HomeMy WebLinkAboutRES NO 149-03 149-03
RESOLUTION NO.
a RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA 03-0362 OF THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ADJACENT ON THE WEST SIDE OF
COTTONWOOD ROAD, BETWEEN EAST PACHECO ROAD
AND EAST FAIRVIEW ROAD.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY,
JUNE 16, 2003, and THURSDAY, JUNE 19, 2003, on GPA 03-0362 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of
the time and place of hearing having been given twenty (20) calendar days before said hearing
by publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, GPA 03-0362, an amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan is as follows:
Robert Dean with D&D Development Enterprises has proposed to amend the
Land Use Element of the Metropolitan Bakersfield General Plan by changing the
land use map designation from R-IA (Resource-Intensive Agriculture) to LR (Low
Density Residential) on 81.7 acres, R-IA (Resource-Intensive Agriculture) to
HMR (High Medium Density Residential) on 4.5 acres, and R-IA (Resource-
Intensive Agriculture) to GC (General Commercial) on 12 acres located adjacent
on the west side of Cottonwood Road, between East Pacheco Road and East
Fairview Road; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on May 30, 2003, in
accordance with CEQA; and
WHEREAS, by Resolution No. 108-03 on June 19, 2003, the Planning Commission
recommended approval of Case No. GPA 03-0362, as shown in Exhibit "1", and this Council
has fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, the project site (98.2 acres in size) is located in the unincorporated area of
Kern County and is currently being processed for annexation to the City of Bakersfield; and
WHEREAS, the project site is located one half mile southeast of the Bakersfield ;5~,~;v~
Municipal Airport and is situated in Compatibility Zone C of the Kern County Airport Land U~
Compatibility Plan (1996); however, the proposal does not conflict with the Zone C compatibility
criteria of the Plan. In addition, there is no traffic pattern on the east side of the airport (Table
4-1 of the 1996 Kern County Airport Land Use Compatibility Plan). The project would not result
in a safety hazard or noise problem for persons residing or working in the project area; and
WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan recommends a
a deed notice for property within Compatibility Zone D, which is identical in area to Compatibility
Zone C, to ensure that property owners are notified of their proximity to the airport regarding
any possible inconvenience, annnoyance or discomfort arising from the noise of normal aircraft
operations; and
WHEREAS, the Compatibility Zone D criteria applies to the area that is not within the
common traffic pattern area, i.e., the traffic pattern and pattern entry points, of Compatibility
Zone C; and
WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan specifies that
there is no established traffic pattern on the east side of the airport; and
WHEREAS, the project site is located southeast of the airport; and
WHEREAS, the Planning Commission has recommended that a deed notice be
required for the proposal and the City Council concurs with the recommendation; and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the
Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10)
factors when considering projects that propose to convert designated agricultural land to non-
agricultural uses; and
WHEREAS, the City Council has evaluated the ten (10) factors provided under Policy
No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield
General Plan and finds the following:
1 ,) Soil Qualitv
Finding - The soil types of the project site (Kimberlina fine sandy loam and
Kimberlina fine sandy loam, saline alkali) are some of the most common soils
within the Valley Floor of Kern County. The soil types are not unique or found
only on the project site, Therefore, the conversion of the project site to
urbanization is appropriate for the area.
2.)
Availability of irriQation water
Finding - The subject site is not unique for farmland in the area in having an
adequate supply of irrigation water for agricultural production. Therefore, the
conversion of the project site to urbanization is appropriate for the project site
and area.
3.) Proximity to non-agricultural uses
F nd ng- The project site is located adjacent to an existing 300 acre resid~e~la,~,~.~..
subdivision The existing subd v sion is adjacent along the west s de of th.~ , ~;o
ORIGINAL
project site within the unincorporated area. Therefore, the conversion of the
project site to urbanization is appropriate for the area.
4.)
5.)
Proximity to intensive parcelization
Finding - The area adjacent to the west and north of the project site has been
intensively parceled for residential and future industrial development,
respectively. Therefore, the conversion of the project site to urbanization is
appropriate for the area.
Effect on properties subject to "Williamson Act" land use contracts
Finding - The project site does not contain a Williamson Act contract. The
conversion of the project site to urban development would not prohibit any
adjacent agricultural land or agricultural land in the general area from growing
crops or participating in the Williamson Act program. The project would not
require any property in the general area under an existing Williamson Act
contract to begin the notice of nonrenewal or cancellation process. Therefore,
the conversion of the project site to urbanization is appropriate for the area.
6.) Ability to be provided with urban services (sewer, water1 roads, etc.)
7.)
Finding - The City of Bakersfield has determined that the City will be able to
provide all City services to the project site. The California Water Service
Company has stated that it can provide an adequate supply of domestic water
and water for fire protection to the project site. Therefore, the conversion of the
project site to urbanization is appropriate for the area.
Ability to affect the application of aqricultural chemicals on nearby agricultural
properties
Finding - In Kern County, farmers are required to obtain site-specific permits
from the Kern County Agricultural Commissioner for the purchase and use many
agricultural chemicals. The Agricultural Commissioner evaluates the proposed
chemical application to determine whether it is near sensitive areas such as
residential areas or schools. State law requires the Agricultural Commissioner to
ensure that chemical applicators take precautions to protect people and the
environment. Based on this evaluation, the Agricultural Commissioner may deny
the application or require specific use practices to mitigate any potential hazards.
Such practices include method of application, time of day, consideration of
weather conditions, and use of buffer zones. When such permit conditions are in
place, they have the force of regulation and are strictly enforceable. The Kern
County Agricultural Commissioner prohibits the aerial application of restricted
chemicals within a quarter mile of any residential area or active schools.
The proposal will not affect the application of agricultural chemicals for property
located adjacent on the south side of the project site because that property is
already located within a quarter mile of an existing residential subdivision. The
properties to the north and west of the project site do not contain agricultural
and The properties within a quarter mile to the east are not likely to be affecte,d,~ ~
because they are already located with n a quarter mile of a number of reslde~l~' 5~.
ORIGINAL
8.)
homes and other uses that may restrict aerial application. Based on the
requirements of the Kern County Agricultural Commissioner and the existing land
uses surrounding the project site, it is unlikely the proposal itself would have any
affect on the application of agricultural chemicals on nearby agricultural
properties. Therefore, the conversion of the project site to urbanization is
appropriate for the area.
Ability to create a precedent-setting situation that leads to the premature
conversion of prime agricultural lands
Finding - The project would not create any situation that would lead to the
premature conversion of adjacent or area agricultural land. The project site is
bounded by an existing Arterial on the east, an existing Collector on the north,
single family residential development on the west, and a designated Collector on
the south. Each of these factors provides a buffer that would prevent the project
from prematurely converting agricultural land.
9.)
Demonstrated project need
Finding - The proposal is a logical extension for residential and commercial
development in the southeastern portion of the City of Bakersfield. The project
site is adjacent to an existing 300 acre residential area. The existing city limit
line is located adjacent along the north side of the project site. The Metropolitan
Bakersfield General Plan encourages the orderly outward 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 General Plan's criteria. As well, the proposed 12 acre
commercial designation at the southwest corner of Cottonwood Road and East
Pacheco Road is needed to provide regional commercial services for both the
proposed growth and existing population in the general area. There are no
existing 10 acre commercial designations within a one mile radius of the
proposed commercial site. The proposal meets the objectives and policies of the
Housing Element by providing different types of housing and locating the
residential development in close proximity to commercial development that would
provide services and jobs.
10.) Necessity of buffers such as lower densities, setbacks, etc
Finding - The project site is bounded by an existing Arterial on the east, an
existing Collector on the north, single family residential development on the west,
and a designated Collector on the south. These factors will serve as buffers for
adjacent agricultural land. Therefore, the conversion of the project site to
urbanization is appropriate for the area.
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, July 30, 2003, on the above described Case No. GPA 03-0362 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of
time and place of the hearing having been given at least ten (10) calendar days before the
hearing by publication in the Bakersfield Californian, a local newspaper of general circulatio_~;5~
and ~ , ,~
ORIGINAl
WHEREAS, the Council has considered and hereby makes the following findings:
All required public notices have been provided.
The provisions of the California Environmental Quality Act have been met.
The proposed project would not have a significant effect on the environment.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
NOW,
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711.4 of the State of California
Department of Fish and Game Code. Additionally, the assumption of adverse
effect is rebutted by the above-reference absence of evidence in the record and
the Lead Agency's decision to prepare a Negative Declaration for this project.
THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
The Negative Declaration for GPA 03-0362 is hereby adopted.
The report of the Planning Commission, including maps and all reports and
papers relevant thereto, transmitted by the Secretary of the Planning
Commission to the City Council, is hereby received, accepted and approved.
The City Council hereby approves and adopts Case No. GPA 03-0362 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, constituting changes as shown on the map marked Exhibit "1",
and subject to Conditions of Approval as provided in Exhibit "2", attached hereto
and incorporated as though fully set forth, for property located adjacent on the
west side of Cottonwood Road, between East Pacheco Road and East Fairview
Road.
That Case No. GPA 03-0382, approved herein, be combined with other
approved cases described in separate resolutions, to form a single General Plan
Amendment.
The Planning Division of the Development Services Department is hereby
directed to file a Notice of Determination with the County Clerk of Kern County,
pursuant to the provisions of Section 21152 of the Public Resources Code and
Section 15094 of the CEQA Guidelines adopted pursuant thereto and a ~ 5~'~"~;.~.
5 ~;
~Rt(~tNAi
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
......... 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 July 30, 2003, by the
following vote:
AYES: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
NOES: COUNCiLMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCiLMEMBER
PAMELA A. McCARTHy~6~/IC ~;
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
H A~'~.. HALL
Mayor of the City of Bakersfield
APPROVED ast.~ form
BART J. THIL'r~GEN
City Attorney ~
ORIGINAL
EXHIBIT 1
ITl
Z
--I
EXHIBIT 2
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 03-0362
CONDITIONS OF APPROVAL
With submittal of a land division or Lot Line Adjustment application, provide dedication of
Cottonwood Road and Pacheco Road to arterial and collector standards, including
expanded intersections.
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate
future expansion or consolidation of drainage facilities as adjacent area develops. The
study shall be approved and any required retention site and necessary easements
dedicated to the City. Provide an easement for the ultimate retention basin site, along with
necessary easements for the transportation of drainage water to the site.
Submit verification to the City Engineer of the existing sewer systems capability to accept
the additional flows to be generated through development under the new land use and
zoning.
Payment of median fees for the frontage of the property within the GPA request. These
fees may be paid prior to recordation of any map or approval of improvement plans. Sewer
main will have to be extended to service this site. The City and the County will enter into a
reimbursement agreement with the developer for the cost of installing an oversized sewer
line.
Access to the arterial and collector streets will be limited and determined at time of division
or development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development. A full access opening will
only be considered if the developer funds and installs a traffic signal at the site entrance.
Said signal will only be permitted if a signal synchronization study is submitted and
approved, which shows progression is not adversely affected.
Development on the site shall be subject to the Phase II Regional Traffic Impact Fee.
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
Consolidate 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.
a) Pay the proportionate share of the following local measures (not paid for by the
Regional Transportation Impact Fee - RTIF) as indicated in Table 7 of the traffic study.
Based upon the project trip generation, 38% is attributed to the single family residential,
4% to the multi-family residential and 58% to the commercial. An estimate and fee
schedule should be developed by the applicant and approved prior to recordation of a
map or issuance of a building permit. Note, some of these facilities are being proposed
for the Phase 3, RTIF and can be deleted from the local measure estimates should
development occur after the new fee is effective.
Cottonwood Rd/SR 58 East Bound Ramp - Install signal, 20.17% share.
Cottonwood Rd/Casa Loma Dr - Add north and south bound left turn lanes, 7.54%
share.
3. Cottonwood RdANhite Ln - Add north and south bound left turn lanes, 18.72%
share.
4. Pacheco Rd/H St- Add north and south bound left turn lanes, add west bound right
turn lane, 2.52% share.
5. Pacheco Rd/Cottonwood - Install signal, add north, east and south bound left turn
lanes, 32.94% share.
6. Fairview Rd/Cottonwood - Install signal, add north, east and south bound left turn
lanes, 37.75% share.
7. Panama Ln/Monitor St- Install signal, 8.19% share.
8. Panama LN/Cottonwood Rd - Add north and south bound left turn lanes, south
bound right turn lane 21.74% share.
9. Brundage Ln/Cottonwood/Fwy 58 West bound ramp - Install signal, 14.02% share.
b) Access along Cottonwood Road will be limited and determined at time of subdivision
and site plan review subject to the following restrictions.
1. Fu~l access locations will only be permitted if a signal synchronization study,
submitted by the applicant, demonstrates that satisfactory signal coordination can
be maintained.
2. Full access will not be permitted unless a signal is installed by the developer at the
proposed full access location.
Reaional Transportation Impact Fee
a) The study provided an analysis of the project share of the impact fee for the commercial
portion at $114,755 ($24.55 per trip). If the commercial development is submitted for
site plan review after adoption of the phase 3 Impact fees, the RTIF calculation shall be
updated to reflect the new facilities list.
b) Pay the computed commercial fee ($24.55 per daily trip) for the commercial portion and
the standard residential fees, as adopted at time of development, for the residential
portions.
ORIGINAL
10.
Prior to issuance of any building permit or approval of any tentative parcel map or tentative
subdivision map, the following statement shall be included on the deed for the subject
property of GPNZC 03-0362 (APN: 414-010-06, 07) and recorded in by Kern County. This
statement shall also be included on any parcel map, tentative map or final for subdivision
approval:
"This property is in the area subject to overflights by aircraft using the Bakersfield
Municipal Airport, and as a result, residents may experience inconvenience,
annoyance or discomfort arising from the noise of such operations. State law
(public utilities code section 21670 et Seq.) establishes the importance of public use
airports to protection of the public interest of the people of the State of California.
Residents of property near a public use airport should therefore be prepared to
accept such inconvenience, annoyance or discomfort from normal aircraft
operations. Any subsequent deed conveying parcels or lots shall contain a
statement in substantially this form."
~RIGINA~