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