HomeMy WebLinkAboutRES NO 016-01RESOLUTION NO. 0 1 R- 0 I
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT P00-0468 OF PROPOSED
AMENDMENT TO THE LAND USE 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
MONDAY, DECEMBER 18, and THURSDAY, DECEMBER 21, 2000, on General Plan
Amendment P00-0468 of a proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, notice of the time and place of hearing having been given at
least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, General Plan Amendment P00-0468 such of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
General Plan Amendment P00-0468
Castle & Cooke California, Inc. has requested an amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan consisting of a
change from HMR (High Medium Density Residential) to LMR (Low Medium
Density Residential) on 27.91 acres located along the north side of Ming Avenues
(extended) and the west side of Buena Vista Road;
and
WHEREAS, for the above-described project, an Initial Study was conducted and
it was determined that the proposed project would not have a significant effect on the
environment and a Negative Declaration with mitigation was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set fodh 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. 132-00 on December 21, 2000, the Planning
Commission recommended approval and adoption of General Plan Amendment P00-0468
subject to conditions and 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,
ORIGINAL
February 14, 2001 on the above described General Plan Amendment P00-0468 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice
of time and place of the hearing having been given at least ten (10) calendar days before the
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been given.
The provisions of the California Environmental Quality Act have been
followed.
3, The proposed project will not have a significant effect on the environment.
4, The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
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.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
1. The above recitals and findings incorporated herein, are true and correct.
The Negative Declaration for General Plan Amendment P00-0468 is
hereby approved and adopted.
The report of the Planning Commission, including maps and all reports
and papers relevant thereto, transmitted by the Secretary of the Planning
Commission to the City Council, is hereby received, accepted and
approved.
The City Council hereby approves and adopts General Plan Amendment
P00-0468 of the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan, constituting changes as
2
ORIGINAL
shown on the map marked Exhibit "B", attached hereto and incorporated
as though fully set forth, for property generally located a~ong the north
side of Ming Avenues (extended) and the west side of Buena Vista Road,
subject to Mitigation Measures/Conditions of Approval shown on Exhibit
That Genera~ Plan Amendment P00-0468, approved herein, be combined
with other approved cases described in separate resolutions, to form a
single Land Use Element Amendment.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted bvthe
Council of the City of Bakersfield at a regular meeting thereof held on FEE 1~
2001
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER ~
CITY CLERK and Ex Offic~ Clerk of the
Council of the City of Bakersfield
APPROVED FEB 1.,¢ 7001
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By: ~~-'"'--~
RD:
S:\Dole\P00-0468\CC GPA Resolution.wpd
January 22, 2001 (2:26PM)
oRtGINAL.
EXHIBiT"A"
Mitigation Measures
ORIGINAL
EXHIBIT "A"
MITIGATION MEASURES AND CONDITIONS OF APPROVAL
General Plan Amendment P00-0468
Buena Vista-Kern River Ranch EIR Mitigation Measures
Applicable to General Plan Amendment/Zone Change P00-0468
MITIGATION MEASURES
Public Health and Safety
Aaricultural Use of Prooertv/Adiacent Properties
5.3-1
Prior to issuance of any grading permit, the project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues which may be present
within the project sites. Should contaminant levels be in excess of acceptable Federal,
State and/or County levels, the project applicant shall identify and implement remedial
action, subject to approval by the City of Bakersfield and responsible regulatory
agencies to reduce contaminants to acceptable levels.
Oil Fields
5.3-3 a
Pursuant to the Division of Oil, Gas and Geothermal Resources, active wells and
associated equipment within the project area shall be enclosed by an eight-foot block
wall, with barbed wire on the inside at the seven-foot level. Appropriate gates shall be
installed and climbable landscaping around the perimeter of the facility shall be
avoided. The inside grade of the facility shall be constructed so that potential spillage
will be confined to the enclosure. Improvements are the responsibility of the project
applicant/developer.
5.3-3b
Sufficient access to the existing and abandoned wells shall be maintained in order for
the Division of Gas, Oil and Geothermal Resources (Division) to investigate the
condition of the wellheads and check for leakage. If any reabandonments are
required, the Division shall furnish necessary specifications to the property owner.
5.3-3c
If any abandoned or unrecorded wells are uncovered, or damaged during excavation
or grading activities, remedial plugging operations pursuant to Division of Gas, Oil and
Geothermal Resources requirements would be required.
5.3-3d
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 California Department of Toxic Substances
Control.
Exhibit A
GPA P00-0468
Page 2
Valley Fever
5.3-5
At the initial construction meeting prior to grading activities, all construction workers
must be informed as to the symptoms of Valley Fever.
Aesthetics/Light and Glare
Traffic and Circulation
Trip Generation and Distribution
Prior to the issuance of building permits, the project applicant(s)shall comply with the
Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants
shall participate in the improvements required on a pro-rata fair-share basis as
provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-
RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental
Traffic Impact Study for Buena Vista &Kern River Ranch Cumulative Impact, dated
June 1997.
To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch
project traffic volumes, the above referenced fees shall be used to provide the
following improvements:
Intersection Improvements
Rosedale Hiahwav and Renfro Road: add eastbound through lane and
westbound through lane (LOS C);
Rosedale Hiahwav and Fruitvale Drive: add southbound left turn lane and
southbound right turn lane (LOS C);
Brimhall Road and Allen Road: add eastbound left turn lane, westbound left turn
lane, northbound through lane, and southbound through lane (LOS C);
Brimhall Road and Callowav Drive: add southbound right turn lane (LOS C);
Stockdale Hiahwav and Heath Road: provide exclusive turn lanes for southbound
approach (LOS B);
Stockdale Hiahwav and Renfro Road: add eastbound lane (LOS C);
Stockdale Hi,qhwa¥ and Allen Road: add northbound left turn lane, northbound
through lane, southbound left Turn lane, southbound through lane, eastbound
left turn lane, eastbound right turn lane, and westbound left turn lane (LOS C);
Stockdale Hiahwav and Buena Vista Road: add westbound left turn lane and
eastbound right turn lane (LOS C);
Kern River Ranch Entrance #1 and Buena Vista Road: add eastbound left turn
lane, eastbound right turn lane, northbound left turn lane, and southbound right
turn lane (with Kern River Ranch)(LOS B);
Deer Peak Drive and Buena Vista Road: add northbound through lane,
southbound through lane and southbound left turn lane (LOS B);
Mina Avenue and Allen Road: add westbound left turn lane, northbound right
turn lane, and two southbound left turn lanes (LOS B);
Mina Avenue and Buena Vista Road: full expansion per City of Bakersfield~s~A~'¢~
Standard Detail T-4 (LOS C); o
Exhibit A
GPA P00-0468
Page 3
Ming Avenue and Ashe Road: add northbound left turn lane (LOS C);
Chamber Boulevard and Buena Vista Road: provide two left turn lanes/one
through lane/one right turn lane for eastbound approach, one left turn lane/one
through lane/one right turn lane for westbound approach, one left turn lane/two
through lanes/one right turn lane for northbound approach, and one left turn
lane/two through lanes/one right turn lane for southbound approach (with Buena
Vista)(LOS C);
White Lane and Buena Vista Road: add two eastbound left turn lanes,
eastbound right turn lane, northbound through lane, northbound right turn lane,
southbound left turn lane, southbound through lane, and southbound right turn
lane (LOS C); and
Panama Lane and Gosford Road: add northbound left and southbound left (LOS
A).
Segment Improvements
· Rosedale Hiahwav (Callowav Drive to Fruitvale Avenue): widen to six lanes (LOS A);
Brimhall Road (Jewetta Road to Callowav Road): widen to four lanes (LOS A);
Stockdale Highway (Buena Vista Road to Old River Road): widen to six lanes
(LOS A);
Stockdale Hiohwav (Gosford Road to Ashe Road): widen to six lanes (LOS A);
Stockdale Hiahwav {Real Road to Wible Road): widen to six lanes (LOS A);
Ming Avenue (Allen Road to Buena Vista Road): widen to four lanes (LOS B);
Taft Hiahwav (Buena Vista Road to Old River Road): widen to four lanes (LOS A);
Allen Road (Hageman Road to Rosed~le Hiahw~y): widen to four lanes (LOS A);
Allen Road (Rosedale Hiahway to Stockdale Highway): widen to four lanes (LOS C);
Allen Road ~Stockdale Hiqhway to Ming Avenue): widen to four lanes (LOS C);
Buena Vista Road (Stockdale Hiahway to Mina Avenue): widen to six lanes/add
median (LOS A);
Buena Vista Road (Mina Avenue to White Lane): widen to six lanes/add median
(LOS B);
Buena Vista Road (White Lane to Pacheco): widen to four lanes (LOS A); and
Gosford Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A).
Traffic $ianal Warrant
5.5-2a
The applicant(s) shall participate in the improvements required on a pro-rata fair-share
basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION
PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental
Traffic Impact Study for Buena Vista &Kern River Ranch Cumulative Impact, dated June
1997.
To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are
projected to be required at the following intersections and the above referenced fees shall
be used to provide the following improvements:
· Stockdale Highway and Heath Road;
· Stockdale Highway and Renfro Road: .~- r~
Exhibit A
GPA P00-0468
Page 4
Kern River Ranch Entrance #1 and Buena Vista Road;
Deer Peak Drive and Buena Vista Road;
Chamber Boulevard and Buena Vista Road;
Pacheco Road and Gosford Road; and
Ming Avenue and Allen Road.
5.5-2 b The traffic signals required as a result of the proposed project shall include an interconnect
of the signals to function in a coordinated system with existing and planned signals.
Noise
Lonq-Term Noise impacts
5.6-2a
To reduce significant traffic noise impacts to below 65 dBA CNEL at proposed
residential locations adjacent to collector and arterial roadways, the project applicant(s)
shall incorporate sound barriers, along cited roadways. Since lot design and grading
plans are not yet available, the exact height and location of barriers cannot be
accurately determined at this time. However, barriers (i. e., berms, sound walls) between
six and eight feet may be required to reduce noise levels to acceptable levels.
5.6-2b
Prior to the issuance of a building permit for the proposed commercial uses, the project
applicant shall demonstrate that project commercial noise source impacts on nearby
residences are below those indicated in the City's hourly noise level performance
standards. To demonstrate commercial noise source impacts are below the City's
standards, the project applicant may need to include project design features such as
setbacks, barriers, building location/orientation, acoustical design of buildings, etc.
Air Quality
Short-Term impacts
5.7-1 a
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 in order to comply with SJVUAPCD
Regulation VIII.
5.7-1 b
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 SJUAPCD stating the measures that shall be
completed during asphalt paving in order to comply with SJVUAPCD Rule 4641.
5.7-1 c The construction grading plans shall include a statement that all construction equipment
shall be tuned and maintained in accordance with the manufacture's specifications.
5.7-1 d
The construction grading plans shall include a statement that work crews shall shut off
construction equipment when not in use.
Exhibit A
GPA P00-0468
Page 5
Long-Term Impacts
5.7-2 The project applicant shall incorporate the following in building plans:
Solar or Iow-emission water heater shall be used.
Central water heating systems shall be used.
Double-paned glass shall be used in all windows.
Energy efficient Iow-sodium parking lot lights shall be used.
One (1) bicycle rack shall be provided in each of the proposed commercial areas.
Cumulative impacts
5.7-4
Mitigation measures beyond those contained in applicable plans and policies would be
implemented on a project-by-project basis. No additional mitigation measures are
required.
Biological Resources
Sensitive Resources
5.8-1 a
Prior to the issuance of a grading permits, the project proponents shall comply with all
appropriate terms and conditions of the MBHCP to the City. The MBHCP requires
certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines
regarding tracking and excavation shall be followed to prevent entrapment cf kit fox in
dens. Specific measures during the construction phase of the project shall be
implemented and include the following:
A preconstruction survey shall be conducted prior to site grading to search for
native kit fox dens (specifically tracking shall be conducted at the potential
active den located in the southeastern portion of the Kern River Ranch project
site).
All pipes, culverts or similar structures with a diameter of four inches or
greater shall be kept capped to prevent entry of kit fox. If they are not capped
or otherwise covered, they shall be inspected daily prior to burial or closure to
ensure no kit foxes, or other protected species, become entrapped.
Excavations shall either be constructed with escape ramps or be covered to
prevent entrapment. Or the site(s) could be protected during construction,
such as with a wildlife exclusion fence, which would eliminate the possibility of
ranging animals from being harmed during construction.
All food, garbage, and plastic shall be dispose of in closed containers and
regularly removed from the site to minimize attracting ranging kit fox or other
animals.
With the exception of Swainson's hawk (see following mitigation measure), impacts to special status
species on the project site are covered under the terms and conditions of the MBHCP and
associated Implementing Agreement. The compensation and avoidance requirements of
the MBHCP and buffer zones proposed as part of this project are consistent and follow an . ~,K~.~,,~
ecosystem management approach for endangered species, and provide adequate ~ ~
compensation of the Swainson's hawk and all other potentially occurring special-status species:
Oi~IGINAL
Exhibit A
GPA P00-0468
Page 6
5.8-1 b Prior to issuance of grading permit(s), the project applicant(s) shall comply with the
following raptor nest mitigation requirements:
If grading is proposed to occur during the raptor nesting season (February
through September), a focused survey for raptor nests shall be conducted by
a qualified raptor biologist prior to grading activities in order to identify active
nests in areas potentially impacted by project implementation.
If construction is proposed to take place during the raptor nesting/breeding
season (February through September), no construction activity shall take
place within 500 feet of an active nest until the young have fledged (as
determined by a qualified raptor biologist). Trees containing nests that must
be removed as a result of project implementation shall be removed during the
non-breeding
season (October through January).
Cultural Resources
Palenotologv
If archeological or paleontological resources are discovered during excavation and grading
activities on-site, the contractor shall stop all work and the developer shall retain a qualified
archeologist to evaluate the significance of the finding and appropriate course of action.
Salvage operation requirements in Appendix K of the California Environmental Quality Act
Guidelines shall be followed and the treatment of discovered Native American remains
shall comply with State codes regulations of the Native American Heritage Commission.
Archaeoloav
5.9-2 b
An archaeological monitor shall be present at CA-KER-3962 during any subsurface
construction activities. If significant cultural resources are discovered during monitoring,
more testing or data recovery may be required.
5.9-2 d
Should human remains be discovered at any time on any portion of the project, work shall
halt and the coroner be notified immediately (Section 7050.5 of the Health and Safety
Code). In the absence of an archaeological monitor, a qualified archaeologist and the local
Native American community, shall also be notified.
PUBLIC WORKS CONDITIONS OF APPROVAL
CONDITIONS
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 Ming Avenue and Buena Vista Road to ~.Et~l
standards for the full frontages of the area within the GPA request. Dedic~(Yr~s~
include sufficient widths for expanded intersections and additional areas f~r
Exhibit A
GPA P00-0468
Page 7
landscaping as directed by the City Engineer. Submit a current title report with the
dedication documents.
Submit a comprehensive drainage study to be submitted to and approved 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. The comprehensive drainage study
may be submitted prior to or concurrently with the improvement plans.
Upon development or division, the following conditions shall be met:
The ultimate drainage facilities shall be constructed in accordance with approved
drainage study.
installation of street lights shall be of the type and wattage as indicated in the revised
Engineering and Subdivision Design Manual, or as approved by the City Engineer.
Access to either of the arterial streets, Ming Avenue or Buena Vista Road, 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.
KERN COUNTY SUPERINTENDENT OF SCHOOLS CONDITION OF APPROVAL
School impact fees shall be paid as follows: residential permits issued within this district are subject
to this alternative fee of $2.14, plus the Kern High School District's share of statutory fees of $2.05,
or $.72 per square foot.
RED
s :dole'~o00-0468\Exhibit A
EXHIBIT "B"
Maps
EXHIBIT B
GENERAL PLAN AMENDMENT
P00-0468
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