HomeMy WebLinkAboutRES NO 055-01RESOLUTION NO. 0 5 5 ' 0 ~[i
RESOLUTION MAKING FINDINGS ADOPTING A NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT NO. P01-0014 OF PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN. (Ward4)
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,
MARCH 12, 2001, and THURSDAY, MARCH 15, 2001, on the proposed General Plan Amendment
No. P01-0014 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 twenty (20)
calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper
of general circulation; and
WHEREAS, such GPA P01-0014 of the proposed amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. P01-0014:
Castle and Cooke California, Inc. has applied to amend the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Open Space-Parks to Low Density
Residential and from Low Medium Density Residential to Open
Space-Parks designation, located generally along the north side of
White Lane to approximately 1,500 feet north of Ming Avenue,
between Buena Vista Road and Allen 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 therefore, a Negative Declaration was prepared for the project in accordance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the laws 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. 30-01 on March 15, 2001, the Planning Commission
recommended approval and adoption of Generel Plan Amendment No. P01-0014 subject to
conditions and mitigation measures listed in Exhibit "A" and this Council has fully considered the
findings 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,
APRIL 25, 2001, on the above described General Plan Amendment No. P01-0014 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
O~INAL
WHEREAS, the Council has considered the proposed project and hereby makes the
following findings:
The above recitals and findings are true and correct and constitute the Findings of
the Council, incorporated herein.
2. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
Based on the Initial Study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment, A Negative
Declaration was advertised and posted on February g, 2001, in accordance with
CEQA.
That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
That the Negative Declaration for General Plan Amendment No. P01-0014 was
recommended for approval by the Planning Commission.
That this project was the subject of a Negative Declaration and the entire
environmental record is hereby adopted and incorporated herein by reference.
That the requested General Plan Amendment P01-0014 to amend the Metropolitan
Bakersfield 2010 General Plan was recommended for approval by the Planning
Commission from OS-P (Open Space-Parks) to LR (Low Density Residential) on
4.20 acres and from LMR (Low Medium Density Residential) to OS-P on 2.38 acres
with mitigation measures and conditions of approval for the project.
That the infrastructure exists or can easily be provided to accommodate the types
of density and intensity of the proposed development.
10.
The proposed location for the Open Space-Parks designation is more logically
located to the people this park is proposed to serve.
11.
The proposed Open Space-Parks designation is located adjacent to a future local
government facility.
12.
The public necessity, general welfare and good zoning practice justify the
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General
Plan.
13.
The proposed amendment to the Land Use Element is consistent with the
Metropolitan Bakersfield 2010 General Plan.
14.
The proposed amendment to the Land Use Element is compatible with the existing
and land use designations.
Page 2
;,J{itGINAL
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 No. P01-0014 is hereby
approved and adopted.
The repod 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 P01-0014
of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting of a change from Open Space - Parks to
Low Density Residential on 4.20 acres and from Low Medium Density Residential
to Open Space - Parks on 2.38 acres, as shown on the map marked Exhibit "B",
attached hereto and incorporated as though fully set forth, for property generally
located along the north side of White Lane to approximately 1,500 feet north of Ming
Avenue, between Buena Vista Road and Allen Road, subject to conditions of
approval shown on Exhibit "A".
That General Plan Amendment No. P01-0014, approved herein, be combined with
other approved cases described in separate resolutions, to form a single
Amendment to the Metropolitan Bakersfield 2010 General Plan.
......... O00 ........
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 APR 2
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Officio q~erk of the
Council of the City of Bakersfield
MORE SIGNATURES ON NEXT PAGE
Page 3
APPROVED _JtPR g~ Z001
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ III
Deputy City Attorney II
MO:
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Page 4
EXHIBIT "A"
GPA NO. P01-0014
MITIGATION MEASURES
Public Health and Safety
Aqricultural Use of Property/Adjacent Properties
Prior to issuance of any grading permit, the project applicant shall perform soil tests to
determine concentrations of pesticide and fungicide residues which may be present within
the project 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
5.3-3a
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 re-abandonments 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.
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.
Traffic and Circulation
Trip Generation and Distribution
5.5-1
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
Exhibit "A"
GPA No. P01-0014
Page 2
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 Hiqhway and Renfro Road: add eastbound through lane and westbound
through lane (LOS C);
Rosedale Hiqhwa¥ and Fruitvale Avenue: 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 Callowa¥ Drive: add southbound right turn lane (LOS C);
Stockdale Hiqhwa¥ and Heath Road: provide exclusive turn lanes for southbound
approach (LOS B);
Stockdale Highway and Renfro Road: add eastbound lane (LOS C);
Stockdale Highway and Allen Road: add northbound left turn lane, nodhbound
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 Hiqhwa¥ 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);
Min.q Avenue and Allen Road: add westbound left turn lane, northbound right turn
lane, and two southbound left turn lanes (LOS B);
Min.q Avenue and Buena Vista Road: full expansion per City of Bakersfield's
Standard Detail T-4 (LOS C);
Min.q 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
Exhibit "A"
GPA No. P01-0014
Page 3
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 Hiqhway (Calloway Drive to Fruitvale Avenue): widen to six lanes (LOS
A);
Brimhall Road (Jewetta Road to Calloway Road): widen to four lanes (LOS A);
Stockdale Hiqhway (Buena Vista Road to Old River Road): widen to six lanes (LOS
A);
Stockdale Highway (Gosford Road to Ashe Road): widen to six lanes (LOS A);
Stockdale Hiqhway (Real Road to Wible Road): widen to six lanes (LOS A);
Minq Avenue (Allen Road to Buena Vista Road): widen to four lanes (LOS B);
Taft Highway (Buena Vista Road to Old River Road): widen to four lanes (LOS A);
Allen Road (Haqeman Road to Rosedale Hif:lhway): widen to four lanes (LOS A);
Allen Road (Rosedale Highway to Stockdale Highway): widen to four lanes (LOS C);
Allen Road (Stockdale Highway to Minf:l Avenue): widen to four lanes (LOS C);
Buena Vista Road (Stockdale Highway to Minq Avenue): widen to six lanes/add
median (LOS A);
Buena Vista Road (Minq Avenue to White Lane): widen to six lanes/add median
(LOS B);
Buena Vista Road (White Lane to Pacheco Road): widen to four lanes (LOS A); and
Gosford Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A).
Traffic Siqnal Warrant
5.52a The applicant(s) shall participate in the improvements requirad on a pro-rata fair-share basis
as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-
RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic
Impact Study for Buena Vista & Kern River Ranch Cumulative Impact dated June 1997.
To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are projected
to be required at the following intersections and the above referenced fees shall be used to provide
the following improvements:
Stockdale Highway and Heath Road;
Stockdale Highway and Renfro Road;
Kern River Ranch Entrance #1 and Buena Vista Road;
Deer Peak Drive and Buena Vista Road;
Chamber Boulevard and Buena Vista Road;
Pacheco Road and Gosford Road; and
Ming Avenue and Allen Road.
Exhibit "A"
GPA No. P01-0014
Page 4
5.52b 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 CNI=L 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.
Air Quality
Short-Term Impacts
5.7-1a
Prior to the approval of a grading plan for any residential tract, and multiple family 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.
5.7-1b
Prior to the approval of a grading plan for any residential tract, and multiple family 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.
5.7-1c The construction grading plans shall include a statement that all construction equipment
shall be tuned and maintained in accordance with the manufacture's specifications.
5.7-1d The construction grading plans shall include a statement that work crews shall shut off
construction equipment when not in use.
Lonq-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 shalt be used.
Double-paned glass shalt be used in all windows.
Energy efficient Iow-sodium parking lot lights shall be used.
Exhibit "A"
GPA No. P01-0014
Page 5
Cumulative Impacts
5.7-4 Mitigation measures beyond those contained in applicable plans and policies would be
implemented on a project-by-project basis.
Biological Resources
Sensitive Resources
5.8-1a 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 of kit fox in dens. Specific
measures during the construction phase of the project shall be implemented and include
the following:
A preconstruction survey shall be conducted prior to site grading to search for native
kit fox dens.
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 disposed of in closed containers and regularly
removed from the site to minimize attracting ranging kit fox or other animals.
With the exception of Swainson's hawk (see following mitigation measure), impacts to special-status
species on the project site are covered under the terms and conditions of the MBHCP and
associated Implementing Agreement. The compensation and avoidance requirements of the
MBHCP and buffer zones proposed as part of this project are consistent and follow an ecosystem
management approach for endangered species, and provide adequate compensation of the
Swainson's hawk and ail other potentially occurring special-status species.
5.8-1 b Prior to issuance of grading permit(s), the project applicant(s) shall comply with the following
raptor nest mitigation requirements:
Exhibit "A"
GPA No. P01-0014
Page 6
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).
5.8-1d The presence of any previously unidentified protected species which are not addressed in
the MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should
be avoided and evaluated by a qualified biologist prior to construction. The United States
Fish & Wildlife Service (USFWS)and California Department of Fish & Game (CDFG) should
be notified of previously unreported protected species. Any unanticipated take of protected
wildlife shall be reported immediately to the CDFG and USFWS.
Cultural Resources
Paleontolo~ly
5.9-1
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.
Archaeoloqy
5.9-2b 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.
5.9-2d 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.
Exhibit "A"
GPA No. P01-0014
Page 7
Public Services and Utilities
Schools
5.10-3a
Prior to the issuance of a building permit for any residence within the project area,
the applicant shall submit fees to the Kern County High School District ($0.72) and
Panama-Buena Vista Union School District ($1.75) in the amount of $2.47 per
square foot of assessable space (as defined in Section 65995 of the Government
Code) for each such residence. This amount shall increase in even numbered years
according to the adjustment for inflation determined by the State Allocation Board
for Class B construction. Payment would not be required to a district which has
certified in writing that alternative mitigation measures have been undertaken with
respect to the project to adequately address school overcrowding.
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GENERAL PLAN AMENDMENT P01-0014
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STOCKDALE HIGH SCHOOL
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