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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~