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HomeMy WebLinkAboutRES NO 134-00RESOLUTION NO. 18 4 ' 0 0 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT P00-0477 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT AND CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on General Plan Amendment P00-0477 on MONDAY, SEPTEMBER 18, 2000 and THURSDAY, SEPTEMBER 21, 2000 of a proposed amendment to the Land Use Element and Circulation Element of the General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment P00-0477 of the proposed amendment to the Land Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P00-0477 Land Use Element - Land Use Element Amendments from: LR to GC on 1.29 acres, HMR to LR on 10.63 acres, GC to LR on 0.58 acres, GC to HMR on 2.66 acres, LR to HMR on 6.14 acres and OS to LR on 81.11 acres; and Circulation Element - Delete Vermillion Drive, as a collector, between Verdugo Lane and Allen Road, delete Old Farm Road (extended), as a collector, between the Kern River Freeway specific plan line and Stockdale Highway. Extend Jewetta Avenue, as a collector, between the Kern River Freeway specific plan line and Stockdale Highway; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration with mitigation was prepared; and WHEREAS, project site is located within the boundaries of GPNZC Nos. P96- 0521, P96-286 and P96-0287 for which an EIR was certified; and WHEREAS, many of the mitigation measures which were approved for GPA/ZC Nos. P96-0521, P96-286 and P96-0287 are applicable to GPA/ZC P00-0477; and ~)FqGtNAL WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 92-00 on September 21, 2000, the Planning Commission recommended approval and adoption of General Plan Amendment P00-0477 subject to conditions, mitigation measures listed in Exhibit "A" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, NOVEMBER 15, 2000 on the above described General Plan Amendment P00-0477 of the proposed amendment to the Land Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. The South of Brimhall Road EIR mitigation measures are applicable to this project. Mitigation Measures/Conditions of Approval shown on Exhibit "A" are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. 6. The proposed project is consistent with the Land Use Element. 7. The proposed project is consistent with the Circulation Element. 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 purpose of documenting significant effects, it is the conclusion of the Lead 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. 2 ORtGh~AL NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment P00-0477 is hereby approved and adopted. The report of the Planning Commission, including maps and all repods and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. The City Council hereby approves and adopts General Plan Amendment P00-0477 of the proposed amendment to the Land Use Element and the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located between Brimhall Road, Cross Valley Canal, Stockdale Highway, Calloway Drive and Allen Road, subject to conditions of approval/mitigation measures shown on Exhibit "A",. That General Plan Amendment P00-0477, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment and Circulation Element Amendment. ......... o0o ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on N~V 1_ 5 7.gg~] , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON. DEMOND. MAGGARD, COUCH, GREEN., SULLIVAN, SALVAGGIO COUNCILMEMBER I~O COUNCILMEMBER I~JOk.~ COUNCILMEMBER d rk of the Council of the City of Bakersfield APPROVED ;..!""J 15 BOB PRI~C~'~ MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ~/~ RD: October 4, 2000 S:\DOle\P00-0477%CC GPA Resolution.wpd EXHIBIT A General Plan Amendment and Zone Change P00-0477 Mitigation Measures/Conditions The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF), based upon the actual developed uses per the adopted Fee schedule, These fees have been established by Council as minimum mitigation for build out of the General Plan. Upon first subdivision or development of the property within the Concurrent GPA and zone change area, The subdivider/developer shall submit offers of dedication to City standard width for Allen Road, including expanded intersections, all as shown on the circulation element of the 2010 General Plan. A conceptual drainage study shall be submitted to and approved by the City Engineer. The drainage study should include, but not necessarily be limited to the proposed retention basin site(s) and size, and anticipated construction phasing. At the time of first development, subsequent more detailed studies shall be required to be submitted to and approved by the City Engineer. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). Necessary flowage/drainage easements as indicated in the approved drainage study shall be submitted to the City Engineer. Upon subdivision or development of property within the GPA and zone change area, a. Municipal sewer and water services shall be provided. The portion of the Allen Road Trunk Sewer within or adjacent to the Concurrent GPA and zone change area shall be constructed with the development of the first area within the Allen Road Trunk Sewer Service area. If the first subdivision or development of the property within the area within the Allen Road Trunk Sewer Service area is submitted prier to the completion of assessment district formation proceedings, then the developer shall make arrangements, satisfactory to the City Engineer, ensuring the subject property's financial participation in the district. Mainline extensions to provide services for future developmentJsubdivision shall be made. Pdor to first subdivision or development of the property within the Concurrent GPA and zone change area, a master concept proposal for providing municipal services shall be submitted to and approved by the City Engineer, (Sewer service exists along the Buena Vista Road alignment. However, the trunk sewer pipeline to be located in Allen Road will ultimately serve the area. Therefore, provisions will be made to allow the sewer to ultimately gravity flow to Allen ROad, but the Buena Vista line may be utilized on an interim basis until the Allen Road trunk system is completed. Fees will be paid to allow the area the use of the Buena Vista and Stockdale trunk sewers.) Exhibit "A" GPNZC P00-0477 ,Mitigation Measures Page 2 10. Access to artedals shall be limited subject to review upon development or subdivision. To reduce the project's contribution to the significant cumulative traffic impacts on intersections and roadway segments in the year. 2020, the following mitigation is required. Prior to the issuance of building permits, the project applicant shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The above fees shall be used to provide improvements to improve intersections and roadway segments to an acceptable level of service (LOS C). The following improvements are anticipated based on the fee program. Fully expand and signalize the 22 intersections listed in Table 5.3-2 in the Draft EIR per City of Bakersfield Standard Detail 'T4'. Widen the 49 roadway segments that are located on Table 5.3-3 to the lane configuration shown in Table 7 in Appendix D of the Draft E. I, R. Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). The construction of the proposed project would result in the generation of fugitive dust. Compliance with San Joaquin Valley Unified Air Pollution Control Distdct (SJVUAPCD) Regulation VIII would result in no significant fugitive dust emissions. To ensure compliance, the following measure shall be implemented. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII, The construction of the proposed project would include asphalt paving. Compliance with SJVUAPCD Rule 4641 would result in no significant ROG emissions. To ensure compliance, the following measure shall be implemented. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the measures that shall be completed during asphalt paving to comply with SJWAPCD Rule 4641. Exhibit "A" GPNZC P00-0477 Mitigation Measures Page 3 11. To reduce NOx emissions, the following measures shall be completed: The construction grading plans shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacture's specifications. The construction grading plans shall include a statement that work crews will shut off construction equipment when not in use. 12. The project applicant shall incorporate the following in building plans: Solar or low-emission water heater shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient low-sodium parking lot lights shall be used. 13. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, (CSUB) and to the City of Bakersfield Development Services Department. 14. Prior to recordation of tract maps, all abandoned oil wells shall be identified, tested for leakage, and, if necessary, re-abandoned in accordance with Department of Oil and Gas procedures to avoid potential gas migration impacts. 15. Prior to recordation of tract maps, all idle and producing oil wells on the project site shall be enclosed by block walls to reduce the potential for accidents, as required by local ordinance. 16. Prior to recordation of tract maps, the project applicant shall provide setbacks from idle and producing oil wells in accordance with the City's Municipal Code. The setbacks shall be a minimum of 100 feet for residences and a minimum of 300 feet for assembly, education, and institutional occupancies. 17. Prior to issuance of building permits, all oil contaminated soil shall be remediated to the satisfaction of the Local Unified Program Agency (The Office of Environmental Services- Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board, and/or the California Department of Toxic Substances Control. 18. The project applicant will be required to dedicate land, pay a fee in accordance with the park standard, or a combination of parkland dedication and payment of a fee. The project applicant will be required to dedicate for the entire EIR site approximately 24.08 acres of land for the entire 758 acre project area. Exhibit GPA/ZC P00-0477 Mitigation Measures Page 4 Public Works: Land Use Changes m Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Jewetta Avenue to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer, Submit a current title report with the dedication documents. Submit a comprehensive drainage study for approval by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. Submit a sewer study for approval by the City Engineer. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. m All other mitigation measures and conditions from the previous GPNZC P96-0286 (south of Brimhall) will apply. m Prepare plans to be approved by the City Engineer for the abandonment of the golf cart crossing under Calloway Drive. A master park plan for the entire project area (south of the Kern River Freeway between Allen Road and Calloway Drive) must be approved by the City prior to any tentative tract submittal within this same area. S:~ole\P00-0477~EXHIBIT A.wpd PLAN AMENDMEI EXHIBITe GENERAL NIT Poo_o477: ............ : ........ ......................................... (~R~MNAbL, - - ROAD -..r , lF- LR TO GC H~/R OS LR EXHIBIT B GENERAL PLAN AMENDMENT P00-0477 CIRCULATION ELEMENT ] PALM ~.'_"~=~.~._.~ ........L BRIMHALL ELIMINATE COLLECTOR OESIGNATIOI~ 0 800 SCAI..g IN FEET STOCKDALE HIGHWAY ELIMINATE KERN RIVER FREEWAY ADD DESIGNATll DR.