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HomeMy WebLinkAboutRES NO 200-03RESOLUTION NO. 200-0 8 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 03-0341 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF McKEE ROAD, GENERALLY BETWEEN WIBLE ROAD AND STATE HIGHWAY 99. (Ward 7). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Govemment Code, held a public hearing on MONDAY, September 15, 2003, and THURSDAY, September 16, 2003, on Case No. 03-0341 of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian. a local newspaper of general circulation; and WHEREAS, such General Plan Amendment No. 03-0341 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-0341: Floyd Hinesley applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from ER (Estate Residential) and R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on 19.11 acres and LR (Low Density Residential) on 20acras. The project site is located along the south side of McKee Road, generally between Wible Road and State Highway 99; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration with mitigation was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 132-03 on September 18, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment No. 03-0341 subject to conditions and mitigation listed in Exhibit '%" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; 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 Planning Commission 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: ORIGINAL 1.) 2,) 3.) 4.) 5.) 6.) 7.) Soil Quality Finding - The soil types of the project site (Kimberlina fine sandy loam, 0 to 2 pement slopes) 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. Availability of irrigation water Finding - The subject site is not unique for farmland in the area in having an adequate supply of domestic water for uses proposed. Therefore, the conversion of the project site to urbanization is appropriate for the project site and area. Proximity to non-agricultural uses Finding - The project site is located adjacent to an existing 60 acre residential subdivision with another 40 acre subdivision that has been recorded and being constructed. These subdivisions are east of the project site. Therefore, the conversion of the project site is the expansion of urban uses and appropriate for the area. Proximity to intensive oarcelization Finding - The areas east and southeast of the site are planned for residential development. Therefore, the conversion of the project site to urbanization is appropriate for the area. Effect on oroDerties subiect to "Williamson Act" land use contracts Finding - The project site is not under 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. Ability to be provided with urban services (sewer. water, roads, etc.) Finding - The City of Bakersfield has determined that the City will be able to provide all City services to the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area. Ability to affect the aDalication of ac~ricultural chemicals on nearby ac~ricultural properties Finding - In Kern County, farmers are required to obtain site-specific permits from the Kern County Agricultural Commissioner for the purchase and use of 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 2 ORIGINAL 8.) 9.) 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 Kem 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 located within a quarter mile of an existing residential subdivision. The properties to the east of the project site do not contain agricultural land. The project site is located within a quarter mile of a number of residential homes and other uses that may restdct aedal 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 orecedent-setting situation that leads to the oremature conversion of arime 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 a designated Arterial on the north, designated Collectors south and east, single family residential development on the east. Each of these factors provides a buffer that would prevent the project from prematurely converting agricultural land. Demonstrated oroiect need Finding - The proposal is a logical expansion of residential development in the southem portion of the City of Bakersfield. The project site is adjacent to an existing and future residential area. The existing city limit line is located adjacent along the north side of the project site, and the proposal is to annex the site to the City of Bakersfield. The Metropolitan Bakersfield General Plan encourages the ordedy outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. The proposal meets the objectives and policies of the Housing Element by providing 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 Artedal designation on the north, Collector designations on the south and east, single family residential development on the east. These factors will serve as buffers for adjacent agricultural land. Therefore, the conversion of the project site to urbanization is appropriate for the area. 3 ORIGINAL 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, November 5, 2003, on the above described General Plan Amendment No. 03-0341 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 cimulation; and WHEREAS, the Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 03-0341 is hereby recommended for approval. The General Plan Amendment 03-0341 is hereby approved to HMR (High Medium Density Residential) on 19.11 acres and LR (Low Density Residential) on 20 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure can easily be extended to accommodate the types of density and intensity of the development. As to General Plan Amendment 03-0341 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from ER (Estate Residential) and R-IA (Resource- Intensive Agriculture) to HMR (High Medium Density Residential) on 19.11 acres and LR (Low Density Residential) on 20 acres, as requested by the applicant and shown on attached map in Exhibit "B", located at the south of McKee Road, generally between Wible Road and State Highway 99, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment No. 03-0341 is hereby approved and adopted. The report of the Planning Commission, including maps and ail 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 General Plan Amendment No. 03- 4 ORIGIN~,L 0341 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located along the south side of McKee Road, generally between Wible Road and State Highway 99, subject to conditions of approval shown on Exhibit That Case No. 03-0341, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. This Resolution shall not become effective until December 10, 2003, at such time as other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. 5 I HEREBY CERTIFY that the foregoing Resolution was passe'Lo"'" "'~'"'~ed by the Council of the City of Bakersfield at a regular meeting thereof held on ~OV 0 I~ Zflll3 , by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER CITY CLERK and Ex Officio,,~erk of the Council of the City of Bakersf~ld APPROVED NOV 0 5 Z003 HARVEY L. HALL MAYOR of the City of Baker§field APPROVED as to f.o_.~: VIRGINIA GENNA~E) City Attorney '" r/ ,..,J ,.// / Attachments: EXHIBIT "A" - Conditions of Approval. EXHIBIT "B"- Map. MO:djl 11/05/03 S:\GPA 3rd 2003\03-0341\ResolutJons~res,gpa_cc 1.doc ORIGINAL EXHIBIT A CONDITIONS OFAPPROVAL ORIGINAL EXHIBIT A Conditions of Approval General Plan AmendmentJZone Change No. 03-0541 If human remains are discovered at any time on the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code) and the local Native American community, shall be notified. (Mitigation Measure). According to the Cursory Air Quality Analysis for the proposal, the residential units constructed on the project site shall not have any wood burning stoves. (Mitigation Measure). If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation Measure). If service requirements exceed the capability of the California Water Service Company, or if the extension of facilities is necessary, water service to the site shall be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure). Prior to an application being deemed complete for any project on the site, provide approved, executed street right of way deeds for McKee Road and Hughes Lane to collector standards adjacent to the project site. (Public Works Condition). Prior to tentative approval of a development on or division of the project site the following shall be done, provide dedication to collector standards for McKee Road between the General Plan Amendment/Zone Change site and Wible Road. If the developer/subdivider cannot obtain the right of way, then he/she shall post the required upfront costs for eminent domain proceedings and enter into an agreement with the City and pay all costs for obtaining the right of way. submit to the City Engineer for review and approval a sewer study to show how municipal sewer service will be provided to the entire site. The study shall provide 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. indicate easements or offers of dedication necessary to permit implementation of the study such as major sewer line alignments and lift station sites, if any. (Public Works Condition). ORIGINAL Exhibit A-1 Conditions of Approval GPA/ZC 03-0341 Page 2 If any new pump stations arc rcquircd to provide service to any site within this application, then an economic analysis shall be submitted to the City Engineer for the operation and maintenance over the expected life of the pump station and, prior to acceptance by the City of any new pump station, a fee shall be paid to the City based on the economic analysis for the station' s operation and maintenance. (Public Works Condition). Existing canals or irrigation ditches shall be located outside of proposed street rights of way. As required by Ordinance, provide subrogation of rights of easement holders to the City prior to recording any subdivision. (Public Works Condition). The developer of the project site shall submit a comprehensive drainage study to be submitted to and approved by the City Engineer with drainage from the forty acres contained in one rctention basin. Site any drainage rctention facility on the periphery of the General Plan Amendment/Zone Change area to facilitate future expansion or consolidation of drainage facilities as adjacent areas develop. The study shall be approved by the City Engineer and any rcquired retention site and necessary easements dedicated to the City. Provide soil tests for the retention site to show it will drain within the required time period and submit an easement for the ultimate rctention basin site, along with necessary easements for the transportation of drainage water to the site. (Public Works Condition). 10. The entire arca covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. (Public Works Condition). 11. Prior to submittal of any development plan, tentative subdivision, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area, the applicant shall pay all fees for inclusion in the Consolidated Maintenance District. (Public Works Condition). 12. It appears there is dedication for a local strcet off Wible Road (Parcel Map 3352) in the alignment of the south boundary of the GPAJZC project site. Upon division of the property, provide a road along the south boundary of the site to facilitate circulation in the area. (Public Works Condition). 13. Development on the project site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building 3ermits. (Public Works Condition). MO:djl S:\GPA 3rd 2003~03-O341~Admin SR\Exh A - Cond.doc ORIGINAL EXHIBIT B LOCATION MAP ORIGINAL W UJ ORtGINA