Loading...
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.