Loading...
HomeMy WebLinkAboutRES NO 37-81RESOLUTION NO. 37-81 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING THAT IT HAS REVIEWED, EVALUATED AND CONSIDERED THE INFORMATION CONTAINED IN THE FINAL EIR FOR A PROPOSED GENERAL PLAN AMENDMENT (SEGMENT 1 OF PROPOSED LAND USE ELEMENT AMENDMENT 1-81), MAKING FINDINGS, AND CERTIFYING THAT SAID FINAL EIR HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA, THE STATE EIR GUIDELINES, AND COUNCIL RESO- LUTION NO. 60-80. WHEREAS, it is proposed that an amendment be made to the Land Use Amendment of the Bakersfield Metropolitan Area General Plan (BMAGP) on 18.86 acres of undeveloped land known as Segment I, by Gannon and Wattenbarger, bounded by Manor Street on the East, the Kern Island Canal on the South and West, and on the North by a contiguous portion of the Kern River Floodplain. WHEREAS, the project sponsors are proposing a 60-1ot single family residential subdivision requiring the following specific amendments: and 11.4 acres located within the secondary floodplain of the Kern River and bounded on the South by the Kern River Levee and Bikeway from Open Space to Low Density Residential. 7.46 acres located South of the Kern River Levee and Bikeway from Medium Density Residential to Low.Density Residential; WHEREAS, a Draft Environmental Impact Report on said project was prepared by the City of Bakersfield under contract with a consultant, circulated and distributed in accordance with the requirement of law and applicable regulations, the distribution list being included in the Final Evironmental Impact Report; and WHEREAS, a duly noticed public hearing was held and conducted by and before the City of Bakersfield Planning Commission in accordance with the procedures required by Council Resolution No. 60-80 on April 2, 1981, at which hearing the public was entitled to comment upon the Draft Environmental Impact Report; and WHEREAS, the City has responded in writing to all significant points raised by the public and private agencies and individuals in the review and public hearing process, and the Final Environmental Impact Report, comments and recommendations received on the Draft Environmental Impact Report, a list of persons or organizations and public agencies commenting on the draft and the responses of the City as aforesaid was completed by the Development Services Department and placed on the Agenda of the Meeting of the Planning Commission on May 7, 1981, for evaluation and consideration by said Commission; and WHEREAS, THE CITY OF BAKERSFIELD PLANNING COMMISSION, on the basis of the Gannon/Wattenbarger General Plan Amendment EIR identified a number of significant or potentially significant effects associated with the approval of the recommended Land Use Element Amendment; and WHEREAS, the California Environmental Quality Act requires one or more of the following findings as to each significant effect: and (1) (2) (3) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identified in the Final EIR. 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 should be adopted by such other agency. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR; WHEREAS, such findings are supported by substantial evidence in the record summarized for each identified significant or potentially significant effect, below, accompanied by a statement of the facts supporting each finding: VISUAL/AESTHETICS: The open, natural landscape as viewed from the Kern River Bikeway, Manor Street and surrounding vistas of the Kern River Bluffs and Panorama Loop will be replaced by urban development. Findings and Application: Finding (1), above, applies to the entire existing 18.86 acres. However, the present Land Use Element designation for Medium Density Residential would allow a future conversion to urban use for 7.46 acres located South of the Kern River Levee. Supporting Facts: Finding (1), above consider tree plantings along the East project boundary to screen residents from the view of Manor Street traffic. Consider screening (vegetational or structural) to buffer view from Kern River Bikeway to be relocated on North property boundary with levee. Limit multi-story units to the interior of the project and underground all utilities, in- cluding electric lines and cables. The above mitigation shall be applied in the form of con- ditions to the approval of development plans (i.e., subdivision, planned unit development). TOPOGRAPHY: Development will require + 100,000 cubic yards of fill material to raise The site an average 3.5 feet for a one-foot clearance above the secondary floodplain as required by the Bakersfield Zoning Ordinance and the Federal Emergency Management Agency (FEMA). Findings and Application: None of the above findings apply. However, since the Environmental Impact Report suggests no mitigation because the action is necessary to provide an adequate site for construction of the project, the City of Bakersfield Planning Commission and the Council of the City of Bakersfield find the effect acceptable for the issuance of a Statement of Overriding Consideration under CEQA, Section 15089. Supporting Facts: The topographic change inherent in the project is necessary for the health, safety and welfare of future residents. This provides the basis for issuance of a Statement of Over- riding Consideration. GEOLOGY/SEISMICITY: Recognition of groundshaking potential from regional events and possible local events (China Zone Fault is less than one mile from the site). Potential liquefaction from com- bined groundshaking and high water table (within six to nine feet of natural ground surface) co- incident with Kern River and adjacent unlined canals (Kern Island Canal branches). Findings and Application: Finding (1), above, applies to the entire 18.86 acres of the project. Supporting Facts: Apply normal Uniform Building Code restrictions for Zone 4 (Bakersfield area)'. Site specific structural and soil engineering will be required as part of the conditions for approval of'any subdivision, planned unit development or other permit for development of the proposal and a maximum 60 housing units to ensure that future residents and their homes are afforded an equal degree of protection from seismic activity as provided generally throughout the City of Bakers- field. SOILS: The introduction of fill material will degrade the surface soil water holding capacity. Findings and Application: Finding (1), above, applies to the entire project. Supporting Facts: By incorporating a well-de- veloped top soil within the upper two feet, in- cluding a water restricting layer and a planted vegetative cover, the material and its water holding capacity can be stabilized and maintained. HYDROLOGY: The removal of 10 to 12 acres of secondary floodplain and floodstream storage capacity will have a slight effect on the overall capacity of the Kern River floodplain. Runoff from the site could further degrade Kern River water for domestic use treatment. Findings and Application: Finding (1), above, applies to both identified project effects. Supporting Facts: The City of Bakersfield Build- ing Inspector may issue a permit authorized by the State Board of Reclamation for placement of fill material in the secondary floodplain provided the developer demonstrates compliance with permit requirements. A site specific drainage plan and engineering report will be required as a condition to approval of subdivision or other development permit. FLORA: The project will result in the total loss of existing natural flora. Potential escape of ornamental vegetation into natural environment and flora. Findings and Application: None of the above find- ings apply. The City of Bakersfield Planning Com- mission and the Council of the City of Bakers- field find the effect acceptable for the issu- ance of a Statement of Overriding Consideration under CEQA, Section 15089. Supporting Facts: The loss of natural flora is inherent in the conversion of natural open space to urban use. Consideration may be given to re- quiring the planting of native vegetation only to prevent the "escape" of ornamentals into the natural flora and wildlife habitat. FAUNA: (1) Existing wildlife will be either de- stroyed or removed and the habitat will be de- stroyed. Domestic animals will create predation pressure on local wildlife. Evidence also shows the possibliity of kit fox, a rare and endangered species, habitat on the site. (2) The project represents incremental loss of wildlife habitat in floodplain areas. Findings and Application: None of the above find- ings apply to (1), above as to the loss of small animal wildlife and habitat. The City of Bakers- field Planning Commission and the Council of the City of Bakersfield find the effect accept- able for the issuance of a Statement of Overriding Consideration under CEQA, Section 15089. Fences shall be constructed to confine unattended domestic animals out of the natural faunal habitat as part of the condition to approval of subdivision and/or other development and construction permits. Recently discovered den sites which may provide habitat for the kit fox should be hand excavated under the supervision of a qualified wildlife biologist prior to the introduction of heavy equipment to the site. This requirement may be a condition to approval of subdivision or other development plans. Finding (3) applies to item (2), above. Supporting Facts: Incremental loss of wildlife habitat is a regional problem requiring the ac- quisition of wildlife preserves (Item (2), above). NOISE: Sixty decibel (dB) noise on average day/ night (Ldn) scale attributed to traffic on Manor Street intrudes into much of the site. This level of noise is considered sensitive for residential land use. Sixty-five dB affects potential homes adjacent to Manor Street. Projected future traffic volumes (ADT) raising noise levels are not avail- able. Findings and Application: Finding (1), above, applies to the area affected by 60 dB or greater (approximately 50 percent of the site and po- tential units if uniformly distributed). Supporting Facts: Consideration may be given to requiring the developer to construct a 6- to 7- foot high wall along the Manor Street roadway thereby reducing the noise effect by a potential 10 dB. However, if future noise were to reach 70 dB and intrude into the area presently affected by 65 dB, normal constructionwould mitigate up to 25 dB thereby allowing an acceptable interior noise level of 45 dB as influenced by outside sources. Review of building plans should take into con- sideration noise production potential and plans should be prepared that minimize openings toward Manor Street (doors, windows) for the first tier of units along the East boundary. LAND USE: An increase of 148 percent area for urban development with a potential reduction of up to 52 units. The Low Density Residential uses will result in the loss of 11.4 acres currently designated as Open Space which may normally be used for agriculture, recreation or as vacant, undeveloped land. Findings and Application: Finding (1) may be applied to partially offset the loss of Open Space if acceptable to all entities; however, Finding (3) may also be applied. Supporting Facts: The clustering of units may be used to incorporate Open Space and reduce the amount of land used for residential development. This would likely result in higher density to achieve the same or similar unit yield which is more consistent with Draft Housing Element identified housing needs for low and/or moderate income housing in the central area if units are so priced. However, in support of Finding (3), the applicant finds it to his interest to construct $85,000 - $140,000 homes on approximately 60 lots. It may be infeasible under present marketing conditions and provision of the necessary miti- gation to project effects for the applicant to revise plans and projected sales program. CIRCULATION/TRAFFIC: A preliminary review has not uncovered records of established legal access to the site adequate for private development purposes consistent with the proposed intensity of use and City of Bakersfield local street standards. Po- tential conflicts (impacts) also exist for ingress and egress off Manor Street, a high speed and high volume arterial. Additional potential conflicts (impacts) could exist involving both pedestrian and bicycle access from project to Manor Street. Findings and Application: Finding (1) applies to the entire project whereby several alternative mitigation are proposed to address the legal access question and potential ingress/egress, bicyclist and pedestrian conflicts. Supporting Facts: In order to assure proper and legal access to the site for the intended uses, the standards and specifications of the Bakers- field Subdivision Ordinance and Public Works Department shall apply in the review of sub- division and/or other development plans submitted for approval. In order to provide safer bicyclist and pedestrian access from the project to Columbus Street and other Southbound destinations, a plan shall be submitted by the applicant for review and approval by the Public Works Department, permitting such access to and through existing streets (other than Manor Street) and/or the proposed Kern River Bikeway Commuter route. PUBLIC SERVICES - FIRE: No fire suppression system has been developed in the area. Findings and Application: Finding (1) applies to the entire project area. Supporting Facts: Require the developer to pro- vide a water system capable of delivering 1,000 gallons per minute at each hydrant specified as a condition to approval of subdivision or other development plans. PUBLIC SERVICES - SCHOOLS: Potential impact of up to 23 additional students at Longfellow Elementary School. Findings and Application: Finding (2) applies to the entire project site. The Bakersfield City School District may consider any of the following mitigation alternatives if classroom space becomes a problem: Provide additional staff and classroom space at Longfellow Elementary School. Realign service area boundaries, if feasible (NOTE: This alternative assumes available staff and classroom capacity elsewhere). Establish a new Elementary School in this area for project and other resi- dential development potential in North Central Bakersfield. and PUBLIC SERVICES - RECREATION: Project will shorten the bike path by 200 feet and reduce the aesthetic potential for users in terms of South viewshed and other changes effected by urban development (e.g., noise, air quality factors, wildlife appreciation) over the natural environment. The existing culvert or tunnel passing under Manor Street is a possible option for access under the roadway for an alter- nate (recreational) bicycle route to Hart Park as proposed by the Kern County Council of Govern- ments. Findings and Application: Finding (1) applies to the North side of the property in terms of aesthetics. Supporting Facts: Consider requiring the developer to provide a visual, vegetational screen shielding the proposed development from Bikeway users along the South margin of the relocated bike path; WHEREAS, the City of Bakersfield Planning Commission, on the basis of the Findings and Statement of Facts, has determined that the significant environmental effects raised in the EIR have been eliminated or substantially lessened and that any remaining, unavoidable significant effects have been found acceptable on the basis of specific economic, social or other considerations, in- cluding those described for a Statement of Overriding Consider- ation, making additional mitigation or alternatives to the project infeasible and that no significant adverse environmental effects will result from modifications and additions recommended by the Planning Commission provided the project is conditioned upon zoning, subdivision or other development permit to not exceed 60 residential units on 18.86 acres; and WHEREAS, at its regular meeting on May 7, 1981, the Planning Commission, after consideration of the Final EIR and related documents, adopted its Resolution No. 20-81, recommending to the City Council that the Final EIR be certified as completed in compliance with CEQA, the State EIR Guidelines, and City Council Resolution No. 60-80. NOW, THEREFORE, THE CITY COUNCIL HEREBY DETERMINES, FINDS AND RESOLVES AS FOLLOWS: 1. The above recitals are true and correct. 2. That the Final EIR dated April 1981, including City Responses to Comments as an appended document, has been reviewed, evaluated and considered by the City Council. 3. That the Final EIR, consisting of the Draft EIR (dated February 1981), the Responses to Comments (dated April 1981), and this Resolution have been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines, and City Council Resolution No. 60-80. 4. That the said Final EIR is an accurate and objective discussion of the proposed project and adequately discusses and describes the environmental considerations and mitigation measures. 5. That the various alternatives to the project, including "no project", have been considered in the Final EIR. 6. That in consideration of the above statements and findings, the City Council certifies that the Final EIR is, with appended material, complete and in compliance with the California Environmental Quality Act, the State EIR Guidelines and City of Bakersfield Resolution 60-80. 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 the 17th day of June, 1981, by the following vote: ABSENT: COUNCILMEN: ~ ' ' CITY x/Officio Clerk of CL Council of the City of Bakersfield the