HomeMy WebLinkAboutRES NO 8-84RESOLUTION NO. 8-84
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS AND CERTIFYING THE
FINAL ENVIRONMENTAL IMPACT REPORT FOR A
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE BAKERSFIELD METROPOLITAN AREA GENERAL
PLAN KNOWN AS SEGMENT I, BY THE PAVILLION.
WHEREAS, it has been proposed that an amendment be made
to the Land Use Amendment of the Bakersfield Metropolitan Area
General Plan (BMAGP) for 18.86 acres of undeveloped land known as
Segment I, by The Pavillion, bounded by Manor Street on the East,
the Kern Island Canal on the South and West, and on the North by
a contigious portion of the Kern River Floodplain.
WHEREAS, the project sponsors have proposed commercial
development requiring the following specific amendment:
18.86 acres including 11.4 acres within
the secondary floodplain of the Kern
River bounded on the South by the Kern
River Levee and Bikeway, from Low Density
Residential to Commercial.
and
WHEREAS, a Draft Environmental Impact
project was prepared by the City of Bakersfield
Report on said
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 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 Council Resolution
132-83 on December 1, 1983 at which hearing the public was entitled
to comment upon the Draft Environmental Impact Report; and
WHEREAS,
significant points
individuals in the
the City has responded in writing to all
raised by the public and private agencies and
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 has been completed
by the Development Services Department and was placed on the
Agenda of the Meeting of the Planning Commission on December 15,
1983 for evaluation and consideration by said Commission; and
WHEREAS, the City of Bakersfield Planning Commission,
on the basis of the Pavillion Complex 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
the following findings as to each significant
requires one or more of
effect:
(1
(2
(3
and
Changes or alterations have been required in,
or incorporated into, the project which avoid
or substantially lessen the significant
environmental effect 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 consider
ations 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 state-
ment 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 Commercial
development.
Findings and Application: Aside from requiring
indigenous landscaping along the relocated levee
and at other perimeter locations, none of the
above findings apply. The City of Bakersfield
Planning Commission found and this Council finds
the effect acceptable for the issuance of a State
of Overriding Considerations under CEQA Section
15093. The near view of the project from the relocated
bikeway will be significant, however, with landscaping
may improve the visual quality of the environment.
Farther views from the west bluffs and Panorama Loop
will be impacted less significantly since the propor-
tion of change within the viewshed is insignificant
when compared to the total open space view of the Kern
River and oilfields.
TOPOGRAPHY: Development will require + 100,000 cubic
yards of fill material to raise the si~e 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 found and this
Council finds the effect acceptable for the
issuance of a State of Overriding Consideration
under CEQA, Section 15093.
Supporting Facts: The topographic change inherent
in the project is necessary for the health, safety
and welfare of future users. This provides the
basis for issuance of a Statement of Overriding
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 combined
groundshaking and high water table (within six to
nine feet of natural ground surface) coincident
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.
Fe
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 planned commercial development to ensure that
employees and users are afforded an equal degree
of protection from seismic activity as provided
generally throughout the City of Bakersfield.
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-
developed top soil within the upper two feet,
including 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 11.4 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 planned commercial development
zoning.
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 finds the effect acceptable for the issu-
ance of a Statement of Overriding Consideration
under CEQA, Section 15093 for the loss of exist-
ing natural flora. Finding (1) above will apply
partially to the potential "escape" of ornamental
vegetation into the natural flora beyond the site.
Supporting Facts: The loss of natural flora is
inherent in the conversion of natural open space
to urban use. Require the planting of native
vegetation to prevent the "escape" of ornamentals
into the natural flora and wildlife habitat.
FAUNA (1) Existing wildlife will be either
destroyed or removed and the habitat will be
destroyed. Evidence also shows the possibility
of kit fox, a rare and endangered species, habitat
on the site. (2) The project represents incre-
mental loss of wildlife habitat in floodplain
areas. (3) Increased contact between wildlife
and humans.
Findings and Application: None of the above
findings apply to (1), above as to the loss of
small animal wildlife and habitat. The City of
Bakersfield Planning Commission found and this
Council finds the effect acceptable for the
issuance of a Statement of Overriding Considera-
tion under CEQA, Section 15093. Finding (3)
applies to item (2), above. Fences shall be
constructed to reduce contact wildlife and human
population in (3), above, as a condition to
approval of development plans (Planned
Commercial Development). Recently discovered
den sites which may provide habitat for the kit
fox should be hand excavated under the super-
vision 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.
NOISE: Sixty-five decibel (65 db) noise on CNEL
(Community Noise Equivalent Level) scale attributed
to traffic on Manor Street will intrude into much
of the site by Year 2000. This level of noise is
considered acceptable for commercial land use;
however it might affect outdoor ceremonies.
Individual event noise impacts could occur to
nearby residents to the south and west with outdoor
ceremonies particularly if amplified music is used.
Findings and Application: Finding (1), above,
applies to the area affected by 65 dB or greater
traffic noise on outdoor ceremonies and the effect
conversely created by outdoor ceremonies on nearby
residents.
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. Outdoor activity noise shall be mitigated at
the site plan and for building permit stage by
construction of a wall around the patio reception
area with a canopy and outdoor events shall be
limited to after 8 a.m. and before 10 p.m. as a
condition of the planned commercial development.
LAND USE: Project area is currently undeveloped
except for a small segment of the site used for a
bike path which runs along the Kern River Levee.
Planned land use is for Low Density Residential
with a limitation of 60 dwelling units on the
18.86 acres. The site currently has value to the
community as an access point to the open space
corridor thereby providing local aesthetic relief.
Findings and Application: Finding (1) may be
applied to partially offset the loss of recreation
and aesthetic access opportunity; however, the
City of Bakersfield Planning Commission finds any
remaining unmitigable impacts acceptable for the
issuance of a Statement of Overriding Considera-
tions under CEQA Section 15093.
Supporting Facts: The proposal specifies reloca-
tion of the bike path to a levee along the north
boundary of the project. Access to the bike path
will be enhanced by a park-and-ride lot planned
for the north eastern corner. However, in support
of a Statement of Overriding considerations the
applicants find it to their interests to develop a
wedding complex with attendant commercial shops
and offices. It may be infeasible to achieve
plans and provide the necessary mitigation to
project effects by revising plans to a less inten-
sive development.
CIRCULATION/TRAFFIC: Access to the project area
is provided by Manor Street, a north-south arterial
connecting Oildale and Bakersfield. Traffic volume
is estimated at 15,400 ADT (daily traffic movements).
Potential conflicts (impacts) exist for ingress
and egress off Manor Street, a high speed and high
volume arterial. Therefore, the level of service
for Manor Street may be adversely affected. Addi-
tional potential conflicts (impacts) could exist
involving both pedestrian and bicycle access from
project to Manor Street.
Findings and Application: Finding (1) applies to
reducing potential traffic access impacts at the
Denise Avenue-Manor Street intersection, the
reduction of potential service levels and potential
conflicts between bicycle and automobile traffic
movements.
Supporting Facts: In order to assure proper and
legal access to the site for the intended use, the
standards and specifications of the Bakersfield
Subdivision Ordinance and Public Works Department
shall apply in the review of subdivision and planned
commercial development plans and site plan reviews
for approval. The following mitigation measures
shall be adhered to in future plan reviews and
approvals:
1)
Installation of traffic-actuated signal-
coordinated traffic signal at the Denise
Street/Manor Street intersection; if warranted
after in-depth study of actual facility opera-
tions. Bonding for the traffic control signal
shall be provided by the developer for a five-
year period allowing the City to study
warrants upon project completion and apply
the funding if warranted.
2)
Extension of the northbound and southbound
left turn pockets on Manor Street at the
Denise Street intersection to accommodate
likely left-turn traffic accumulation. The
length of these turn pockets should be deter-
mined by the City's Traffic Engineer;
3)
Provision of acceleration and deceleration
lanes north and south of the Project Area
entrance to minimize traffic conflicts
associated with merging and weaving vehicle
maneuvers; and
4)
Bikepath should be relocated according to the
Bikeway Plan currently being prepared by Kern
C.O.G. An alternative to the Manor Street
route should be considered following the
canal levee on the west of the project to
Columbus Street.
De
Me
HYDROLOGY: The Kern River could produce flood
hazards to the project and adjacent areas. 11.4
acres of the site are contained within the secondary
floodplain (i.e., a 100-year flood potential). Free
ground water is available to depths of six to nine
feet placing limits on liquid waste disposal because
of water contamination potential.
Findings and Application: Finding (1) applies to
both potential flooding and liquid waste disposal
limitation.
Supporting Facts: The City of Bakersfield Building
Department and Kern River Levee District review
plans and issue permits involving flood area reduc-
tion and levee relocation. The entire site shall
be raised above the secondary floodplain to
adequately protect life and improvements as a condi-
tion to P.C.D. approval. The project will be
connected to the City of Bakersfield sewer system.
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 and a collec-
tive minimum total of 3,500 gallons per minute during
simultaneous use specified as a condition of approval
of planned commercial development plans.
PUBLIC SERVICES - RECREATION: The project area and
surrounding environs provide a natural recreation
resource to residents of the Bakersfield urban area.
It is used by picnickers, naturalists, swimmers,
equestrians and others. In addition to providing
floodplain access, the project is the eastern
terminus for the Kern River Bikeway. Future proposed
extensions of the bikeway will provide a commuter/
recreation bikepath to Hart Park. Project will
shorten the bike path by 200 feet and reduce the
aesthetic potential for users in terms of South view-
shed and other changes effected by urban development
(e.g., noise, air quality factors, wildlife apprecia-
tion) over the natural environment. Bicycle access
across the project area's frontage and access
through the culvert under Manor Street or a new
alignment under the Manor Street Bridge are impor-
tant elements of the bike path system.
Findings and Application: Finding (1) applies to
provisions to ensure continuation of the bikepath.
Finding (3) applies to the shortening of the bikepath.
Supporting Facts: Include in the P.C.D. (Planned
Commercial Development) a bikeway path across the
project area's frontage and provisions for either a
culvert crossing or an under bridge crossing accord-
ing to the requirements of the Bakersfield Public
Works Department.
Ne
LIGHT AND GLARE: Nighttime events may cause occas-
sional light and glare impacts due to entry and
exit of vehicles and high intensity parking lot
lights and/or ceremony lights upon residents to the
south and Panorama Heights.
Findings and Application: Finding (1) applies to
entire project area.
Supporting Facts: Glare shields shall be required
and a limitation of nighttime activities to 10 p.m.
shall also be required as conditions to a P.C.D.
plan approval.
and
WHEREAS, the City of Bakersfield Planning
on the basis of the Findings and Statement of Facts,
Commission,
determined
and this Council finds 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, including those described for a Statement
of Overriding Consideration, 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 the approval of a Planned Commercial
Development Plan for a wedding complex, consisting of two structures
totalling 50,000 square feet of floor space and adjacent outside
parking (608 spaces) and
NOW, THEREFORE,
HEREBY DETERMINES, FINDS
access across from Denise Avenue.
THE COUNCIL OF THE CITY OF BAKERSFIELD
AND RESOLVES AS FOLLOWS:
1. The above recitals are true and correct.
2. That the Final EIR dated December, 1983, including City
Responses to Comments as an appended document, has been reviewed,
evaluated and considered by the Council.
3. That the Final EIR, consisting of the Draft EIR (dated
November, 1983), the Responses to Comments (dated December,
1983), and this Resolution have been completed in compliance with
the California Environmental Quality Act, the State EIR Guidelines,
and City of Bakersfield Resolution 132-83.
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
6. That in consideration of
Council certifies the Final EIR as
in the Final EIR.
the above findings, the City
complete, with appended material,
and in compliance with the California Environmental Quality Act,
the State EIR Guidelines and City of Bakersfield Resolution 132-
83.
I HEREBY
passed and adopted
regular meeting thereof held on the
1984 , by the following vote:
CERTIFY that the foregoing Resolution was
by the Council of the City of Bakersfield
18th day of January ,
at a
T~NT CITY CLERK and Ex Officio
Clerk of the Council of the City of
Bakersfield
APPROV~DTthis 18%h day of January
M~?0~ of/',~he City of Bakersfield
, 1984
APPROVED as to form:
o the ~i~y
of Bakersfield
AJS/bl 9.