HomeMy WebLinkAboutRES NO 047-18RESOLUTION NO. 047- 1 B
RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN
AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ALONG THE
NORTH SIDE OF RENFRO ROAD, GENERALLY WEST OF SANTA FE
WAY. (GPA/ZC NO. 17-0446).
WHEREAS, Hageman Land Partners, LLC, representing Cumberland Legacy 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) to LR (Low Density Residential) on 26.56 acres
located along the north side of Renfro Road, generally west of Santa Fe Way (the "Project');
and
WHEREAS, the City Council adopted a Mitigated Negative Declaration with
mitigation measures for the Project; and
WHEREAS, the Planning Commission held a public hearing on March 1, 2018, and
approved Resolution No. 19-18, which recommended that the City Council approve the
Project; and
WHEREAS, the Clerk of the City Council set Wednesday, April 11, 2018 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, 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 proposals; 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 proposed 26.56 -acre project site is comprised of two soil types, 174- Kimberlina
fine sandy loam (12 acres) and 196-Milham sandy loom (10.9 acres), as classified by
the Department of Agriculture Soil Conservation Service, and are Class III and Class I
soils. The Metropolitan Bakersfield General Plan (MBGP) states, area designated
for agricultural use which includes Class 1 and II and other enhanced agriculture
soils with surface delivery water systems should be protected from incompatible
residential, commercial, and industrial subdivision and development activities. The
subject property contains prime agricultural soils, therefore is considered significant.
A statement of overriding consideration was adopted by the City when the General
Plan was certified in 2002.
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Availability of Irrigation Water:
The property has one off-site water well located on the east side of the abutting
property to the south, which has provided sufficient agricultural water needs. Water
demands change somewhat when croplands are converted to urban uses. Urban
water consumption is higher in most industrial uses, however commercial and
residential consume less wafer. 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 by 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-aaricultural uses & Proximity to Intensive Parcelization:
Finding: 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 and weeds, increased complaints about noise, dust, smoke, odors and
spray drift from pesticide and fertilizer use, restrictions to the application of
pesticides and chemicals, increased flooding and siltation, and increased traffic,
vandalism, and trespassing.
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:
Finding: The total acres of prime and nonprime farmland reported to the State
Department of Conservation with the Kern County annual Subvention Report for
2017-2018 were 1,462,815- acres of prime and non -prime land under a California
Land Conservation (Williamson Act) contract. Of that total, 40.68 -acres were
enrolled in Farmland Security Zone (FSZ) contracts. Non -renewals initiated for the
year totaled 52,802 -acres of prime and non -prime property. The subject property is
not under a land use contract and the nearest contracted land is approximately 3.5
miles distance. However, the subject property is located within 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 that significant.
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Ability to Provide Urban Services:
Finding: The proposed project site is adjacent to existing residential and industrial
development within the City limits and County of Kern. Domestic water will be
provided by Vaughn Water Company. The project is within the North of the River
Sanitary District (District). The District and will be providing sewer service. 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 Aaricultural
Properties:
Finding: The project site is adjacent to agricultural uses along its north and west
boundaries. 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-Settina Situation that Leads to Premature Conversion
of Prime Aaricultural Lands:
Finding: The project site is surrounded by urban development and numerous
approved tentative tract maps. Therefore, the project is in the logical path of
development. Impacts are less than significant.
Demonstrated Proiect Need:
Finding: The MBGP states that the Bakersfield Planning Department projects
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 65 residential lots
for the rapidly growing Bakersfield community in a manner 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.
It is assumed that future development in The MBGP Planning Area would
continue to include "prime" agricultural soils that exist on the Valley floor. This
loss has not limited itself to the City of Bakersfield and Kern County but has
become an issue of statewide concern. The MBGP concludes that conversion
of prime agricultural lands to urban uses will result in a reduction of the
regional agricultural economy and is considered to be a significant adverse
impact. A statement of overriding considerations for this impact was adopted
by the City when the MBGP was certified. However, with implementation of
mitigation measures found in Section 4.1-15 Impacts and Mitigation Measures
of the Metropolitan Bakersfield General Plan Update EIR, the impacts resulting
from the conversion of farmland To non-agricultural uses is considered
insignificant.
In addition, substantial existing and planned urban development of properties
adjacent to and near the proposed project site indicates that this site is in the
logical path of development. The MBGP encourages the orderly outward
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expansion of new urban development that maintains continuity of existing
development and allows incremental expansion of infrastructure and public
services. The proposal complies with the MBGPs criteria. Impacts are less than
significant.
Necessity of Buffers Such as Lower Densities. Setbacks. etc.
Finding: 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, with
the project site being surrounded by urban and industrial development a buffer
zone may include a parking lot or landscape area or the roadway. Farmers can
utilize their site for crop production if the adjacent development is commercial or
industrial in nature, as these types of uses are not considered to be sensitive
receptors. Impacts are less than significant.
WHEREAS, during the hearing, the City Council considered all facts, testimony, and
evidence concerning the staff report, Mitigated Negative Declaration and the Planning
Commission's deliberation, and action.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals, incorporated herein, are true and correct.
2. The Planning Commission's findings as contained in its Resolution No. 19-18 are
hereby adopted.
3. The Project is subject to mitigation measures found within the adopted Mitigated
Negative Declaration for the Project.
4. 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.
5. The Project approved herein is hereby made part of the 2^d amendment to the
Land Use Element of the Metropolitan Bakersfield General Pion for calendar year
2018 in accordance with Government Code Section 65358 (b).
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ORIGINAL
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on APR 1 1 7111R ,
by the following vote: ✓ ! '
AYES: COUNCILMEMBER: ameRA. GONZALES, V R, WT I FREEMAN, SULLIVAN, PARMA-
NOES: COUNCILMEMBEIR 11J -h4
ABSTAIN: COUNCILMEMBER_ LhJ�1
ABSENT: COUNCILMEMBER:_ V�j1k _I r%IE!
CHRISTOPHER GE RY
ACTING CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED APR 1 1 71IR
KAREN GOH
�%CMAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
RICHARD IGER
Deputy City Attorney
Exhibits: A Conditions of Approval
B General Plan Amendment Map
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Exhibit A
General Plan Amendment/Zone Change No. 17.0446
Conditions of Approval
PUBLIC WORKS
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 Of a tentative subdivision map over the entire GPA/ZC area is submiffed,
these conditions may be met with the map):
a. Provide fully executed dedication for Renfro Road to arterial standards for the full
frontage of the area within the GPA request. Dedications shall include sufficient
widths for expanded intersections and additional areas for landscaping as directed
by the City Engineer. Additional reservation area, to be acquired by the City, will be
required for slope easements and/or right of way to accommodate the Renfro
Road and Santa Fe Railroad grade separation project.
b. This GPA/ZC area is too small to support its own storm drainage sump. The City will
allow no more than one sump per 80 acres. Submit a comprehensive drainage
study of the entire drainage area, to be reviewed and approved by the City
Engineer. The sump should be located so that it may be available to serve adjacent
areas as they develop.
c. Sewer service will be provided by North of River Sanitary District. Contact said District
for their planning, design, and construction requirements.
d. 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. The phasing of the construction
of all infrastructure will be addressed at the subdivision map stage.
For orderly development.
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 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 median fees for the Renfro Road frontage of the property within 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. �0AKF9
For orderly development.
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GPA/ZC 17-0446
Conditions of Approval
Page 2
5. Access to the project area via Renfro Road will only be allowed in the southern half of
the project area and it shall not impact the Renfro Road/BNSF Railroad Separation
Project. Left turns onto Renfro Road will not be allowed, and all other requested turning
movements must comply with City standards.
Leonard Alvarado Road is a County Road, and in the vicinity of the intersection with
Santa Fe Way does not meet current pavement and geometric standards. If access to
the project area via Santa Fe Way and Leonard Alvarado Road is required, Leonard
Alvarado Road and the intersection must be improved to current standards.
If it becomes necessary to obtain any off site right of way and if the developer is unable
to obtain the required right of way, then developer shall pay to the City the up -front
costs for eminent domain proceedings and enter into an agreement and post security
for the purchase and improvement of said right of way.
For orderly development.
6. The development is required to pay into the adopted Regional Traffic Impact Fee fixed
rate program.
For orderly development.
CITY ATTORNEY
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 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.
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