Loading...
HomeMy WebLinkAboutRES NO 15-81RESOLUTION RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD DECLARING THAT IT HAS REVIEWED, EVALUATED, AND CONSIDERED THE INFO~4ATION CONTAINED IN THE FINAL EIR FOR A PROPOSED BAKERSFIELD AIRPARK AREA GENERAL PLAN AMENDMENT, MAKING FINDINGS, AND CERTIFYING THAT SAID FINAL EIR HAS BEEN COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THE STATE EIR GUIDELINES AND CITY COUNCIL RESOLUTION NO. 60-80. WHEREAS, it is proposed that certain Land Use Amendments be made to the Bakersfield Metropolitan Area General Plan (BMAGP) Land Use Element within the 1.6 square mile BAKERSFIELD AIRPARK area; and WHEREAS, the City had proposed the following specific amend- ments to various developed and undeveloped acreage: 15.7 acres at the Northeast corner of Planz Road and Madison Street from Low Density Residential to Industrial (DEIR Area 2) 107.2 acres in the Northeast and Southeast portions of Section 17, Township 30 South, Range 28 East, from Low Density Residential to Open Space (DEIR Area 4a) 3.6 acres at the Southwest corner of Planz Road and Madison Street, from Low Density Residential to Open Space (DEIR Area 6a) 34.8 acres near the Southwest corner of Planz Road and Madison Street, from Low Density Resi- dential to Industrial (DEIR Areas 6b and 6c) 26.9 acres near the Northwest corner of Watts Drive and Madison Street, from Low Density Resi- dential to Industrial (DEIR Area 10b) 49.3 acres at the Southwest corner of Casa Loma Drive and South Union Avenue, from Low Density Residential to Industrial (DEIR Areas 12a and 12b) 4.0 acres at the Northwest corner of South Union Avenue and Ethrum Avenue, from Low Density Resi- dential to Industrial (DEIR Area 13) 69.8 acres on the West side of South Union Ave- nue, from Ethrum Avenue to Planz Road, from Low Density Residential to Industrial (DEIR Area 16) WHEREAS, the Planning Commission, at the continued regular meeting on January 7, 1981, in response to concerns expressed at the public hearing on the proposed Land Use Element Amendments revised the following proposed specific amendments: and 15.7 acres at the Northeast corner of Planz Road and Madison Street to 13..9 acres conforming to' existing parcel' boundaries from Low Density Residential to Industrial use. 26.9 acres near the Northwest corner of Watts Drive and Madison Street to 37.6 acres conforming to proposed parcel boundaries from Low Density Residential to Industrial use. 4.0 acres at the Northwest corner of South Union Avenue and Ethrum Avenue to 3.2 acres as a result of recomputing acreage figures and extending the area to Elliott Street conforming to existing parcel boundaries from Low Density Residential to Industrial and added 1.7 acres located at the North- west corner of Watts Drive and Madison Street from Low Density Residential to Commercial. WHEREAS, a Draft Environmental Impact Report on the original proposal was prepared by the City of Bakersfield Development Services Department, circulated and distributed in accordance with the requirement of law and applicable regulations, the distri- bution list being included in the Final Environmental Impact Report; and WHEREAS, public and/or private agencies and/or individuals submitted written comments on the Draft Environmental Impact Report, as listed in the Final Environmental 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 City Resolution 60-80, on December 3, 1980, at which hearing the public was entitled to ..... comment-- on 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, consisting of the Draft Environmental Impact Report, comments and recommendations received on the Draft Environ- mental Impact Report, including 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 Regular Meeting of the Planning Commission on December 17, 1980, and continued to January 7, 1981 for evaluation and consideration by said Commission; and WHEREAS, the City of Bakersfield Planning Commission, on the basis of the Bakersfield Airpark Land Use Plan EIR identifies a number of significant or potentially significant effects associ- ated with the approval of the recommended Land Use Element amend- ment; and WHEREAS, the California Environmental Quality Act requires one or more of the following findings as to each significant effect: (1) (2) Changes or alterations have been required in, or incorporated into, the project which miti- gate or avoid the significant environmental effects thereof as identified in the Final EIR. Such changes or alterations are within the re- sponsibility 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. (3) Specific economic, social, or other consider- ations make infeasible the mitigation measures or project alternatives identified in the ....... Final EIR; and 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: A. SOILS: Heavy industrial or commercial uses, ex- ceeding allowable soil pressure limitations de- scribed in the EIR, may experience subsidence. All uses within the 'Grangeville-Hesperia Soil Association have a high limitation for untreated steel pipe. Findings and Application: Finding (1), above, applies to Areas 6b, c and amended Area 10b identified in the EIR, Map 2 and Table 3 and this Resolution comprising 74.1 acres in the City of Bakersfield. Finding (2) applies to amended Area 2 comprising 13.9 acres in the County of Kern and Areas 12a, b, 16, and amended Area 13 identified in the EIR and this Resolution comprising 122.3 acres largely developed West of South Union Avenue in the County of Kern. Supporting Facts: Finding (1) applies to Light Manufacturing uses according to M-1 Zone with site-specific soil testing for acceptable foun- dation loadings and appropriate mitigation in allowed use, design or construction. Finding (2) applies to areas governed by the County of Kern. Mitigation similar to that cited for Finding (1) can be and should be applied by that agency. AIR QUALITY: Certain industrial uses could present air quality problems as indicated in'the referenced Bakersfield Airpark Expansion Draft EIR. Findings and Application: Finding (1) applies to Areas 6b, c and 10b identified in the EIR comprising 72.4 acres in the City of Bakers- field. Finding (2) applies to amended Area 2 comprising 13.9 acres in the County of Kern and Areas 12a, b, 16, and amended Area 13 comprising 122.3 acres in the County of Kern. Supporting Facts: Finding (1) applies to Air Pollution Control District permit review process in accordance with AQMP/NAP. Finding (2) ap- plies to areas governed by the County of Kern. Mitigation similar to that cited for Finding (1) can be and should be applied by that agency. GEOLOGY/SEISMOLOGY: In the event of massive flooding probable only in the event of the failure of Lake Isabella Dam, industrial ac- tivities using volatile materials, chemicals, and/or other toxic substances Could cause off- site problems and/or hamper rescue and cleanup operations. Subsidence has been experienced during the 1926-1970 period (1-2 feet). Findings and Application: Finding (1) applies tO same 61.7 acres identified in the EIR within the City of Bakersfield. Finding (2) applies to amended Area 2 comprising 15.7 acres and remaining 123.1 acres' identified in the 'EIR within the County of Kern. 'Support~ing Facts:' Finding (1) applies in the application of. emergency procedures to secure hazardous substances'. Require as condition for project approvals in accordance with 'Kern County Health Department, Agricultural Com- missioner and City Fire Marshall requirements. Finding (2) applies to areas governed by the County of Kern. Mitigation similar to that cited for Finding ('1) can be and should be applied by that agency. Continue recharge of Kern River water and monitoring water with- drawal as subsidence mitigation. FLORA AND FAUNA: Loss of natural and agri- cultural vegetation and wildlife due to urban- ization. Findings and Application: Finding (1) applies to Area 6a as identified in the EIR, Map 2 and Table 3, comprising 3.6 acres in the City of Bakersfield. Finding (2) applies to Area 4 comprising 107.2 acres in the County of Kern. Finding (3) applies to the 61.7 acres (Areas 6b, c and 10b) in the City of Bakersfield and to 19.0 acres (amended Area 2 and Area 12b) of vacant, undeveloped land in the County of Kern. Supporting Facts: Finding (1) applies to the designation of Open Space which may allow con- tinued natural flora and fauna. Finding (2) applies to the same designation recognizing that continued agricultural use would maintain present flora and fauna while recreational Open Space would represent an alteration to current conditions which may tend to reduce natural flora and fauna. Finding (3) applies to other considerations making mitigation infeasible. Since the present land use " element designates urban development for these areas, the proposed action will allow property owners reasonable expectations for their property while removing potential adverse noise effects upon future homes and residents. LAND USE: Resulting changes in future land use from residential to industrial and commer- cial uses may have secondary and cumulative impacts including but not limited to traffic, noise, reduced safety, lighting, glare, aesthetic loss and other temporary nuisances during construction. Findings and Application: Finding (1) applies to same 74.1 acres identified in the EIR and this Resolution within the City of Bakersfield. Finding (2) applies to amended Area 2 comprising 13.9 acres and remaining 122.3 acres identi- fied in the EIR and this Resolution within the County of Kern. Supporting Facts: Finding (1) applies to Light Manufacturing and Commercial Zone uses combined with "'D" Overlay Zone to provide necessary site specific project review with respect to impacts 'on adjacent or nearby residential properties. Also, upon the application of a specific project request, in- cluding parcel mapping for industrial sites, require the preparation of a Specific Plan as outlined in theEIR Addendum, Page iii, to be coordinated with the County of Kern. Finding (2) applies to areas governed by the County of Kern. Mitigation similar to that cited for Finding (1), including the application of a PD (Precise Development) and overall recommen- dation for the consideration of an M-1-PD Zone on Area 2 and an M-2-PD Zone to the 122.3 acres located West of South Union Avenue in the County of Kern. Such PD review is recom- mended for new projects because of the sensi- tivity of safety concerns around the Airpark, including existing residential areas. WATER SUPPLY: Existing water systems are inadequate for the intensity of development inherent in the Land Use Plan. Findings and Application: Finding (1) applies to same 74.1 acres identified in the EIR and this Resolution within the City of Bakersfield. Finding (2) applies to amended Area 2 and Area 12b (3.3 acres) in the County of Kern and to any redevelopment of existing industrial zoned (M-2) properties to more intensive use requiring additional water supply (approxi- mately 120 acres) in the County of Kern West of South Union Avenue. Supporting Facts: Finding (1) City Planning and Municipal Water Departments require each development project proposed to provide neces- sary water supply and distribution according to purveyor (California Water Service Company) and City Fire Department requirements. Finding (2) applies to areas governed by the County of Kern. Mitigation similar to that supporting Finding (1) can be applied by the County of Kern. It is recommended that water supply for the study area be an item addressed in the preparation of a Specific Plan. SEWER SERVICE: The existing sewer collection system is inadequate for the proposed additional development inherent in the Land Use Plan. Findings and Applications: Finding (1) applies to same 74.1 acres identified in the EIR and this Resolution within the City of Bakersfield. Finding (2) applies to amended Area 2 and Area 12b (3.3 acres) in the County of Kern and to any redevelopment of existing industrial zoned (M-2) properties to more intensive use requiring additional collection capacity in the County of Kern, West of South Union Avenue. SupportingF~a~ct.s=: Finding (1) would apply to City requiring each development project to provide 'necessary added sewage 'collection capacity· Finding (2) applies 'to areas governed by the 'County of Kern. .Mitigation similar to that supporting Finding (1) can be applied by County of Kern. It is 'recommended that sewage collection for the 'study area be an item addressed in the preparation of a Specific Plan. STORM DRAINAGE: The existing storm drainage capacity is inadequate for full development as proposed. Findings and Applications: Finding (1) applies to the same 74.1 acres identified in the EIR and this Resolution within the City of Bakersfield. Finding (2) applies to amended Area 2 and Area 12b (3.3 acres) and any redevelopment of existing industrial zoned (M-2) properties to more intensive use requiring added collection and percolation capacity in the County of Kern, West of South Union Avenue. Supporting Facts: Finding (1) would apply to City requiring each development project to provide necessary additional storm water collection and disposal capacity or capability. Finding (2) applies to areas governed by the County of Kern. Mitigation similar to that supporting Finding (1) can be applied by County of Kern. It is recommended that storm drainage plans prepared for both areas East and West of South Union Avenue be integrated with any Specific Plan project for the area. AESTHETICS: The proposed Land Use Plan, if implemented, will result in the loss of rural and open space land due to urbanization. Findings and Application: Some of the adversities of urban development upon the aesthetic environ- ment cannot be mitigated. Other effects, however, can be mitigated and are therefore addressed in the following findings: Finding (1) applies to same 74.1 acres identified in the EIR and this Resolution within the City of Bakersfield. Finding (2) applies to amended Area 2 in the County of Kern. In addition to this, approximately 120 acres developed to industrial and other urban uses within the M-2 Zone are recommended to be combined with the PD (Precise Development) Zone to allow for aesthetic considerations as properties are redeveloped. Finding (3) applies also to the 74.1 acres defined in the City of Bakersfield. Supporting Facts: Finding (1) would apply upon application of a "D" Overlay Zone to provide site specific review to provide additional landscaping, architectural design and sign and lighting treatment to reduce urban impacts on existing and future residents. Finding (2) applies to areas governed by the County of Kern. Mitigation similar to that supporting Finding (1) can be applied by County of Kern. Consideration may also be given to lot design as part of the Specific Plan procedure in order to maximize open space landscaping and buffering from residential areas.. Finding.(3) applies since 'urban development in the form of Low Density Residential uses'have been designated since 1973 and earlier' and property owner's have reasonable expectations for property value maintenance. P'OPULATION AND HOUS~ING: Existing and future residents will be 'adver'sely affected by the cumulative impacts of changing land use. The degree of impact is related to the intensity of urban development and its rate of change. Existing and future residents in present housing and future units on vacant lots or redeveloped lots within the noise impact boundary will continue to be effected by adverse Airpark noise. Findings and Applications: Finding (1) applies to portions of the 61.7 acres identified in the EIR and this Resolution within the City of Bakersfield that will be adjacent to or in close proximity to and/or share streets used for residential traffic. Finding (2) applies to amended Area 2 in the County of Kern. In addition to this, approximately 120 acres developed to industrial and other urban uses within the M-2 Zone are recommended to be combined with the PD (Precise Development) Zone to allow consideration of access, archi- tectural design, signing, lighting, and other factors in order to design development to be as compatible with existing residential neighbor- hoods. Finding (3) applies to approximately 1,080 persons residing in 408 housing units impacted by Airpark generated noise in the City (primarily Census Tract 26). Supporting Facts: Finding (1) would apply upon application of a "D" Overlay Zone to provide review of projects in close proximity to existing and proposed residences addressing setbacks, buffering, landscaping, lighting, etc.; limit development to Light Manufacturing (M-1 Zone) and Limited Commercial (C~i zone) and require development of a Specific Plan in cooperation with Kern County as initial development project is proposed in the area (e.g., industrial site parcel map). Finding (2) applies to areas governed by the County of Kern. Miti- gation similar to that supporting Findings (1) and (3) may be applied by the County of Kern. Finding (3): The cost necessary to mitigate noise in the interiors of homes affected by Airpark noise is undetermined. The City of Bakersfield does not have funding resources available to address sound insulation in private homes except.in connection with the Community Development Block Grant program and _ ot~er housing rehabilitation programs intended to assist low and moderate income families in the improvement of substandard housing units. It is recommended that the approximately 20 substandard units impacted by high noise be eligible for noise insulation in connection wi~h making units more energy efficient (weatherstripping, heat insulation). and 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, un- avoidable significant effects have 'been found acceptable on the basis of specific economic, social or other considerations 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 Com- mission from the areas identified in the EIR; and WHEREAS, at its regular meeting on January 7, 1981, the Plan- ning Commission, after consideration of Final EIR and related docu- ments, adopted its Resolution No. 44-80, recommending to the City Council that the Final EIR be certified as completed in compliance with the California Environmental Quality Act, the State EIR Guide- lines, and City of'Bakersfield 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 December, 1980, including City response as an appended document, has been reviewed, evaluated and considered by the City Council. 3. That the Final EIR has been completed in compliance with the California Environmental Quality Act, the State EIR Guidelines and the City of Bakersfield Resolution 60-80. 4. That the said Final EIR is an accurate and objective dis- cussion of the proposed project and adequately discusses and de- scribes 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 complete, with appended material including information contained in this Resolution 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 llth day of March, 1981, by the following vote: AYES: COUNCILMEN BARTON, L, iKF~tLF4o~_N, MEANS,/~M, PAYNE, RATTY, ~ CITY Ex Council of the City of Bakersfield P. ,th~s llt~ ~ AP~'~D ~- '- " %~.. y of March, 1981 ~~ ,;~:ty of Bakersfield -APPROVED as to form: the 10.