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HomeMy WebLinkAboutRES NO 19-90RESOLUTION NO. 19-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND ADOPTING THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN SUBJECT TO THE CHANGES REFLECTED IN EXHIBIT C. WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65351 of the Government Code, concluded its public hearings on October 24, 1989 to consider the Metropolitan Bakersfield 2010 General Plan, and by Resolution No. 41-89 recommended adoption to the City Council; and WHEREAS, the Metropolitan Bakersfield 2010 General Plan is described as follows: The Metropolitan Bakersfield 2010 General Plan encompasses an area of 408 square miles in Kern County, including the City of Bakersfield. The plan is a policy document designed to give long- range guidance to those making decisions affecting the character and future land uses in the Metropolitan Bakersfield planning area. It represents the official statement of the community's physical development as well as its economic, social and environmental growth. The Metropolitan 2010 General Plan gives an overall statement of purpose and organization of the document from which five separate objectives can be delineated as follows: To conform with Section 65300 of the California Planning and Zoning Law which requires cities and counties to adopt a comprehensive, long- term general plan for their development. To provide guidelines for decisions affecting the character and future land uses in the plan area. To provide an official statement of the communlty's physical development as well as its economic, social and environmental goals. To clarify and articulate local government's intention with respect to the rights and expectations of the general public, property owners and prospective investors and business interests. 5. To communicate what is expected of the private sector with respect to the plan; and WHEREAS, the Metropolitan Bakersfield 2010 General Plan is a joint City of Bakersfield/County of Kern General Plan for the Metropolitan Bakersfield area; and WHEREAS, the Bakersfield City Council, in accordance with the provisions of Government Code Section 65351, held public hearings on December 14, December 27, 1989, and January 24, 1990 to consider the Metropolitan Bakersfield 2010 General Plan; and WHEREAS, the Kern County Airport Land Use Commission (ALUC) has found the Metropolitan Bakersfield 2010 General Plan to be consistent with Airports Land Use Plan (ALUP), if the fol- lowing changes are incorporated into the plan: 1. Existing land use or zoning in the area bounded by Norris Road, North Chester Avenue, Airport Drive, and Roberts Lane be established as the General Plan land use density designation, rather than increasing the intensity of residential use in this area. Document should include strong policy statement to maintain the protection provided by the Intensive Agriculture designation at the north end of the runways.. 3. Goals and policies should be added to the document to ensure that airports are protected from incompatible land uses. 4. The Casa Loma Specific Plan should be reflected in the 2010 General Plan; and WHEREAS, the Metropolitan Bakersfield 2010 General Plan responds to the Kern County Airport Land Use Commission suggested changes as follows: Approval of the project in no way increase the poten- tial of the planned land use southeast of the airport beyond that designated on the County's current adopted Land Use Element. The area in question southeast of Meadows Field is largely developed with a mixture of single-family residences and apartments. A significant intensifi- cation of development is very unlikely. The area on the north end of Meadows Field's runways is designated Intensive Agriculture and strong policy exists within the text to protect all prime agric- ultural land from conversion to urban development. -2- 4. Policy has been added to the text to protect all the airports from incompatible land use development. 5. The Casa Loma Specific Plan was incorporated as is into the Metropolitan Bakersfield 2010 General Plan. Policies of the 2010 Plan are designed to control development incorporating the appropriate standards to assure compliance with adopted noise standard. WHEREAS, the plan recommended for approval by the City Council incorporates responses to input received at public hearings; and WHEREAS, the Kern County Board of Supervisors conducted a public hearing on February 5, 1990 to consider public input; and WHEREAS, the Kern County Board of Supervisors in response to public input and staff recommendations adopted Resolution 90-091 on February 5, 1990 recommending changes to the plan and adoption by the City Council; and WHEREAS for the above-described plan, an initial study was conducted and it was determined that the proposed project could have a significant effect on the environment; and WHEREAS an Environmental Impact Report was prepared and considered for certification by the Planning Commission and Planning Advisory Committee; and WHEREAS by Resolution No. 42-89, on October 24, 1989, the Planning Commission/Planning Advisory Committee recommended certification of the Final Environmental Impact Report; and WHEREAS by Resolution No. 204-89, on December 14, 1989, the City Council certified the Final Environmental Impact Report; and WHEREAS by Resolution No. 90-091, on February 5, 1990 the Kern County Board of Supervisors recommended certification of the Final Environmental Impact Report; and WHEREAS tile rules and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in the California Environmental Quality Act (CEQA) and City of Bakersfield Resolution 107-86 have been duly followed. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct. 2. All required public notices have been given. -3- 3. The proposed general plan adequately addresses Kern County Airport Land Use Commission concerns. 4. Findings required by the California Environmental Quality Act (CEQA) and displayed in Appendix A (attached) are hereby incorporated by reference. 5. Specifically identified benefits of the Metropolitan Bakersfield 2010 General Plan as a comprehensive planning document outweigh the unavoidable adverse environmental impacts identified in the Final Environmental Impact Report. A statement of overriding considerations as set forth in Exhibit B (attached) is hereby adopted as part of project approval. 6. The Draft Metropolitan Bakersfield 2010 General Plan, with proposed revisions as shown in the October 1989 version rec- ommended by the Planning Commission and Planning Advisory Committee and changes made by this Council in the course of the public hearing on said Plan, as reflected in Exhibit "C", and mitigation measures as set forth in Exhibit A, is hereby adopted. .......... 000 .......... - 4 - I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield on MAR ? 1990 , by the following vote: AYES: COUNCILMEMBERS; EDWARDS, DeMOND, SMITH, BRUI, INI PETERSON, McDERMOtt', SALVAGGIO NOES: COUNCILMEMBERS: ~A/~ ' ABSENT COUNCILMEMBERS: /~o~ ABSTAIN: COUNCILMEMSERS ~OA,'~' CITY CLERK and E~-~0~ficlo ~lerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. S~n~'~IEI~D CITY ATTORNE~ of the~ity of Bakersfield pjt r/rcc2010 EXHIBIT A IMPACFS, MITIGATION ~3~%~RES AND REQUIRED FINDINGS The California Environmental Quality Act (Guideline Section 15091) requires that no public agency approve a project for which an Environmental I~pact Report (EIR) has been completed which identifies o~e or more significant environ-mental effects of the project unless the agency makes written findings for each of those significant effects, accompanied by a brief explanation of the rational for each finding. The possible findings are listed as follows: ae Changes or alterations have been required, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Be Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and shouldbe adopted by such agency. C. Specific economic, social, or other considerations mke infeasible the miti- gation measures or project's alternatives identified in the Final EIR. In the following table, each environmental effect (impact) in need of mitigation is listed, followed by the appropriate mitigation and a delineation of the find- ing which applies (A, B, or C above). Following each impact is the page number of the Final EIR where a full discussion of impact can be found. Mitigation measures are numbered for reference purposes. SLYMARY OF PROJE[~ IMPACTS MITIGATION MEASLrRES AND REQUIRED FINDINGS IMPACTS MITIGATION FINDINGS Biological Resources Implementation of the proposed General Plan will extend urban devel- opment into locations where sensitive plants/ animals are known to occur. (2-213) 1) The City and County will A continue to develop and implement the Habitat (]onservation Plan. 2) Consideration of using the Kern Water Bank for the preservation of habitat areas. 3) Restriction of access to habitat areas by creation of a native trail along the Kern River. Exhibit; Impacts, Mitigation Measures and Required Findings Page 2 October 1989 IMPACreS MITIGATION FINDINGS Agricultural Soils I~olementation of the pro- posed General Plan will result in the loss of existing agricultural uses. ( 2-245 ) 4) 5) 6) 7) 8) 9) 10) Continually updating the data base on the extent of prime agricultural soils in the planning area. Designating prime agricul- tural land categories and zoning these areas for agricultural usage. Providing public information on economic incentives avail- able to aid in the preser- vation of agricultural land. The Land Use Map allows con- version of agricultural land to the extend that is incon- sistent with goals, policies and objectives of the Soils and Agricultural Element. The plan should be revised in one of two w~ys as follows: (a) All agricultural areas should be designated R-1A, R-EA, or (b) revise the language of general plan such that pre- servation of agricultural land is not an overriding goal. Consideration of the Soil Conservation Service's class- fication system as a tool in setting priorities for oon- serving farmland. The plan should encourage the infilling of the existing urban area, include small parcels of farmland that have become surrounded by urban uses. To reduce potential conflicts with agricultural/urban uses, Land Use should be modified to permit extension of urban growth to that involving contiguous parcels. A A,C A A A A A Exhibit; Impacts, Mitigatio~ Measures and B~quired Findings Page 3 October 1989 Agricultural Soils (continued) Air Quality I~plementation of the General Plan will result in an increase in popu- lar ion/development. This increase will have signi- ficant adverse impacts on air quality. (2-281) Aesthetics n) 12) MITIGATION The consideration of an ordinance establishing the transference of development rights and the establishment of a means to purchase land for a land trust, or other methods of preservation. Preparation of soils, erosion and sedimentation report for those areas identified as highly erodiblebySoils Cc~- servation Service. 13) Implement the Transportation System Management program for Metropolitan Bakersfield. 14) Promote mixed land uses and centers concept. 15) Disperse urban service centers. 16) Require dust abatement measures during grading. 17) Promote Level of Service "C" quality of traffic flow. 18) Promote logical growth patterns. Development in accordance 19) with General Plan will con- vert open space to urban uses for approximately 70 square miles in the plan area. (2-294) 20) Adopt Hillside Management Ordinance to regulate devel- opment in the northeast foothills. Utilize redevelopment techniques to assemble land parcels and provide open space in the urban area. FINDINGS A A A A A,C A A A A A 21 ) Implement the Kern River Plan. A Exhibit; Impacts, Mitigation Measures and Required Findings Page 4 October 1989 IMPACTS Aesthetics (continued) Geologic Hazards Ultimate build-out of the plan will expose additional persons to groundshaking hazards which exist region- wide. ( 2-305 ) 22) 23) 24) 25) 26) 27) 29) 30) MITIGATION Consider water recharge area for open space Rezone abandoned landfill areas and resource extraction sites as open space or resource use. Hillside ordinance to be pre- dicated on acceptable densities depending on the severity of the slope. Incorporate lands in the Habitat Conservation Plan into the planning areas open space network. Investigate the feasibility of scenic route designations in the planning area. Ensure projects along the Kern River conduct a view- shed analysis to mitigate disruption of public views. Establish an architectural design review component in the zoning ordinance or building permit process. The 2010 plan proposes 39 programs which protect the general public from geologic hazards. Conduct geotechnical review and/or literature review to establish recency of the Deepwell, Edison East, Edison West, Elk Hills, Jasmine, Mt. Poso, McVan, and Pleito Thurst Fault. Data to be incorporated into planning, zoning and site plan review processes. FINDINGS A A A A A A A A A E~d%ibit; Impacts, Mitigation Measures and Required Findings Page 5 October 1989 Geologic Hazards continued ) Nozse Ii~01ementation of 2010 Plan will result in a general increase in noise levels. (2-323) MITIGATION 31) 32) 33) Document areas subject to earth- quake induced landslides may pose a problem and include these areas on the Geologic Hazards Map. Clarify whether the deve- lopment and nl~intenance of evacuation plans for critical facilities is required or merely encouraged in damn inundation areas. Conduct necessary subsurface investigation and/or literature review to more accurately document areas where potential liquefaction could occur. 35) 36) 37) 39) Noise attenuation measures will be required in subdivisions where a significant noise impact is projected to exist. Noise attenuation measures along state highways will be actively pursued. Noise attenuation measures along rail lines will be pursued. Exterior and interior noise standard attainment will be enforced for all new residential development. The city will consider noise control and abatement. Noise control measures will be incorporated in conditions of approval for cc~mercial, industrial and loud recreational sources. FINDINGS A A A A A A A A A Exhibit; Impacts, Mitigation Measures and Required Findings Page 6 October 1989 IMPACTS Noise (~ontinued) Cultural and Historic Potential loss of cultural and historic resources. (2-46) p/sr2010a 40) 41 ) MITIGATION Noise performance standards will be placed on C~r~ercial and and industrial operations in close proximity to residential development. Develop Historical Resources Element for City of Bakersfield. A A,C EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS The Metropolitan Bakersfield 2010 General Plan provides comprehensive policies which assist in urban growth management in the metropolitan area. The plan provides for diverse housing opportunities, supportive infra- structure, and conservation of local resources through a cooperative planning effort between local agencies. The balancing of community values which can occur under the 2010 Plan as a comprehensive planning document out- weigh the unavoidable adverse environmental effects. EXHIBIT C Council approved changes to the Metropolitan Bakersfield 2010 General Plan policy document and associated maps. Originator of change is shown in parenthesis (i.e. City Council (CC), Kern County Board of Supervisors (B.O.S.), staff (S)). CHAPTER I - INTRODUCTION Page I-2, third paragraph - Change 405 square miles to 408 square miles. (S) CHAPTER II - LAND USE ELEMENT Page II-2, second paragraph - Change 259,200 acres to 261,120 acres. (S) Page II-3, Table II-1 - Change Agriculture/Open Space acreage from 195,533 to 197,453. (S) Change total project area from 259,200 acres (405 square miles) to 261,120 acres (408 square miles). (S) Page II-12, - Reword first paragraph under BASIC PRINCIPLES FOR DEVELOPMENT OF PERIPHERAL AREAS as follows: New development on the periphery of urban Bakersfield will be focused in three (3) new mixed use activity centers located in the southwest, northwest and northeast. It is expected that the southwest center would include a mix of professional office and retail uses, moderate density residential, and would filter outwards to lower suburban-type densities. Although depicted in Figure II-3 in policy concept form, actual land use designations for the southwest center and the area around it will be determined through a more detailed land use and environmental analysis. In depth analysis of the southwest center is warranted due to its growth potential and its related impacts, impact on prime agricultural lands, and potential to impact the Kern River corridor resource. ~e northwest center will contain retail commercial, light industrial, moderate and high density residential, and will be surrounded by low and estate resi- dential densities. The center in the northeast will include retail commercial, professional office, moderate and high density residential, and will filter outwards to lower densities. The plan encourages that each center: (a) focus on a major open space amenity, such as a park or water body; (b) link land uses to the Kern River where possible; and (c) exhibit pedestrian sensitivity with appropriate design applied to encourage pedestrian activity. In addition to these three activity centers, peripheral development will be focused in smaller community centers, such as in the Greenfield and Lamont areas, with local-serving commercial services and residential uses. (S) Exhibit C Page 2 Page II-14, - add footnote wording after first sentence fol- lowing *as follows: Includes assumption of development of southwest center referenced in figure II-3. Page II-30, add Policy #84 - Word as follows: In the County, all residential developments that provide com- plete public infrastructure improvements including community water distribution and sewage collection and treatment systems may be permitted a density increase up to 20 percent. All land division activities shall be consistent with this provision (I-l). (B.O.S.) LAND USE ELEMENT MAP CHANGES - Figure II-2 - Change LR to GC for that property located at the southwest corner of White Lane and Old River Road, LR to GC for that property located at the northeast corner of Pacheco and Buena Vista, LR to HMR for that property on Pacheco east of Buena Vista northeast of the P.G.&E. pipeline easement, HMR to LR for the property on the northwest and southwest corner of the easterly extension of an unnamed proposed street and Old River Road, LR to HMR for the triangular property located on the west side of Old River Road at the intersection of the Buena Vista canal, and LR to LMR on the property at the southeast intersection of Mountain Vista Drive and White Lane. - Change the LR designation to GC at the northwest corner of Rosedale Highway and Calloway Drive south of the tower lines and east of the LI. (CC) - Change the D2 designation to LR south of 20th Street to the alley, between "A" Street and "B" Street. Change D2 to HR for the area north of 18th Street to the alley north of 19th Street, between "A" and "B" Streets. Change D2 to HR for the area south of 20th Street to the alley, between "B" Street and "C" Street and for the area south of 18th Street to the alley, between "A" Street and "C" Street. (CC) - Change the GC designation to HMR south of Columbus Street at its intersection with Wenatchee Avenue. (CC) - Approve SR for the area located 1/4 mile north of Rosedale Hwy., 1/2 mile west of Nord Road. (B.O.S.) - Change HR to OC for the lots adjacent to the south side of Loustalot Lane, east and west of Haybert Court. (CC) - Change HMR to GC for the area located at 12312 Main Street (in Lamont). This area is located approximately 3/8 of a mile north of Houghton Road, on the west side of Weedpatch Highway. (CC) - Change all the ER to RR located in the NW/4 of Section 19, T31S, R28E, M.D.B.&M. (B.O.S.) Exhibit C Page 3 CHAPTER III CIRCULATION ELEMENT Page III-13, second paragraph under COLLECTORS - Delete "... with volumes less than 80 percent of capacity." Place period after the word "better". (CC) Reword last sentence as follows: "On streets where the existing level of service is below "C", special consideration to identify mitigation measures to prevent and/or delay degra- dation of the existing level of service would be required." (CC) Page III-18, Policy #30 - Add the following words after the word "expressway": ... and an east-west freeway (178) are ... (B.O.S.) Page III-19, Policy #36 - Change the wording following the phrase "...or when the existing level of service is below "C", to read as follows: ...prevent where possible further degradation due to new development or expansion of existing development with a three part mitigation program: adjacent right-of-way dedication, access improvements and/or an area- wide impact fee. The area-wide impact fee would be used where the physical changes for mitigation are not possible due to existing development and/or the mitigation measure is part of a larger project, such as freeways, which will be built at a later date. (CC) Page III-25, add Policy #13 - Support efforts to develop high-speed rail facilities to service the plan area (1-12). (B.O.S.) Page III-26, add Implementation #12 - Local agencies should cooperate in studies to pursue the establishment of high- speed rail service for the plan area, including potential routes and terminal locations. (B.O.S.) Page III-38, add Implementation Measure #5 - Consider the use of avigation easements for discretionary projects to provide for orderly development and as a means of preventing new noise and safety impacts. (B.O.S.) CIRCULATION ELEMENT MAP CHANGES - Figure III-6 - Remove collector designation for street shown east of Old River Road, north of Camino Media. (CC) - T28S R27E (B.O.S) Section 30: Remove secondary alignment parallel to and east of State Route 99 in the SE/4. It connects too close to a major highway intersection. Exhibit C Page 4 Section 30: Provide secondary alignment along the west sec- tion line in the SW/4 to provide continuation parallel to and west of State Route 99 beyond plan limit. Section 36: Correct connection of North Chester Extension/ James Road to reflect actual intersection. - T29S R25E (B.O~S.) Section 26: Delete east/west midsection secondary. - T29S R26E (B.O.,S.) Section 10: North/south midsection secondary truncates at Olive Drive, not Santa Fe Way. - T29S R27E (B.O.S.) Section 4: Show Golden State Road as a secondary and extend to Seventh Standard Road. Section 7: Secondary in northeast quadrant should curve to stay away from canals. Section 10: Golden State Road should be shown as secondary. Section 11: Olive Drive should be a major. Section 12: Relocate secondary in lower portion of section to Decatur Street, north of canal. - T29S R28E (B.O.S) Section 7: Add an east/west to north/south secondary loop in the northeast quadrant. Section 7: Connect southern secondary to Roberts Lane/Manor Street interchange. Section 8 and 9:: Add east/west to north/south secondary loop from southern portion to Section 9 midsection line. Sections 34, 35, and 36: Show Edison Highway as major. Section 36: North/south to east/west secondary in northeast quadrant should curve to avoid substation at midsection. - T29S R29E (B.O.S.) Section 5: Correct substandard curve alignment for east/west secondary. Exhibit C Page 5 Section 21: East/west secondary between Edison Road and Comanche Drive shown on Breckenridge Hills Specific Plan but not on 2010. Sections 29 and 32: Delete north/south midsection secondary (not shown on Breckenridge Hills Specific Plan). Section 31: Show Edison Highway as major. Section 36: Relocate north line secondary south and contour below hill. - T30S R25E (B.O.S.) Sections 25 and 30: Reduce south line major to secondary and do not extend west of Section 30. - T30S R26E (B.O.S) Section 30: Reduce south line major to secondary and curve to connect to west line secondary. - T30S R28E (B.O.S) Sections 15 and 16: Correct White Lane/Muller Road alignment. Section 16: Washington Street return to midsection line at south line too severe to meet design standards. Section 17: Show north/south deviation from midsection line to accommodate runway in accordance with Casa Loma Specific Plan. T30S R29E (B.O.S) Section 3: Show secondaries on north and west lines in accordance with Breckenridge Hills Specific Plan. - T31S R28E (B.O.S) Section 6: Delete major along south line and replace with secondary along south line of SE/4. Major and secondary alignments extending to Interstate 5, where there are no bridge crossings, should be eliminated. Exhibit C Page 6 CHAPTER V - CONSERVATION ELEMENT Page V-35 - The first sentence of the last full paragraph on that page should be changed to read: Planning for compliance with the federal/state ambient air quality standards has been assigned to the Air Pollution Control District (APCD), who, with the assistance of the Kern Council of Governments (Kern COG), prepares the Nonattainment Area Plan/State Attainment Plan (NAP/AAP) for the San Joaquin Valley Air Basin. (B.O.S.) Page V-38, add Policy #29 - Encourage the use of "teleconferencing" and other state-of-the-art technology as a means of reducing daily business related traffic (I-4). (B.O.S.) CHAPTER VIII - SAFETY ELEMENT Page VIII-35 - Delete Policy #1. (CC) Reword Policy #2 to read as follows: "Establish and maintain standards with regard to Implementation item #3 on Page VIII-37 (I-l, I--2, I-3)." (CC) Renumber policies appropriately. (CC) Page VIII-37 - Reword Implementation item #1 to read as follows: "City funding of Police and Fire operations and maintenance costs will be provided through City General Fund Tax Revenues." (CC) Reword Implementation item #2 to read as follows: Funding for Police and Fire equipment and facilities will be facili- tated through bond issues and/or development fees and/or land dedications and/or assessment districts. (CC) CHAPTER X - PUBLIC SERVICES AND FACILITIES ELEMENT Page X-9, Figure X-4 - Update to show current water purveyor service areas. (S) Page X-12 - The Urban Water Management Plan (1985), by I.D.4 will be included as an appendix to the 2010 General Plan. (B.O.S.) prepared Reword Implementation #2 to read as follows: "Implement the Urban Water Management Plan prepared by I.D.4 (1985) (see appendices). (B.O.S.) Exhibit C Page 7 Page X-32, first paragraph - Reword as follows: "Solid waste collection services (residential and commercial) are provided within the city by the City Sanitation Division and con- tracted private haulers and in the unincorporated area by a county franchise hauler. All solid waste generated in the area is disposed of in county-operated landfills." (S) CHAPTER XI PARKS ELEMENT Page XI-8, Policy #3 - Reword as follows: "Require develop- ers to dedicated land, provide improvements and/or in-lieu fees to serve the needs of the population in newly developing areas (I-l)." (B.O.S.) APPENDICES Add the following appendices: F. Urban Water Management Plan prepared by I.D.4 (1985). (B.O.S) G. Kern County Zoning Consistency Matrix (B.O.S.) p/2010ec