hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, MARCH 16, 1999, in the Council Chambers at City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, MARCH 18, 1999, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301. For more information, please call the department at (805) 326-3733. Sincerely, Richard E. Dole Associate Planner RED City of Bakersfield · 1715 Chester Avenue · Bakersfield, California · 93301 NOTICE OF PUBLIC HEARING AND PROPOSED NEGATIVE DECLARATION BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSFIELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commission of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, March 15, 1999, in the Council Chambers, City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing wiii be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, March 18, 1999, in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: The project to be considered: General Plan Amendment and Zone Change P98-0976. A request to amend the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan as follows: Land Use Element amendment from Open Space to Office Commercial on 3.40 acres; Kern River Plan Element amendment from 8.5 (Resource Management) to 6.25 (Office Commercial) on 3.40 acres. A request to amend the zoning from "A" (Agriculture) to "C-O" (Professional and Administrative Office) on 3.40 acres. 2. Project location: North side of Stockdale Highway, west of the Arvin-Edison Canal 3. The name and address of the project applicant: Kenneth F. Cooper 8400 Stockdale Highway Bakersfield, CA 93311 NOTICE IS ALSO HEREBY GIVEN that a public hearing will be held at the same time and place by the Planning Commission to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact Richard Dole) in the Development Services building at 1715 Chester Avenue, or by telephoning the department at (605) 326- 3733. PUBLIC COMMENT regarding the proposed project and/or adequacy of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Plannino Department. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: January 29, 1999 POSTED: January 29, 1999 Planning Director RED s:gpa-mar\0976\nph ~-- GENERAL PLAN AMENDMENT P98-0976 OS KERN OS STOCKDAL£ HVC¢. 0 600 I ' ! SCALE IN ~EE"T 19906 CAI. IFORN;,4 £TA~rE UNIVERSITY BAKERSFIELD T305, R27E GPA P98-0976 KERN RIVER ELEMENT PROPOSED KERN RIVER FREEWAY : .... ,¢~oss wtt~' c.~ UNIVER$11Y SC~E 990:5 33 ZONE CHANGE P98-0976 PROPOSE[:) KERN RIVER FREEWAY ~.'-'""~-2 //./'/A //' / -----------~ ---" ~// ~l ---_ -oX TOC~DALE H~, ' ' ; - - '-' CAUFOR'NI,4 UNIVERSITY ~,4KERSFI£LD R-1 R-2 0 SCAI.~ IN FEET 19907 C R-2 I. ENVIRONMENTAL CHECKLIST E~'t:CT : IMPACT .... Mmc.,ATIOI~ ..i: ~::' /M/~AC'/~:'"' M~.?::I Cli~r ~ t ~ ~ ~S I· :::~::: ~ .... ::~";~:"~;'~-:"*:: (NOTE DISCUSSION REGN~DING THE ABOVE IMPACT~ IS ATI'ACHED.' $. $ign~icant ~ ,= Pot~Jly $ignffica~ I = i~n~ir.,an~No E{a~ct Y =. Ye~ N - No ORD = Ordinance F~ II. MANDATORY FINDINGS OF SIGNIFICANCE Y N IlL F~NDING5 OF DETERMINATION (Pm~ec~ wnem· Ne.~nuve Occtaratmn or EIR has not 0een prevmuslv prep~e~ or w~ · prevmm d-'--,---.., wix ~ ON TI~ BASIS OF 'I'HI~ ~rrf_.~L EVALUATION (check one): It Itu been iound that the proposed project COULD NOT have a significant effect on the envm)nment: therefore, a NEGATIVE DECLARATION will be prepared. It has been found that althou~ the pwposed project could have a s/~ificunt effect on the env/mnment, there will not be a sign/flcant effect in t/tis case becnuse MITIGATION MEAS~ as/dent/fled/n the D;~'~,-~on of Env/ronmental [rr~. acts. have been incorporated into the plX~Ject: there/ore, a NEGATIVE DECLARATION will be prepared. It has been found that the proposed project MAY have a si?if~cant effect on the enV~Onmeut, and aa EIR (ENVIRONMENTAL IMPACT REPORT) will be prepared. PREPARED BY: ~ ~d INITIAL STUDY GENERAL PLAN AMENDMENT/ZONE CHANGE P98-0976 PROJECT DESCRIPTION APPLICANT: Kenneth F. Cooper 8400 Stockdale Highway Bakersfield, CA 93311 LOCATION: North side of Stockdale Highway, west of the Arvin-Edison Canal and west of Gosford Road. PROJECT DESCRIPTION: General Plan Amendment and Zone Change P98-0976. A request to amend the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan as follows: Land Use Element amendment from Open Space to Office Commercial on 3.40 acres; Kern River Plan Element amendment from 8.5 (Resource Management) to 6.25 (Office Commercial) on 3.40 acres. A request to amend the zoning from "A" (Agriculture) to "C-O" (Professional and Administrative Office) on 3.40 acres. BACKGROUND Subject site has both Land Use Element and Kern River Plan Element land use designations. Of these two "elements", the Kern River Plan Element has the most restrictive land use development policies. These policies are for the purpose of conserving and preserving the Kern River corddor environment including but not limited to primary and secondary flood plains, wildlife, natural resources, riparian growth, and parks and recreation. The Kern River Plan Element boundaries extends along both sides of the Kern River from the mouth of the Kern Canyon on the east to Interstate-5 on the west a distance of approximately 35 miles. The Kern River Plan Element is available for review in the office of the Planning Department. EXISTING ENVIRONMENTAL SETTING: Subject site is 3.4 acres in size and has an extreme linear configuration of approximately 2,000 feet in length and a maximum width of approximately 300 feet. The widest portion of the site is located along the eastern portion of the parcel, and the western portion of the parcel is acute. Located along the north side of the subject site is a bike path and the Kern River Canal with a width of 100 feet which separates the site from the Kern River environs. Along the east side of the subject site is the Arvin-Edison Canal, also 100 feet in width, separating the site from a shopping center. On site land uses include a plant nursery with indoor and outdoor plants and landscaping materials and a parking lot. Both nursery and parking lot are located on approximately the eastern one-fourth of the site. The remaining portion of the site, with one exception, is undeveloped. Surrounding land uses are shown on Table I. The exception is a bike path connecting Stockdale Highway and the bike path located along the north side of the Kern River Canal. This bikeway allows access from California State University to the bike path located along said canal. Initial Study GPA/ZCP98-0976 Page 2 TABLE I DESIGNATIONS, ZONING, LAND USE LAND USE LOCATION Land Use Kern River Circulation Zoning Existing Land Use Element Plan Element Element District* Designation* Designation* Designation* NORTH OS 8.5/2.5 N/A A, FP-S Kern River Canal, Bike Path, Kern River SOUTH PS N/A Arterial R-1 Stockdale Highway, California State University, Bakersfield EAST GC N/A N/A C-2-D Arvin-Edison Canal, Shopping Center WEST OC 6.25 N/A C-O Undeveloped, Bike Path and Canal Bridge * See Attachment "A" for definitions of designations and zoning districts. RED s:gpa-mar~0976-is APPENDIX I General Plan Amendment/ZC P98-0976 Earth ENVIRONMENTAL IMPACTS Soils - Construction of the proposed project will result in 3.40 acres of the soils of the Waaco sandy loam to be insignificantly disrupted, compacted, displaced, overcovered and uncovered by grading, filling, trenching, installation of drainage facilities, and other ground preparation activities necessary for urban site development. If irrigation water is available, these soils are considered "pdme" for agricultural purposes by the State Department of Conservation. Standard ordinance compliance includes the requirement for soils and grading reports prior to issuance of building permits and adherence to applicable building codes. Gecloaic Hazards - Geology of the site consists of an alluvial plain, which is not considered a unique geologic or physical feature. The proposed project would not create an unstable earth condition or cause changes to any geologic substructure. The prOject will not expose people, structures, or property to major geologic hazards such as landslides, mudslides or ground failure. Although no specific geologic hazards are known to occur within the boundaries of the project site, there are numerous geologic fractures in the earth's crust within the San Joaduin Valley, which is bordered by major, active fault systems. All development within the Metropolitan Bakersfield area is therefore subject to seismic hazards. Current development standards will require the project to comply with appropriate seismic design criteda from the Uniform Building Code, adequate drainage facility design, and complete preconstruction soils and grading studies. As the site is outside the Alquist-Priolo Seismic Zones, no special seismic studies would be required for this site pdor to building structures for human occupancy. E i n / dimen ' n - The Kern River Canal is located atong the north side of the subject site, and the Arvin-Edison Canal is located along the site's east side. The Kern River, at its nearest point, is located approximately 800 feet north of the Kern River Canal with the area between the river and canal being the Kern River riparian area. The location of the Kern River Canal wold prevent water runoff from being directty disposed of in the Kern River. Any disposal of runoff water into either the Kern River Canal or the Arvin-Edison Canal requires approval of the agencies having governing authority over either of the canals. Typical ordinance requirements ensure that erosion, siltation or deposition of soils from the site by water run-off wilt not occur through development of the prOject, nor through drainage of the site after construction. Wind erosion and fugitive dust may occur during any construction process; however, normal use of water spraying will control wind erosion impacts and should not be considered significant. TODOOraDhv - The slope of the natural terrain on-site is fiat. Project development will not result in a change to the topography and/or ground surface relief features of the area to a significant degree. Appendix I GPNZC P98-0976 Page 2 Water Water Quality / Quantity - Groundwater - The prOject will not alter the direction or rate of flow, or substantially deplete the quantity of groundwater resources, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. The project will not contaminate a public water supply, substantially interfere with groundwater recharge or substantially degrade water quality. Water service would be provided for the development by the City of Bakersfield. The cumulative impact to the water table would be negligible and insignificant. Surface Water - The project will not result in discharge into any surface water, alter surface water quality to a significant degree, including but not limited to temperature, dissolved oxygen or turbidity. The proposal will not contaminate any public water supply. Subject site is located adjacent to the Kern River Canal and the Arvin Edison Canal (See river and canal discussion under Erosion / Sedimentation above), The proposal will not result in changes in currents or the course or direction of surface water movements. Flooding/Drainage - The project will not result in changes to the course or direction of fresh water currents, or result in changes to the amount of surface water, as the site does not contain, nor will the proposal impact, any rivers, streams or canals (See dyer and canal discussion under ~ Sedimentation above). FIRM (Flood Insurance Rate Map) map shows that approximately the east one-half of the site is located within "Zone B" ("Areas between limits of 100-year flood and 500 year flood; or certain areas subject to 100-year flooding with average depths less than one (1) foot or where the contributing drainage area is less than one square mile; or areas protected by levees from the base flood."). Subject site is also to flooding in the event of Lake Isabella Dam failure. Estimated time of flooding, for this area, from Lake Isabella Dam failure is six hours. Changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff will change upon development of the subject site. Current development standards require the project to comply with adequate drainage facility design, complete preconstruction soils and grading studies, and compliance with the City Public Works or Building Departments. Air Quality - There,will not be a substantial increase in air pollution emissions, nor will there be a substantial deterioration of ambient air quality through development of this project. The proposal will not violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive receptors to substantial pollutant concentrations. Short-term, non-significant, air pollutant impacts would be generated on and off-site during any construction on the site, including sources such as: dust from trenching, grading and vehicles; exhaust emissions from motor vehicles and construction equipment; and, emissions from asphalt paving of parking lots and roadways. Although there would be short and long-term air duality impacts from mobile sources of pollutants generated by the estimated daily volume of 40 tdps generated dudng P.M. peak hour, there will not be a substantial increase in air pollution emissions, nor will there be a significant deterioration of ambient air quality through development of this site. C imate/Air Movement - Land uses intended or allowed through the proposed project wi not, s~gnlficantly alter a~r movement, moisture, temperature and/or result in any change m climate, e~ ocally or regionally. ~ Appendix I GPA/ZC P98-0976 Page 3 Odors - Land uses allowed in the "OC" and "6.25" land use designations and the C-O zoning district do not appear to have the potential to create objectionable odors. Bi i al R so r Plants - The 3.40 acre project site is approximately 25% develobed. Flora on the developed portion consists of more or less permanent ornamental landscaping (shrubs, grasses, trees). Also on the developed portion of the site are nonpermanent ornamental landscaping flora and supplies which are for sate. The undeveloped portion of the site contains very little, if any flora. New plant species will be introduced as a result of developing the undeveloped portion of the site. A barrier would not be created to the normal replenishment of existing plant species, as the site would be completely developed. Although existing species of plants on-site would be removed through urban development, the proposal will not entirely eliminate a plant community or substantially diminish or reduce wildlife habitat. These effects of development are not deemed significant. Animals - Except for a few birds, other animals were not observed on the site. Due to the site being relatively isolated from the Kern River environs by the Kern River Canal and bike pate (100 foot width) a barder would not be created which would block the normal replenishment of existing animal species. The proposal will not entirely eliminate a wildlife community or substantially diminish or significantly reduce wildlife habitat. These effects of urban development are not deemed significant. R n i - Permits and approvals for development associated with this project will be subject to the terms of the Metropolitan Bakersfield Habitat Conservation Plan and associated 10(a)(1)(B) and 2081 permits issued to the City by the U.S. Fish and Wildlife Service and State Department of Fish and Game, respectively. Terms of the permit require applicants for development projects to pay habitat mitigation fees, excavate known kit fox dens and notify agencies pdor to grading. The Metropolitan Bakersfield Habitat Conservation Plan may be reviewed at the following location: City of Bakersfield, Planning Department, 1715 Chester Avenue, 2nd Floor, Bakersfield, CA, 93301, (805) 326-3733. Habitat Alteration - Urban development may alter the area's habitat by introducing domesticated or feral species of animals into the area. The project would not result in the creation of a barder to the migration or movement of animals from the surrounding land. These impacts to wildlife habitat are considered in the Final Environmental Impact Report for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), and are not considered significant for the project proposed. The proposed project is not "significant" per CEQA, and a Certificate of Fee Exemption has been made with the California Department of Fish and Game. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. See attached De Minimis Impact Findings. Transportation Traffic/Circulation - The City traffic engineer has determined that the project would generate 40 trips during the P.M. peak hour. The proposal will not cause an increase in traffic which is substantial in relation to the existing traffic load (volume) and capacity of the street system, and will not substantially impact existing transportation systems. The project will not significantly alter present patterns of circulation or movement of people and/or goods. Generation of 40 trips during the P.M. peak hour based upon 12. peak hour trips from the existing business and 28 peak hour trips from future office development. The City traffic engineer's determination is attached as Attachment Appendixl GPA/ZC P98-0976 Page 4 Any ~mpacts of the proposal shall be reduced to less than significant through the City ordinance requirement that all on-site and off-site impacts from traffic generated by this development be mitigated. All regional traffic impacts caused by this development shall be mitigated according to the regional traffic impact fee ordinance at the time of issuance of building permits. Parkino - Existing parking facilities will not be affected, nor will there be a demand for new parking through the existing proposal. Future development will determined the number of parking spaces. Any parking impacts will be reduced to less than significant through the parking ordinance requirement that which specifies the number of parking spaces to be provided for each type of land use. ~ - There would be no known significant increase in traffic hazards to motor vehicles, bicyclists, or pedestrians as a result of the proposed project. AirA, Vater/Rail Systems - The prOject will not affect waterborne, rail, or air traffic. Cultural Resources A~haeolooical/Histodcal - It is not known if archaeological or historical resources are located on the site. This initial Study will be transmitted to the Archaeological Information Center (AIC) housed at California State University Bakersfield for their review, comments and recommendations. All measures indicated by the AIC will be completed pdor to any ground disturbance. Land Use Comcatibilitv - The proposal will allow commercial and administrative offices to be constructed on the subject site. The existing land uses surrounding and adjacent to the project site include California State University Bakersfield, shopping center, canals and the Kern River which are indicated in Table "1". These uses are compatible with land uses allowed in the "C-O" zoning district. The proposed project will not conflict with adopted environmental plans or goals of the community, disrupt or divide the physical arrangement of an established community, or create a significant land use compatibility problem. Gel~eral Plan/Zonino -The present land use designations on the site are "OS" (Land Use Element) and "8.5" (Kern River Plan Element), with existing zoning of "A". The proposal will amend the land use to "OC" (Land Use Element) and "6.25" (Kern River Plan Element), and the zoning of the site to "C-O.. The proposal is consistent with the Metropolitan Bakersfield 2010 General Plan policies and implementation measures and will not significantly conflict with established recreational, educational, religious or scientific uses of the area. Growth Inducement - The proposed project will not induce substantial growth. Pdme Aodcultural Land - No agricultural crops currently exist on site. Removal of 3.40 acres of land through the proposal project will not convert prime agricultural land to nonagricultural use or impair the agricultural productivity of adjacent pdme agricultural land (See "Soils" under E~rth ) Public Services Police -Police protection for the area is currently provided by the City of Bakersfield. The proposal will not affect City Police protection in the area. Fir~ -Fire protection services for the Metropolitan Bakersfield area are provided through a joi!~T~re prctectJon agreement between the City and County. The proposal will not affect City fire servi'.,t~ for the area. Appendix I GPNZC P98-0976 Page 5 School8 - The proposed project would not impact school facilities to a significant degree· Dwelling units will not be constructed. Existing school impact fees and increased property tax revenues should reduce impacts on schools to less than significant. Project review by appropriate elementary and high school districts may, however, identify significant impacts to school facilities through this project, and may recommend additional mitigation measures be added to the project. Parks / Recreation - The project proposes no increase in population for the areas and would not result in an impact upon the quality or quantity of existing recreational opportunities or create a substantial need for new parks or recreational facilities. · Wa / Di I - The proposed project would not result in a need for significant new or substantial alterations to existing solid waste disposal systems. The development will not breach published national, state or local standards relating to solid waste or lifter control. Facility Maintenance - Street or other public facility improvements from the proposed development and eventual buildup of the area will result in an increase in maintenance responsibility for the City of Bakersfield. These increases in services are not deemed significant. Utilities Water - The proposed development would not result in a need for significant additional systems or substantially alter the existing water utilities in the area, Expansion of all water utilities would be required to serve this development, but the impact is not considered significant. All utility companies will be contacted regarding the proposal and may require additional mitigation from the applicant for receiving their service. Wastewater - The proposed development would not result in a need for significant additional systems or substantially alter the existing wastewater utilities in the area. Expansion of all wastewater utilities would be required to serve this development, but the impact is not considered significant. The proposed project will not require the extension of any sewer trunk line that will serve new development. All utility companies will be contacted regarding the proposal and may require additional mitigation from the applicant for receiving their service. Storm Drainaae - The proposed development would not result in a need for significant additional systems or substantially alter the storm drainage systems in the area. Expansion of all storm drain utilities would be required to serve this development, but the impact is not considered significant· Natural Gas - The proposed development would not result in a need for significant additional systems or substantially alter the natural gas systems in the area. Expansion of all natural gas utilities would be required to serve this development, but the impact is not considered significant. All utility companies will be contacted regarding the proposal and may require additional mitigation from the applicant for receiving their service. Electricity - The proposed development would not result in a need for significant additional systems or substantially alter the electricity systems in the area. Expansion of all electdc utilities would be required to serve this development, but the impact is not considered significant. All utility companies will be contacted regarding the proposal and may require additional mitigation from the applicant for receiving their service. ~ , Appendix I GPNZC P98-0976 Page 6 Communi~;ations - The proposed development would not result in a need for significant additional systems or substantially alter the communications systems in the area. Expansion of all communication systems would be required to serve this development, but the impact is not considered significant. All utility companies will be contacted regarding the proposal and may require additional mitigation from the applicant for receiving their service. PoDulation I EmDIovment / Housino The proposed project will not induce a substantial concentration or displacement of people, or significantly alter the location, distribution, density, or growth rate of the human population of the area, or affect existing housing or create a demand for additional housing. The proposed project could create 26,000 square feet of office floor space (Attachment "B"). The proposal may impact, in a beneficial way, the temporary and permanent income distribution, employment and/or tax revenues of the City of Bakersfield or County of Kern. The project will not, however, result in significant reduced employment opportunities for Iow and moderate income socio- economic groups or impact the social affiliation or interaction of the neighborhood. There will not be a significant impact on the privacy of surrounding areas. Health Hazards I Public Safety No health hazards or potential hazards to people or plant or animal populations will be created as a result of the proposal. The proposal does not involve a risk of explosions or releasing hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. The project will not attract people to an area and expose them to hazards found there, nor will the project interfere with emergency response plans or emergency evacuation plans. The project is not on the most current hazardous wastes and substances site list pursuant to Section 65962.5 of the California Government Code. Noise Ambient noise levels will increase through any urban type of development of the site. Typical development standards including building setbacks, walls, and landscaping will prevent substantial increases in the ambient noise levels of the adjoining area, will not expose people to severe noise levels, and would reduce noise impacts to less than significant. Aesthetics The urbanization of the site will alter the open space qualities of the area to a minor degree. The proposed project is not intending any uses or development in the area that would result in the obstruction of any scenic vista or view open to the public, nor will the proposal result in the creation of an aesthetically offensive site open to public view. The project will not have a substantial, demonstrational negative affect. Liaht and Glare Light and glare would increase as a result of electrical lighting facilities surrounding the proposed development and anticipated vehicle traffic. Site plan review of the proposed development will evaluate building location, matedal selection, lighting design, parking and signage placement to buffer proposed light impacts from surrounding developments. Proposed uses should not caus~e[~ significant light or glare to existing or future development surrounding the site. ~' Appendix I GPNZC P98-0976 Page 7 Natural Resources No non-renewable or other natural resources exist on-site to be used or depleted through the proposed project. Enerav Usaae The proposed development would not result in significant irreversible environmental changes, including uses of nonrenewable energy resoumes, dudng the initial and continued phases of the project. The project will not result in significant energy requirements or lack of energy efficiency by amount or fuel type of a project's life cycle. The proposal will not result in significant effects on local and regional energy supplies or on requirements for additional energy capacity or sources, nor will the project result in significant effects on peak and base pedod demands for electricity and other forms of energy. The project will not conflict with existing energy standards, nor will it encourage activities which result in the wasteful or substantial use of significant amounts of fuel, water, or energy. The project will not result in significant effects on projected transportation energy requirements or in the project's overall use of efficient transportation alternatives. I1. MANDATORY FINDINGS OF SIGNIFICANCE The prOject does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or impact important examples of the major periods of California history or pre-history. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term, environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable or for which the incremental effects of an individual project are considerable when viewed in connection with the efforts of past projects, then current projects, and possible future projects. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Reference List 2. 3. 4. 5. 6. 7. 8, s:gpa-mar\O976~ai Metropolitan Bakersfield 2010 General Plan and Appendices, City of Bakersfield, Kern County, Kern COG, Golden Empire Transit, March 1990. Metropolitan Bakersfield 2010 General Plan DEIR, The Planning Center, July, 1989. Metropolitan Bakersfield 2010 General Plan FEIR, SCH #8907032, City of Bakersfield, County of Kern, KCOG, Golden Empire Transit, September, 1989, FEIR Metropolitan Bakersfield Habitat Conservation Plan, Thomas Reid Associates for the City of Bakersfield and Kern County, March 1991. Metropolitan Bakersfield Habitat Conservation Plan, Advisory Notice to Developers, 10(a)(1)(B) and 2081 permits, 1994. Kern River Parkway Plan DEIR, FEIR & Technical Appendix, June & Sept. 1988, Jones & Stokes ASSOC. Title 17, Zoning Ordinance, Bakersfield Municipal Code. Kern River Plan Element, July 1985, City/County ATTACHMENT A KERN RIVER PLAN ELEMENT NON-JURISDICTIONAL LAND 1.1 State and Federal Land PHYSICAL CONSTRAINT OVERLAYS 2.1 Seismic Hazard 2.5 Flood Hazard PUBLIC FACILITIES 3.1 Public and Private Recreation Areas 3.3 Other Facilities SPECIAL TREATMENT AREAS 4.3 Specific Plan Required RESIDENTIAL 5.2 Maximum 16 units per net acre 5.3 Maximum 10 units per net acre 5.35 Maximum 7.25 units per net acre 5.4 Maximum 4 units per net acre 5.5 Maximum 1 unit per net acre 5.6 Minimum 2.5 gross acres per unit 5.7 Minimum 5.0 gross acres per unit 5.8 Minimum 20 (~ross acres per unit LAND USE LEGEND COMMERCIAL 6.1 Major Commercial 6.2 General Commercial - 6.25 Office Commercial (City Only) 6.3 Highway Commercial INDUS TRIAL 7.1 Light Industrial 7.2 Service Industrial 7.3 Heavy Industrial RESOURCE 8.1 Intensive Agriculture 8.2 Resource Reserve 8.4 Mineral and Petroleum 8.5 Resource Management p:krpe-lul ATTACHMENT A RR ER Him HR HC MC OC MUC GENERAL PLAN OESZGNATZON$ aural ReszOen~;al - 2.5 gross acres/eweZ.~tng un~) ~Suburoan AeszOen~[al - less Than or eaua[ ~o 40we[~.~ng un[Ts/net acre) un[ts/net acre~ equal =o 10 dwe[/.in~ un[Ts/net greater ~nan 7.26 anU las8 cnan 17.42 Qwel.Ltng un~tslnet acre) [High Density ReeldenZial - greater ~an 17.42 anQ Less t~an or equal to 72.6 dweJ. Ling un[ts /ne~ acre) (HigHway {Major ¢omeerc~a~) iOffice Commercial) Uae Comaerc~al) LI ~ Ugh[ with no -,-'~' m ab-t~-~ property, and no aL.w~de W- .~ve~aweys are arterial higJml.VS with at l~.st partmi conuut of ,'"'--" which may or may not be d~vided or have grade sepmtima et mmT-e~__ ~o--, and may. t~ an interim (,,~, .W for an uJLtima,,, freeway. traffic, ruth a minh~ ~m~ctiou to provide for p~p~ny acc~ and ATTA~T A CITY OF BAKERSFIELD ZONING DESIGNATIONS R-1 /One Family Dwelling - 6,000 sq.ft./dwelting umt) E I Estate - 10,000 sq.~./dwelling umtl R-S (Residential Suburl:}an - 24,000 sq.lL/dwelling umt) R-S-IA IResidential Suburban. one-acre mimmum lot size) R-S-2.SA (Residential Suburban-2-1/2 acre minimum lot size} R-S-SA (Resulemial Suburban five-acre minimum lot size) RoSolOA ~Residential Suburban ten-acre minimum lot size) R-2 ~ Limited Multiple Family Dwelling - t,'2.500 sq. IL/dwelling umt) R-3 (Limited Multiple Family Dwelling - 1/1.250 sq. fL/dwelling mt) R4 (Limited Multiple Family Dwelling - 1/600 sq.ft./dwelling unit) R-H (Resi~ntial Holding) PUD (Planned Unit Development) C-O (Professional and Aaministration Office) C-1 (Nei~borhood Commercial) C-2 I Regional Commercial) C-C cCommercial Center} PCD (Planned Commercial Development) M-I (Light Manutacmrmg) M-2 (General Manufacturing~ M-3 (Heavy Industrial) A (Agriculmre~ A-20A (Agriculture-20 acre minimum) P (Automobile Parking) RE (Recreatiom Ch (Church) OS (Open Spacel HOSP. (Hospilall D (Architectural Design) (no longer in use) AD (Architectural Design) FP-P (Floodplain Primary) FP-S (Hoodplain Secondary) AA (Airport Approach) TI' (Travel Trailer Park) MH (Mobilehome~ $C ~Seinor Citizenl t~zone. 1 ATTACHMENT "B" BAKERSFIELD PUBLIC WORKS DEPARTMENT Traffic Engineering Memorandum DATE: November 25, 1998 TO: FROM: Marc Gauthier, Principal Planner Stephen L. Walker, Traffic Engineer SUBJECT: Proposed General plan Amendment and Zone Change application for Cooper's Nursery Site Yesterday we were contacted by Mr. Ken Cooper and Mr. Brad Cooper of Cooper's Nursery. They are considering applying for a GPA and Zone Change to Office Commercial use for their site on Stockdale Highway just north of Cal State Bakersfield. They had obtained information from your office about the process, which includes contacting us to determine if a traffic study is required. We estimated the existing nursery site produces approximately 12 PM peak trips based on the size of the swre area. The overall site is 3.4 acres and they indicate useable area is 2 acres, based upon the unusual geometry of the site. It is a long, narrow strip bounded by Stockdale Highway and two canals. Assuming 30% coverage, on a 2 acre site, yields an office building floor area of 26,000 square feet. Assuming a one swry building yields approximately we estimate the office will produce 40 PM peak trips. The 40 total peak trips is below our threshold for a study, not even taking into account the net new trips which is 28. With 28 net new trips a traffic study makes it even farther below the threshold. In light of this we do not feel a traffic study should be required. If the final scope of the pwject differs significantly from our assumptions or you determine the scope for your analysis is different we may need to re-visk this issue. Otherwise, no study is necessary. CC: PW Memo Files Traffic Engineering File Ken Cooper (FAX) Mahan Shaw, Sulxlivisions GENERAL PLAN AMENDMENT P98-0976 LR I OS-P I PROPOSED KERN RIVER FREEWAY · ~ROSS VALLEY CANAL OS OS OC STOCKDALE HWY. ~~~f(' t29S,r27£ 0 SCALE IN FEET lgg06 51 T305, R27£~ GPA P98-0976 KERN RIVER ELEMENT PROPOSED KERN RIVER FREEWAY // ~ -- ...~CROSS VALLEY CANAL-- ~ f ..................... -~./--....... - STOCKDALE H~. ~ " ~// $2 T29S,R27[ CALIFORNIA STATE UNIVERSITY BAKERSFIELD 0 600 I [ SCALE IN FEET 19905 T505, R27E ~ C ZONE CHANGE P98-0976 PROPOSED KERN RIVER FREEWAY Rl l CROSS VALLEY CAI~L KERN RI VER FP-P C-O '-~ A STOCKDALE H~. / / //FP-S C-2 ~2 T29S,R27[ T30S, R27E R-2 0 SCALE IN FEET 19907 CALIFORNIA STATE UNIV£RSITY BAKERSFIELD Ri2 ~oo C C PLANNING DEPARTMENT TED JAMES, AICP, Director 2700 "M' STREET, SUITE ~00 March 30. ] 9t)9 · ESO URCE MA NA GEMENT A GEN(. DA VID PRICE 111, RMA DIRECT( engineering & Survey Sen/ices Deoar~rm FII, E: 300-00 3 142; IVlap #102 (32) Kern River Plan Element Tt~ BOA1UD OF SUPERVISORS Kern River Plan Element, located north of Stockdale Highway, ;vest of Coffee Road and the Arvin-Edison Canal, withiu the City of Bakersfiehl - 3.40 Acres FUNDING: No Fiscal Impact Dear Members of the Board of Supervisors: The purpose of this letter is to apprise file Board of Superx~sors of the Planning Commission's recommendation on a proposed General Plan Amendment and zone cllange project within the jurisdictional boundaries of the City of Bakersfield (City) and within the City/County jointly adopted Kern River Plan Element (KRPE). The KKPE is an Element of the Metropolitan Bakersfield 2010 General Plan (2010 Plan). Pursuant to tile provisions of the KRPE, the City is requesting that the Planning Commission and Board of Supervisor5 make a recommendation to approve or deny the aforementioned request. The jointly prepared KRPE requires the City Planning Commissioo and City Council to consider the County's recommendation when conducting hearings on proposed amendments to tile KRPE. Tlfis procedure for obtaining the recommendation of the Board of Supervisors when processmg proposed amendments is intended to maintain the int~g'ity of'the KRPE as a single product of the txvo jurisdictions. The City is presently considenng a project which consists of a General Plan An~endment m~ct a zone change on a 3 40-acre sire. The City has prepared a Negative Declaration for the project The subject 3 40-acre stte is generally bounded by Stockdale Hi~lway on file south, the Kem River Canal on the north and west, and the Arvin-Edison Caual on the east. Site development includes a plant nursery (Cooper's Norsery) and related parking area on dm eastern I/4 of the parcel 'D~e remainder of the site is undeveloped, x~fith the ex'ception ora bike path connecting Stockdale Highway and the bike path located along the norfll side of the Kern River Canal. The site is designated Map Code 8.5 (Resource Management) by the KRPE and is zoned A CExclusive Agriculture). The applicant proposes to amend the site desi~mqation from Map Code 85 to 6.25 (Office Commercial) and to rezone the site from A to C-O (Professional and Administrative Office) (City zoning). On Februaq,' 16. I et)t), the Kern County Planning Department solicited conunents from two citizens gj-oops (Kern River Access Committee and Kern River Parkway Fotmdation) who requested notification in the event of a request to amenci the I-:RPE. No comments have been received. The prnnm3 focus of the I-(RPE is the preservation of the pr/mary floodway of the Kern River. The KRPE also focnses on the area x~qthin the secondary floodway, as this is the area most likely to experience pressores for development which n ~oD~t co ~fl ct w t ~ ot ~er londevelopment-onented uses of~e Kern River. Accugage, to the Imuat Study pr~nr~ by the C~tv of Bakersfield PI~mng D~a~t, the F[~4 (Flood Bsura~ Rate March 30, 1999 Page 2 Map) map shows duat appro,'dmately the east one-hail of the site is located wiflm~ Zoae B. These areas allow for development subject to any necessary flood proofing. There arc several policies m both the KRPE and die 2010 Plan wi'dd~ discourage conm~ercial designation of file subject property. The KRPE contains a specific commercial policy that specifies that conm~ercial areas should be compact rather than stretd~ed along major arterials suclu as Stockdale Highway (Commercial Policy 6). There curreautly exists office commercidi (Map Code 6.25) designated property to the west of the project site along Stockdale Highway as well as the conunercially designated Town and Cotmtry Shopping Center to the east of the proposed project site. The 2010 Plma commercial siting polices also discourage the designation of new strip conunercial designations by specafying that new couuncrcial designations be separated by at least V2 imle (Conmaercial Policy 19), and the policies also encourage thc clustenng of conunercial developmmt in compact areas rather than extended along streets mad highways (Commercial Policy 22). The requested ameaadment does not meet the inteaat of the aforementioned policies. If file City of Bakersfield were to approve the amendmmt proposal, the resulting conmlercial designation would create a continuous strip of relatively shallow-depth conunercial property on the north side of Stockdale Highway from the Term and ComanSr Shopping Center at Coffee Road west to Buem Vista Road. On Ma,'ch I I, 1999, the Kern County Plamm~g Coomussio,~ held a public heating regarding this proposal. Afl. er considering a Staff recommendation and public mst/mony, the Plmming Conmussion reconunea~ds that your Board advise file Bakersfield Planmng Coounission nnd City Coullcil to disapprove General Plan flanendinent and Zone Change P98-0976. This is because the KRPE and 2010 Plan conm~ercial siting policies discourage the establishmea~t of strip commercial patterns along streets. Since the Coualty is not the Lead Agency for this project and does ilot have jurisdiction by law as defined in the CEQA Guidelines, a Board action to forward a rcconunendation on the proposed project to the City of Bakersfield rcqmres lie formal CEQA action. 1T IS RECOIViIVlENDED flint file Board of Supm~sors aufllorizc due Plaruung Director to forward a letter to flue City of Bakersfield w~th a recomnmndation that the City disapprove General Plan Aanendment and Zone Change P98-0976. Very truly yours. TED J(AMI~, AICP, Director Plamun'g'-D'ep a rtmea~t TJ:JS:jb h:\j vb\board.ltrkkrp e.b30 cc: Kern River Access Committee/Attention Thomas Fallgatter Kern River Park \Vay Foundation/Atteaution Bill Cooper Keamedl F. Cooper, applicant City of Bakersfield Planning DepartmendAttcamon Richard Dole PLANNING DEPARTMENT TED JAMES, AICP, Director 2700 "M" STREET, SUITE 100 BAKERSFIELD, CA 93301-2323 Phone: (66~) 862-8600 FAX: (661) 862-8601 TrY Relay 1400-735-2929 RE~OURCEMANAGEMENTAGENCY DAVID PRICE III, RMA DIRECTOR Engineering & Su~'ey Servlcel Department Planning Department March 3 I, 1999 FILE: Gen Corres Mr. Jack Hardisty, Director City of Bakersfield Development Services Department 1715 Chester Avenue Bakersfield, CA 93301 Re: General Plan Amendment and Zone Change P98-0976 Dear Mr. Hardisty: This correspondence is in response to your request for comments and recommendations regarding the General Plan Amendment being proposed within the Kern River [,lan Element (KRPE) by Kenneth Cooper, the owner of Coopers Nursery, to designate the site for commercial office use. This referral was made to the County in accordance with provisions of the joint City/County KRPE that provides for the County's advisory recommendations to be considered by the City Planning Commission and City Council. On March 1 I, 1999, the Kern County Planning Commission held a public hearing regarding this proposal. The Planning Commission made a recommendation that the Board of Supervisors advise the Bakersfield Planning Commission and City Council to disapprove General Plan Amendment P98-0976. On March 30, 1999, the Kern County Board of Supervisors considered the Planning Commission's recommendation and recommends disapproval to the City. In addition, the Board of Supervisors authorized the Planning Director to forward a letter to the City with a recommendation that the City disapprove General Plan Amendment and Zone Change ['98-0976. The Planning Department analysis that was presented to the Board of Supervisors is attached for your information. The aforementioned recommendation was based upon the County Planning Department's analysis of the policies and intent of the KRPE. In providing this recommendation, it is acknowledged that the Board of Supervisors and Planning Department staffhave not considered testimony involving a noticed public hearing and comments and final determination for the project's environmental document. Should you have any questions, please contact ,lake Sweeny, Associate Planner, at (805) 862-8624. AICP, Director Planning Department Attachment cc Mr. Stanley Grady, City of Bakersfield Planning Director Clerk of the Board of Supervisors UNTY SUPERINTENDENT OF SCHOOLS March 4, 1999 KELLY E BLANTON, Supenntendenr Richard E. Dole, Associate Planner City of Bakersfield Development Services Department 1715 Chester Avenue Bakersfield, CA 93301 Our File No.: Cl99-0007 Re: General Plan Amendment and Zone Change P98-0976 Dear Mr. Dole: This office represents the Panama-Buena Vista Union and Kern High School Distncts. We appreciate the opportunity to respond on behalf of these districts regarding the proposed project. Our office has determined the above-mentioned project to change the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan from Open Space to Office Commercial (3.40 acres); Kern River Plan Element amendment from Resource Management to Office Commercial (3.40 acres) and a request to amend the zoning from A (Agriculture) to O-C (Professional and Administrative Office (3.40 acres) will have no significant effects on either of these district's facilities so long as statutory school facilities fees are collected as required by law and that no further mitigation measures regarding school facilities are necessary. Thank you for the opportunity to comment on the project. If there are any changes relating to this project, please contact this office. Should you have any questions, or if we can be of any further assistance in this matter, please do not hesitate to contact me, or Steve Hartsell, at 636-4599, or through e-mail at mawilkins@kem.org. Sincerely, Kelly F. Blanton County Superintendent of Schools M~cility Specialist II School Distdct Facility Services MLW cc: District(s) 1300 17th S[reet, Bakersfield, CA 93301-4533 ·.. advocates for children ] f805) b3~-4000 a FAX f80~.636-413C~- ~.~, STATE Of CAUFORNIA- THE RESOURCES. _2NCY DEPARTMENT OF CONSERVATION 801 K Street. MS 24-02 Sacramento, CA 95814 (916) 445-8733 Phone (916) 324-0948 Fax (916) 324-2555 TDD Mr. Richard Dole Planning Department City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 February 11, 1999 Subject: Negative Declaration for General Plan Amendment and Zone Change No. P98-0976 in the City of Bakersfield, Kern County GRAY DAVIS. Governor The Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) has reviewed the above referenced project. The DOGGR supervises the drilling, maintenance, and plugging and abandonment of oil, gas, and geothermal wells in California. We offer the following comments for your consideration. The proposed project is located beyond the administrative boundaries of any oil or gas field. There are no oil, gas, or injection wells within the boundaries of the project. However, if excavation or grading operations uncover a previously unrecorded well, the DOGGR district office in Bakersfield must be notified; previously unrecorded wells may require remedial operations. Thank you for the opportunity to comment on the Negative Declaration. If you have any questions regarding our comments, please contact Min Chu at the Bakersfield district office. The address is 4800 Stockdale Highway, Suite 417, Bakersfield, CA 93309; phone (805) 322-4031. Jason Marshall Assistant Director cc: Min Chu Division of Oil, Gas, and Geothermal Resources, Bakersfield Linda Campion Division of Oil, Gas, and Geothermal Resources, Sacramento The Gas Comp February 9, 1999 City of Bakersfield '\~ '"~'~. _. ' Development Services Department 1715 Chester Avenue ~'~ Bakersfield, California 93301 Attention: Richard E. Dole Subject: General Plan Amendment and Zone Change P98-0976 Project Location: N Side Stockdale Hwy, W/O Arvin-Edison Canal This letter is not to be interpreted as a contractual commitment to serve this proposed project, but only as an information service. Its intent is to notify you that Southern California Gas Company has facilities in the area where this project is proposed. Gas service can be provided without significant impact on the environment fi.om an existing 4-inch gas main located in Stockdale Highway. At the time service is requested, Southern California Gas Company will request easements for any gas facilities installed in private property. Our costs are subject to change and customers might qualify for free footage allowances under the provisions of our extension roles. The service would be in accordance with our policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based on present conditions of gas supply and regulatory policies. As a public utility, Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federat regulatory agencies. Should these agencies take any action which affects gas supply or the condition under which service is available, gas service will be provided in accordance with revised conditions. When your project has final approval by the city or county engineer, please contact our area Planning Associate, Mike Bowling at (805) 393-0858. It may require up to 90 days to process your application for the installation of gas lines in your project. If you need assistance choosing the appropriate gas equipment for your project, or would like to discuss the most effective applications of energy efficiency techniques, please contact Mary Cornell in our Marketing Department at (559) 739-2240. Thank you for choosing natural gas, your best energy value. Sincerely, Louise Parham Pipeline Planning Assistant xc: Mike Bowling Mary Cornell 404 N. Tipton Sire AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 26th day of Auqust , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3922 , passed by the Bakersfield City Council at a meeting held on the 25th day of Auqust 1999 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-32 BY CHANGING THE ZONING OF 3.40 ACRES GENERALLY LOCATED BETWEEN THE KERN RIVER CANAL, ARVIN-EDISON CANAL AND STOCKDALE HIGHWAY FROM TO "A" (AGRICULTURE) TO "C-0" (PROFESSIONAL AND ADMINISTRATIVE OFFICE). Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield D~PL~-I'~Y City Clerk S:\DOCUMEN'GAOPOSTING August 26, 1999