HomeMy WebLinkAboutORD NO 4141 4141
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-20) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING OF CERTAIN PROPERTY BEING
ANNEXED TO THE CITY OF BAKERSFIELD FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 81.7
ACRES, A (AGRICULTURE) TO R-2 (LIMITED MULTIPLE-
FAMILY) ON 4.5 ACRES, AND A (AGRICULTURE) TO C-2
(REGIONAL COMMERCIAL) ON 12 ACRES LOCATED
ADJACENT ON THE WEST SIDE OF COTTONWOOD ROAD,
BETWEEN EAST PACHECO ROAD AND EAST FAIRVIEW
ROAD. (FILE# ZC 03-0362).
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of
the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing
on a petition to change the land use zoning for certain property being annexed to the City of
Bakersfield located adjacent on the west side of Cottonwood Road, between East Pacheco
Road and East Fairview Road (Exhibit "1 "), and more specifically described in Exhibit "2"; 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. 109-03 on June 19, 2003, the Planning Commission
recommended the adoption of an ordinance amending Title 17 of the Municipal Code to
approve ZC 03-0362 as delineated on attached Zoning Map No. 124-20, marked Exhibit "1",
and this Council has fully considered the Planning Commission's recommendation 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
Municipal Airport and is situated in Compatibility Zone C of the Kern County Airport Land Use
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 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 Quality
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 irri(~ation 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
Finding - The project site is located adjacent to an existing 300 acre residential
subdivision. The existing subdivision is adjacent along the west side of the
project site within the unincorporated area. Therefore, the conversion of the
project site to urbanization is appropriate for the area.
4.) Proximity to intensive Darcelization
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.
5.) 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, water, 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
prooerties
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
land. The properties within a quarter mile to the east are not likely to be affected
because they are already located within a quarter mile of a number of residential
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.
3
8.)
Ability to create a precedent-setting situation that leads to the oremature
conversion of prime a(~ricultural 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
commemial 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 general plan designations for the project site allow R-1 (One Family
Dwelling), R-2 (Limited Multiple Family) and C-2 (Regional Commercial) development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All above recitals are true and correct.
2. 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.
ONiGtNA~
NOW,
follows:
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
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.
The Conditions of Approval, attached hereto as Exhibit "3", are necessary to
provide for orderly development, and the public health, welfare and safety.
SECTION 1.
THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
The Negative Declaration for Zone Change No. 03-0362 is hereby adopted.
Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield
be and the same is hereby amended by changing the land use zoning from A
(Agriculture) to R-1 (One Family Dwelling) on 81.7 acres, A (Agriculture) to R-2
(Limited Multiple-Family) on 4.5 acres, and A (Agriculture) to C-2 (Regional
Commemial) on 12 acres located adjacent on the west side of Cottonwood
Road, between East Pacheco Road and East Fairview Road of that certain
property being annexed to said City, the boundaries of which property is shown
on Zoning Map No. 124-20 marked Exhibit "1" attached hereto and made a part
hereof, and more specifically described in attached Exhibit "2".
That Zone Change No. 03-0362 as outlined above, is hereby subject to the
Conditions of Approval as provided in Exhibit "3".
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
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
5
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of its
passage.
......... 000 .........
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on August 27, 2003, by the
following vote:
AYES: COUNCIL MEMBER COUCH, CARSON, BENHAM, MAC. G~, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCIL MEMBER ~
ABSTAIN: COUNCIL MEMBER ~
ABSENT: COUNCIL MEMBER fY~
PAMELA A. McCARTHY, C~C
CITY CLERK and Ex Officio Cl~t'k of the
Council of the City of Bakersfield
APPROVED AUG 27 2003
Mayor
APPROVED AB TO FORM:
BART J. THILTC-~.N
City Attorney, /
Attachments:
Exhibit 1 - Zone Change Map
Exhibit 2 - Legal Description
Exhibit 3 - Conditions of Approval
ZONING MAP 124-20
SEC 20 T 30 ~. R 28 L
LEGEND
EXHIBIT 2
LEGAL DESCRIPTION
ZONE CHANGE 03-0362
C-2 Commercial:
A portion of the Northeast Quarter of Section 20, T. 30 S., R. 28 E., Mount Diablo
Meridian more particularly described as follows:
Commencing at the northeast corner of said section, thence S 00o24' 19" W, along the
easterly line of said section and the centerline of Cottonwood Road, 695.00 feet; thence
N 89° 28' 49" W, 755.00 feet to the centerline of proposed north-south street; thence N
O0° 24' 19" E, along last said centerline, 695.00 feet to the north line of said section and
the centerline of Pacheco Road; Thence along said north line and centerline, S 89° 28'
49" E, 755.00 feet to the point of beginning.
containing 12.046 acres, more or less.
R - 2 Residential:
A portion of the Northeast Quarter of Section 20, T. 30 S., R. 28 E., Mount Diablo
Meridian more particularly described as follows:
Commencing at a point on the north line of said section 755.00 feet westerly of the
northeast corner of said section, thence along the centerline of a proposed north -
south street, S 00° 24' 19" W, 799.00 feet; thence N 89° 28' 49" W 140.00 feet; thence
N 00° 24' 19" E, parallel to said centerline, 629.00 feet; thence N 89° 28' 49" W,
parallel to said north line, 505.34 feet to a point on the westerly boundary of this
property; thence N 00° 31' 11" E, 170.00 feet, along said boundary to a point on said
north line and the centerline of Pacheco Road; thence S 89° 28' 49" E, 645.00 feet to
the point of beginning.
containing 4.540 acres, more or less.
3RtGINAL
R-1 Residential:
A portion of the Northeast Quarter of Section 20, T. 30 S., R. 28 E., Mount Diablo
Meridian more particularly described as follows:
Commencing at the northeast corner of said section, thence S 00° 24' 19" W, along the
easterly line of said section and the centerline of Cottonwood Road, 695.00 feet to the
True Point of Beginning of this description; thence S 00° 24' 19" W, along said easterly
line and centerline, 1946.00 feet to the east quarter corner of said section and the
intersection with Fairview Road; thence N 89° 30' 12" W, along the east-west centerline
of said section and the centerline of said Fairview Road, 1761.56 feet to the southwest
corner of this property; thence N 02° 15' 09" W, 415.13 feet along the west boundary of
said property; thence continuing along said boundary, N 05° 41' 31" E, 711.07 feet;
thence N 18° 02' 01" E, along said boundary, 249.63 feet; thence continuing along said
boundary, N 03° 35' 01" E, 262.67 feet; thence N 21° 27' 39" W, along said boundary,
186.64 feet; thence continuing along said boundary, S 89° 28' 49" E, 143.55 feet;
thence N 00° 31' 11" E, along said boundary, 202.00 feet; thence leaving said
boundary, S 89° 26' 49" E, parallel with the north line of said section, 505.34 feet;
thence S 00° 24' 19" W, parallel to the centerline of a proposed north-south street,
629.00 feet; thence S 89° 28' 49" E, 140.00 feet to last said centerline; thence along
said centerline, N 00° 24' 19" E, 104.00 feet; thence S 89° 28' 49" E, 755.00 feet to the
true point of beginning.
containing 81.733 acres, more or less.
'*)HiGINAi~
EXHIBIT 3
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.
Local Measures
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.
2. Cottonwood Rd/Casa Loma Dr - Add north and south bound left turn lanes, 7.54%
share.
Cottonwood Rd/¥Vhite Ln - Add north and south bound left turn lanes, 18.72%
share.
4. Pacheca 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. Full 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.
Regi~nel Transoortation Impact Fee
a) The study provided an analysis of the project share of the impact fee for the commercial
po~lion at $114,756 ($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.
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 GPA/ZC 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.~
AFFIDAVIT OF POSTING DOCUMENTS
STATE Of CALIFORNIA)
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 28th day of Au.qust , 2003 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4141 , passed by the
Bakersfield City Council at a meeting held on the 27th day of Au,qust 2003 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 124-20) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING OF CERTAIN PROPERTY BEING ANNEXED TO
THE CITY OF BAKERSFIELD FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 81.7 ACRES, A
(AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY)
ON 4.5 ACRES, AND A (AGRICULTURE) TO C-2
(REGIONAL COMMERCIAL) ON 12 ACRES LOCATED
ADJACENT ON THE WEST SIDE OF COTTONWOOD
ROAD, BETWEEN EAST PACHECO ROAD AND EAST
FAIRVIEW ROAD.
Is/PAMELA a. McCARTHY
City Clerk of the City of Bakersfield
oRIGINA~