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HomeMy WebLinkAboutRES NO 047-15RESOLUTION NO. 047— 1 5 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ON THE WEST SIDE OF SANTA FE WAY, NORTH OF AUSTIN CREEK AVENUE. (GPA /ZC NO. 14- 0480). WHEREAS, Rosedale Land & Development, Inc., representing Bryan & Marie Batey Family Trust, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R -IA (Resource- Intensive Agriculture) and SR (Suburban Residential) to LR (Low Density Residential) on 87.41 acres and LI (Light Industrial) on 7.94 acres located on the west side of Santa Fe Way, north of Austin Creek Avenue (the 'Project "); and WHEREAS, the City Council adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on April 2, 2015, and approved Resolution No. 18 -15, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 6, 2015 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, the proposal also includes the annexation of the site to the City of Bakersfield; and WHEREAS, Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan requires the decision making body to evaluate ten factors to determine the appropriateness of agricultural conversion proposal; and WHEREAS, the applicant submitted a Farmland Conversion Study for the project site that analyzed these ten factors; and WHEREAS, the Planning Commission has evaluated the ten factors provided under Policy C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan and finds the following: Soil Quality The project soil types are 127 -Cajon sandy loam (36.6 acres), 174 - Kimberlina fine sandy loam (6.0 acres), and 196- Milham sandy loam (37.4 acres), as classified by Q P K, the Department of Agriculture Soil Conservation Service, and are Class III and Classo`` 9�.�, I soils. The MBGP states, area designated for agricultural use which includes Class It o and II and other enhanced agriculture soils with surface delivery water systems ORIGINAL Paae 1 of 5 should be protected from incompatible residential, commercial, and industrial subdivision and development activities. The subject property contains approximately 80 acres of prime agricultural soils; therefore, is considered significant. A statement of overriding consideration was adopted by the City when the EIR for the General Plan Update was certified in 2002. The proposed project would result in a significant impact from the conversion of approximately 80 acres of soil considered prime farmland; however, with implementation of mitigation measures contained in the Negative Declaration, the impact resulting from the conversion of farmland to non - agricultural uses is considered insignificant. Availability of Irrigation Water: The property has water well located near the eastern portion of the site, which has provided sufficient agricultural water needs. Water demands change somewhat when croplands convert to urban uses. Urban water consumption is higher in most industrial uses, however commercial and residential consume less water. Water agencies can charge a residential development more money for less water consumption. Irrigation in a drought year with potential periods of power outages and the announcements of reduced water supply can severely reduce vegetable yields. Farmers have seen increases in water supply costs for their crops which are attributed to the higher costs on energy (electrical and diesel) to run the pump. As part of the proposed project, upon approval of the project and annexation into the City of Bakersfield, the developer may enter into a Development Agreement with the City of Bakersfield to address various aspects of planning and development, including water facility development. Impacts are less than significant. Proximity to non - agricultural uses & Proximity to Intensive Parcelization: The encroachment of urban uses on existing agricultural areas can result in negative interactions between farmers and urban neighbors. Farming operations can affect urban neighbors by creating inconveniences or discomforts such as equipment noise, odors from manure and other chemicals, and dust or smoke. Urban uses can create adverse impacts to farmers such as the introduction of pests, disease, weeds, and complaints about farming operations. The subject property is adjacent to intensive parcelization on three sides, and is already impacted by urbanization. The realignment of Renfro Road severed the continuity of the former 127 acre agricultural parcel and created a 110 foot buffer between the subject property and the remaining agricultural property to the north. Impacts are less than significant. Effects on properties subject to Williamson Act Land Use Contracts: The subject property is not under a land use contract and the nearest contracted land is approximately 3.5 miles away. However, the subject property is located within Kern County Agricultural Preserve No. 9 and a Petition for Exclusion from the Agricultural Preserve is necessary. Existing urbanized and planned land uses surrounding the proposed project area demonstrate that the project is along the logical path of urban development. Impacts are less than significant. OI b N c+ s > m � r Page 2 of 5 U ORIGINAL Ability to Provide Urban Services: The proposed project site is adjacent to existing residential and industrial development and is within the North of the River Sanitary District (District). The District will provide sewer service to the projects site upon development. The proposed development is required to pay its proportional share of the local costs of infrastructure and other public facilities. Impacts are less than significant. Ability to Affect the Application of Agricultural Chemicals on Nearby Agricultural Properties: The project site is adjacent to agricultural uses along its north boundary. The proposed project is separated from adjacent properties by existing roadways, which would contribute to minimize land use conflicts. Impacts are less than significant. Ability to Create a Precedent - Setting Situation that Leads to Premature Conversion of Prime Agricultural Lands: The project site is surrounded on three sides by urban development and is in the logical path of development. Impacts are less than significant. Demonstrated Project Need: The Metropolitan Bakersfield General Plan (MBGP) states that Bakersfield projects, the population of the plan area to be 520,500 in the Year 2020. Population growth will result in the need for approximately 37,000 housing units (MBGP) - Land Use Element, Page II -5). The project intends to create a diversified mix of residential and industrial services for the rapidly growing Bakersfield community and provide jobs and services consistent with the goals and policies of the MBGP. The proposed project will ensure that the area develops in a comprehensive and coordinated fashion with adequate consideration of traffic and circulation, public safety, site and resource management and project financing. In addition, planned urban development on properties adjacent to and near the project site indicates the site is on the logical path of development. A statement of overriding considerations for this impact was adopted by the City when the EIR for the General Plan Update was certified in 2002. With implementation of mitigation measures contained in the Negative Declaration, impacts resulting from the conversion of farmland to non - agricultural uses are considered insignificant. Necessity of Buffers Such as Lower Densities, Setbacks, etc. If development adjacent to agricultural fields do not include buffer zones in their design, the burden falls upon the grower to provide a buffer between these uses. This often means the grower must allocate a portion of their land to the creation of a buffer zone. As an example, growers might be required to refrain from spraying or harvesting the outside rows of their corps. In those cases, buffer zones represent a loss to the farmer of both crop production and income. However, this project site is surrounded by urban and industrial development on three sides and one agricultural field to the north which is separated from the project site by Renfro Road. A buffer zone may include a parking lot or landscape area or the roadway. In this circumstance the buffer is created by Renfro Road. Impacts are less than o<'�AKF9c1' significant. > '" M v p Page 3 of 5 ORIGINAL WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 18 -15 are hereby adopted. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. The Project is hereby approved subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 4. The Project approved herein is hereby made part of the 2nd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2015 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- Page 4 of 5 oI Z,AK, 9q � m r v o ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on MAY 0 6 2015 , by the following vote: AY COUNCILMEMBER: RIVERA, MAXWELL, WEIR, HANS N,SULL�N, PAR ILER NOES: COUNCILMEMBER: kl&gl � BS IN' COUNCILMEMBER: aJ,ry) tr/ ABSENT: COUNCILMEMBER: Q4 01%..' �&� zil" ROBERTA GAFFORD, C CITY CLERK and Ex Officio Clerk of the MAY 0 6 2015 Council of the City of Bakersfield � � APPROVED HRRVEY L. HALL / MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Atto y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL\ S: \GPAs \GPA 2nd 2015\ 1 4-0480\Res Ord \RES CC GPA Reso 14- 0480.docx �AKF9 o`` s� Page 5 of 5 v o ORIGINAL Exhibit A Conditions of Approval General Plan Amendment No. 14 -0480 Public Works: 1. Along with the submittal of any development plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Renfro Road to arterial standards and Jenkins Road and the local street along the north side of Austin Creek Park to Santa Fe Way to local standards, for the full frontage of the area within the GPA request. Due to the location of the railroad on the opposite side of Santa Fe Way, no additional right -of- way can be obtained and the widening to arterial standards must take place entirely on the westerly side of the centerline. Therefore, move the centerline of Santa Fe Way to the southwest and provide additional fully executed dedication for Santa Fe Way to arterial standards along the full frontage of the GPA area. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than one sump may be utilized to serve this area; this sump should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA /ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. The GPA /ZC area is within the North of the River Sanitary District No. 1. Sewer service in this area must conform to the NORDS's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require an Open Street Permit and be per the City of Bakersfield. d. The project applicant shall provide the City of Bakersfield with a phasing plan of the onsite and required offsite roadway improvements to be reviewed and approved by the City Engineer. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA /ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. Developer will be responsible for offsite construction of all infrastructure adjacent to Austin Creek Park along the GPA /ZC area. Developer will also be responsible for the construction of Santa Fe Way within the boundary of the GPA /ZC area and for the construction of 1 northwest bound travel lane plus bike lane, including the full median and landscaping. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. For orderly development. ©AKFq Page 1 of 4 o 1 s F' r v p ORIGINAL Conditions of Approval GPA No. 14 -0480 2. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA /ZC area. If the parcel is already within a consolidated maintenance district, the owner shall update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 3. Payment of the proportionate share of the cost of the median for the arterial frontage of the property within and or along the GPA /ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA /ZC area. For orderly development. 4. Per Resolution 035 -13, the area within the GPA /ZC shall implement and comply with the "complete streets" policy. For orderly development. 5. Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in list of mitigation measures from the traffic study in Table 6. An updated estimate, based upon current costs, and fee schedule shall be developed by the applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares from the study as follows: a. Santa Fe Way & Kratzmeyer Rd, Install Signal, 1.64% b. Allen Rd & Olive Dr, Add 1 NBT, 1.75% c. Renfro Rd & Noriega Rd, Install Signal, 8.43% Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane For orderly development. 6. Regional Transportation Impact Fee Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For orderly development. City Attorney 7. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any Page 2of4 o�0AKF9 r, s � r v ORIGINAL Conditions of Approval GPA No. 14 -0480 CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. ADDITIONAL CONDITIONS OF APPROVAL REQUESTED BY THE APPLICANT: 8. The following project Design Features were requested to be included as conditions of approval by the applicant (Batey letter, March 24, 2015) to improve the project by further reducing potential impacts to air quality and greenhouse gases, conserve water, and the promotion of energy efficiency. Prior to the issuance of the first grading permit for any development within the project area, the applicant shall present a letter to the City which self- certifies how the development has or will comply with each of the Design Features listed below. City Staff shall not be responsible for inspection of conditions 8(a) through 8(j) unless such inspection is required by law. Air Quality a. The project applicant shall install solar PV systems of 4 KW each to 20% of the constructed homes and solar PV systems of at least 20 KW that can be prorated for industrial buildings within the development. The project applicant shall provide written documentation to the City Planning Department and the Sierra Club representative reporting an account of the actual Solar PV units installed and there KW output. The reporting shall be done in three phases; the first report is due upon completion of 40% of the project; the second is due upon completion of the next 40 %; and, during the final 20% of the project, 100% of the homes shall have Solar PV units until the project reaches the agreed upon 20% installation rate. b. The project applicant shall comply with energy standards to achieve at least 10% more energy efficiency than required by 2016 Title 24 standards. c. Any Vesting Tentative Tract Map approved on the site shall include two GET bus turnouts /stops. The turnout locations shall be along Renfro Road and approved by the City Traffic Engineer. Bus turnouts shall be constructed even if there is not current bus routes operated near the site. d. Any Vesting Tentative Tract Map within the R -1 zone areas shall be designed such that 70% of the homes are built in the energy saving north /south orientation. Page 3 of 4 o`` ©AKF,9� s m v 4 ORIGINAL Conditions of Approval GPA No. 14 -0480 Light Pollution e. Exterior lighting from properties shall be limited to a maximum of 0.5 foot candles at a distance of 25 feet beyond the property lines. f. All lighting shall include full cutoff fixtures with no light emitting above angles of greater than 75 degrees. g. City streetlights shall be flat lenses, with full cutoff fixtures installed in a level position and rated Dark Sky Friendly by the International Dark Sky Association, 2015 standards and approved by the City Public Works Director. Use of energy efficient sodium or LED lamps shall be used and street lights shall be mounted at a height of 30 feet, or at the lowest height allowed by applicable codes and approved by the City Public Works Director. h. Any advertising signs located within the M -1 zoned area shall be restricted to business hours or turned off between 11 p.m. and sunrise. Illuminated signs shall be lighted from above in a downward orientation. Water Conservation: i. Any developer installed landscaping shall contain at least 80% drought tolerant or low water usage shrubs and trees. The drought tolerant or low water shrubs and trees shall be listed as such by the University of California, a California Municipal Water Agency or the City Planning Department. j. Concurrent with submittal for a Tentative Tract Map, the applicant /development must provide a current "will serve" letter from Vaughn Water Company confirming the company's ability to maintain water volume, pressure, and reliability to current customers with the additional connections in place. 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