HomeMy WebLinkAboutRES NO 048-04RESOLUTION NO. ~
RESOLUTION MAKING FINDINGS, APPROVING THE
CANCELLATION OF LAND USE RESTRICTIONS OF A
LAND CONSERVATION CONTRACT (WlLLIAMSON ACT)
ON CERTAIN PROPERTY LOCATED BETWEEN RIENA
ROAD AND KRATZMEYER ROAD, GENERALLY WEST OF
ALLEN ROAD. (GOVERNMENT CODE SECTION 5t282).
(Ward 4).
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, December 15,
2003, and THURSDAY, December 18, 2003, on Case No. 03-1228 of a proposed cancellation ora Land
Conservation Contract (Williamson Act) on that certain property being annexed to the City of
Bakersfield, 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 proposed cancellation is as follows:
Williamson Act Contract Cancellation:
Marino & Associates for King-Gardiner Farms, applied to cancel the Land
Conservation Contract (Williamson Act) on 80 acres. The project site is located
between Kratzmeyer Road and Reina Road, generally west of Allen Road; 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, the requested cancellation covers 80 acres located the west half of the southeast
quarter of Section 11, Township 29 South, Range 26 East, Mount Diablo Meridian; and
WHEREAS, the subject property is also part of an annexation to the City of Bakersfield and to
North of River Sanitary District; and
WHEREAS, the subject property is also part of a detachment from the North Kern Water Storage
District; and
WHEREAS, the project site contains approximately 80 acres; and
WHEREAS, the subject site is also part of a General Plan AmendmentJZone Change (GPA/ZC
03-1228) to allow the development of residential uses on the site; and
WHEREAS, the applicant for the property owner has indicated the purpose of the request is to
develop single family residential within the City of Bakersfield limits; and
WHEREAS, the property lies within the path of development with approved urban development
projects in progress; and
WHEREAS, said urban development projects as well as local govemment agency efforts have
extended supporting utilities and infrastructure adjacent to the property; and
WHEREAS, the cancellation is for land on which a notice of nonrenewal has been served
pursuant to Section 51245 of the Government Code, said notice was recorded on December 18, 2001,
as Document No. 0201188955 in the Office of the Kern County Recorder; and
WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands
from agricultural use, since there is no evidence in the record to suggest that this project will be
precedent setting, and no comments were received to indicate there might be other lands removed from
Contract, with remaining cultivated properties being unaffected; and
WHEREAS, the cancellation is for an altemative use which is consistent with the Metropolitan
Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 03-1228; and
WHEREAS, the cancellation will not result in discontiguous patterns of urban development since
adjacent lands are developed or approved for urban development and the property lies within the path
of rapid urban development and between two approved urban projects; and
WHEREAS, the there is no proximate noncontracted land which is both available and suitable
for the use to which it is proposed or that development of the contracted land would provide more
contiguous patterns of urban development than development of proximate noncontracted lands. The
project is located between approved urban projects and will result in a more contiguous pattem of urban
development than other, noncontracted lands farther from existing urbanized lands; and
WHEREAS, that pursuant to Section 51283 of the Government Code, the Kem County Assessor
has determined the full market value of the land with respect to which the cancellation is requested, as
though it was free of the contractural restriction, and has certified to this City Council that the amount
thereof is $30,000.00 per gross acre, and that the most recently announced Kern County assessment
portion is 100%, and that the cancellation fee is $300,000.00 for the 80 gross acres or $3,750.00 per
gross acre if phased, and has certified that there are no additional deferred taxes under Government
Code Section 51283; and
WHEREAS, the request for the cancellation of the Land Conservation Contract by Jim Marino for
King-Gardiner Farms, was duly heard and considered by the Planning Commission at a public hearing
held December 18, 2003; and
WHEREAS, that the proposed Zone Change No. 03-1228 for the property, is conditioned upon
the payment of the fee calculated by the Kern County Assessor noted above, prior to any further
urbanization of the property; and
WHEREAS, by Resolution No. 172-03 on December 18, 2003, the Planning Commission
recommended approval and adoption of the cancellation of the Land Conservation Contract (Williamson
Act) subject to conditions listed in Exhibit "A' and this Council has fully considered the findings made by
the Planning Commission as set forth in that Resolution; and
2
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,
February 25, 2004, on the above described proposal, notice of time and place of the headng having
been given at least ten (10) calendar days before the hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; 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 pdor wdtten agreement to comply with all adopted mitigation
measures contained within the Negative Declaration.
That a Negative Declaration for the proposed cancellation of the Land Conservation
Contract (Williamson Act) is hereby recommended for approval.
That the City Council has, pursuant to Section 51282 of the Government Code,
made the required findings to approve the cancellation of the Land Conservation
Contract.
That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the proposed development.
As to the cancellation of the Land Conservation Contract (Williamson Act) on the 80
acres, as requested by the applicant and shown on the attached map in Exhibit "B",
located south of Kratzmeyer Road to Reina Road, generally west of Allen Road, the
City Council hereby adopts such cancellation, subject to prior approval of General
Plan Amendment 03-1228 and Zone Change 03-1228 and subject to conditions of
approval shown on Exhibit "A".
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 the Williamson Act Cancellation is hereby approved
and 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 has made findings pursuant to Section 51282 of the Government
Code.
3
ORIGINAL
The City Council hereby approves and adopts the cancellation of the Land
Conservation Contract (Williamson Act) on 80 acres being annexed to the City of
Bakersfield located south of Kratzmeyer Road to Reina Road, generally west of
Allen Road, subject to conditions of approval shown on Exhibit "A".
I HEREBY CERTIFY that the foregoing Resolution was passed ~i~a~ct~t~ll31~y the
Council of the City of Bakersfield at a regular meeting thereof held on '"'" ~'" "'~'~ , by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER
FEB 2:5 2004
APPROVED
--?,,../ /, y/'
HAI~EY L. HALL
MAYOR of the Ci~ of Bakersfield
CITY CLERK and Ex Officio,i~erk of the
Council of the City of BakersfiLfld
APPROVED as to form:
VIRGINIA GENNARO?
City Attorney
ATTACHMENTS:
EXHIBIT "A" - Conditions
EXHIBIT "B" - Location Map
MO:djl
S:\GPA 4th Qtr 2003\03~1228\Resolution\res,Williamson_cc.doc
4
ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan AmendmentJZone Change No. 03-t228
Prior to any further urbanization of the project site, the payment of the fee calculated by the Kem
County Assessor's Office, the calculated fee is $300,000.00 for the 80 acre site or $3,750.00 per
gross acre, if phased. (Condition).
A maximum of 250 dwelling units shall be developed for the GPA/ZC site. This is based on the
Air Quality analysis for the project (page 7). (Condition).
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. In the absence of any
archaeological resource on the project site, should any archaeological resources are
encountered dudng the course of construction, a qualified archaeologist shall be consulted for
further evaluation. (Mitigation Measure).
If the service requirements exceed the capability of the California Water Service Company's
existing facilities or if the extension of the facilities is necessary, service would be provided in
accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations.
(Mitigation Measure).
The applicant shall complete the following improvements prior to recordation of any subdivision
on the project site. The Intersection Level Of Service (LOS) with mitigation improvements are
shown on the below Tables 1,2 and 3. (Mitigation Measure).
Table 1
Intersection Level of Service - PM Peak Hour
Signalized Intersections
Intersection
Calloway & Olive Dr
Allen & Rosedale Hwy
2003
B
C
2003+
Project
B
2023
B
C E E
2023+ 2023+
Project Project w/Mitigation
B -
C
Table 2
Intersection Level of Service - AM Peak Hour
Signalized Intersections
Intersection
Allen & Rosedale Hw¥
2002
C
2002+
Project
C
2023
F
2023+
Project
F
2023+
Project w/Mitigation
C
ORIGrNAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 2 of 7
Table 3
Intersection Level of Service - PM Peak Hour
Unsignalized Intersections
# Intersection Movement 2003 2003+ 2023 2023+ 2023+ Project
Project Project w/Mitigation
1 Allen Rd & Snow Rd WB B B F F C
2 Rudd Rd & Kratzmeyer Rd SB A A B B -
3 Jenkins Rd & Kratzmeyer Rd Overall Intersection A A A -
4 Allen Rd & Olive Dr EB, WB B, A C, B F, F F, F C
5 Old Farm Rd & Olive Dr Overall Intersection B B B
6 Jewetta Ave & Olive Dr EB, WB B, - B, - F, F F, F C
7 Verdut~o Ln & Olive Dr NB, SB A, A A, A B, A B, A B
9 Santa Fe Wy & Reina Rd EB, WB B, B B, C E, E E, F B
10 Renfro Rd & Santa Fe Wy NB B B C C -
11 Jenkins Rd & Reina Rd Overall Intersection A A A -
12 Allen Rd & Reina Rd EB, WB B,B C,C F,F F,F C
13 Allen Rd & Noriega Rd WB B B D E A
14 Santa Fe Wy & Hageman Rd Overall Intersection E E F F C
15 Allen Rd & Hageman Rd SB C D F F, F B
16 Old Farm Rd & Hageman Rd NB, SB B, C C, C F F C
17 Jewetta Ave & Hageman Rd Overall Intersection E F F F C
18 Allen Rd & Meacham Rd EB C D F F B
Intersection street improvements for the year 2023, which are needed to maintain or improve the
operational level of service of the street system in the vicinity of the project are shown in the
Table 4 below. The table also identifies those improvements not covered by the regional
Transportation Impact Fee (RTIF) program and the project's percent share for the cost of all
non-RTIF (local mitigation) improvements. These improvements shall be completed by the
applicant pdor to recordation of any subdivision on the project site. (Mitigation Measure).
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 3 of 7
Table 4
Future Street Improvements and Local Mitigation Percentages
# Intersection Total Improvements Required by Local Mitigation Project %
2023 (Improvements not Share for
covered by RTIF) Local
Mitigation
1 Allen Rd & Snow Rd Install Signal - 1 WBR, 1 SBL 1 SBL 1.88%
4 Allen Rd & Olive Dr Install Signal - 1 EBL, 1 WBL, 1 1 NBL, 1 SBL 6.34%
NBL, 1 SBL
5 Old Farm Rd & Olive Dr Install Signal - 1 EBL, I WBL, I 1 NBL, 1 SBL 7.32%
NBL, I SBL
6 Jewetta Ave & Olive Dr Install Signal - 1 EBL, I WBL, 1 - -
NBL, l SBL
7 Verdugo Ln & Olive Dr Install Signal - -
9 Santa Fe Wy & Reina Rd Install Signal I EBL, I WBL, 1 NBL, Install Signal - 1 EBL, 1 3.6%
I SBL WBL, 1 NBL, ! SBL
12 Allen Rd & Reina Rd Install Signal - I EBL, 1 WBL, 1 1EBL, IWBL, 1NBL, I 7.67%
NBL, 1 SBL, I SBR SBL, 1 SBR
13 Allen Rd & Noriega Rd Install Signal - ! WBR, 1 SBL 1 WBR, 1 SBL 9.85%
14 Santa Fe Wy & Hageman Install Signal - I EBL, 2 WBL, I 1 NBL 3.21%
NBL, 1 SBL
15 Allen Rd & Hageman Rd Install Signal - 1 EBL, 1 SBR - -
16 Old Farm Rd & Hageman Install Signal- 1 EBL, 1 WBL, 1 NBL 1 WBL, 1 NBL 3.3%
17 Jewetta Ave & Hageman Install Signal - 1 NBL I NBL 2.14%
18 Allen Rd & Meacham Install Signal - I EBR, I SBR 1 EBR, I SBR 2.98%
19 AllenRd&RosedaleHwy I EBL, I EBT, I WBL, I WBT, 1 1SBL 1.59%
NBL, 1 NBT, 1 SBL (4.72%)
With submittal of a land division or Lot Line Adjustment application, provide dedication of
Kratzmeyer Road and Reina Road to artedal and collector standards, including expanded
intersections.
5.a
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.
5.b
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.
5.c
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~:3~
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 4 of 7
11.
Access to the artedal 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.
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 Distdct 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.
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee - RTIF) as indicated in Table 7 of the traffic study. An estimate and
fee schedule should be developed by the applicant and approved pdor to recordation of a map
or issuance of a building permit.
Allen Road/Snow Road - Add south bound left turn lane, 1.88% share
Allen Road/Olive Drive - Add north and south bound left turn lanes, 6.34% share
Old Farm Road/Olive Drive - Add north and south bound left turn lanes, 7.32% share
Santa Fe Way/Reina Road - Install signal, add north, east, south and west bound left tum lanes,
3.6% share
Allen Road/Reina Road - Add north, east, south and west bound left turn lanes, south bound
right turn lane, 7.67% share
Allen Road/Noriega Road - Add west bound right and south bound left turn lanes, 9.85% share
Santa Fe Way/Hageman Road - Add north bound left turn lane, 3.21% share
Old Farm Road/Hageman Road - Add west and north bound left turn lanes, 3.3% share
Jewetta Avenue/Hageman Road -Add north bound left turn lane, 2.14% share
Allen Road/Meacham Road - Add east and south bound right turn lanes, 2.98% share
Allen Road/Rosedale Hwy - Add south bound left turn lane, 4.72% share
Pay the standard residential fees, as adopted at time of development, for the residential portions.
The provisions of Rule 8011 are applicable to specified outdoor fugitive dust sources. This Rule
provides definitions, exemptions, requirements, administrative requirements, recordkeeping
requirements, and test methods that are applicable to all Rules under Regulation VIII.
(Mitigation Measure).
Rule 8021 applies to any construction, excavation, extraction and other earthmoving activities,
including but not limited to, land clearing, grubbing, scraping, travel on site, and travel on access
roads to and from the site. (Mitigation Measure).
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 5 of 7
12.
13,
14.
15.
16.
17.
18.
No person shall perform any construction, demolition, excavation, extraction, or other
earthmoving activity unless the appropriate requirements in Sections 5.1 and 5.2 are sufficiently
implemented to limit VDE21 to 21% opacity. (Mitigation Measure).
The developer of the site shall control the fugitive dust emissions to meet the requirements
below:
13a. Pre-water the site sufficient to limit VDE to 20% opacity.
13b. Phase the work to reduce the amount of disturbed surface area at any one time.
(Mitigation Measure).
The developer shall meet the following requirements dudng active operations:
14a. Apply water or chemical/organic stabilizers/suppressants sufficient to limit VDE to 20%
opacity.
14b. Construct and maintain wind barrierssufficienttolimitVDEto20%opacity. If utilizing
wind barriers, control measure above shall also be implemented.
14c. Apply water or chemical/organic stabilizers/suppressants to unpaved haul/access
roads and unpaved vehicle/equipment traffic areas sufficient to limit VDE to 20%
opacity and meet the conditions of a stabilized unpaved road surface.
(Mitigation Measure).
The developer shall meet the following requirements for temporary stabilization dudng pedods of
inactivity:
15a. Restrict vehicular access to the area
15b. Apply water or chemical/organic stabilizers/suppressants, sufficient to comply with the
conditions of a stabilized surface. If an area having 0.5 acres or more of disturbed
surface area remains unused for seven or more days, the area must comply with the
conditions for a stabilized surface area as defined by the SJVAPCD.
(Mitigation Measure).
The developer of the site shall meet all requirements of Rule 8011. (Mitigation Measure).
Since the project site is greater than 40 acres in size, the owner shall submit a Dust Control Plan
(DCP) to the San Joaquin Valley Air Pollution Control District (SJVAPCD) within 10 days pdor to
the commencement of any construction activity on the site. (Mitigation Measure).
The owner of the site shall provide wdtten notification to the SJVAPCD within 10 days pdor to
the commencement of earthmoving activities via fax or mail. (Mitigation Measure).
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 6 of 7
19.
20.
21.
22.
The developer shall provide a Dust Control Plan (DCP) which describes all fugitive dust control
measures to be implemented before, dudng and after any dust generating activity. Regardless
of whether an approved DCP is in place or not, or even when the owner/operator responsible for
the plan is complying with an approved DCP, the owner/operator is still subject to comply with all
requirements of the applicable rules under Regulation VIII at all times. (Mitigation Measure).
The DCP shall contain all of the following information as follows:
20a.
Name(s), address(es), and phone number(s) of person(s) and owner(s)/operator(s)
responsible for the preparation, submittal, and implementation of the DCP and
responsible for the dust generation operation and dust generating application.
20b. A plot plan, which shall show the type and location each project site.
20c. The total area of land surface to be to be disturbed, daily throughput volume of
earthmoving in cubic yards, and total area in acres of the entire project site.
20d. The expected start and completion dates of dust generating and soil disturbance
activities to be preformed on the site.
20e. The actual and potential sources of fugitive dust emissions on the site and the location of
bulk carryoutJtrackout may occur; and traffic areas.
20f.
Dust suppressants to be applied, including: product specifications; manufacturer's usage
instructions (method, frequency, and intensity of application); type number and capacity
of application equipment; and information on environmental impacts and approvals or
certifications related to appropriate and safe use for ground applications.
20g. Specific surface treatment(s) and /or control measures utilized to control material
carryout, trackout, and sedimentation where unpaved and / or access points join paved
public access roads.
(Mitigation Measure).
Rule 8041 shall be met by the developer and would apply to sites that are subject to Rule 8021
(Construction, Demotion, Excavation, Extraction, and other Earthmoving Activities), Rule 8031
(Bulk Materials) and Rule 8071 (Unpaved Vehicle and Equipment Traffic Areas) where carryout
or trackout has occurred or may occur.
21a. The owner shall sufficiently prevent or cleanup carryout and trackout as specified in
Sections 5.1 through 5.8 of the Rule.
Rule 8051 shall be met by the developer and would apply to open areas having 3.0 acres or
more of disturbed surface area that has remained undeveloped, unoccupied, unused, or vacant
for more than seven days. C~ o,,4XE-~
ORIG~.EAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page ? of ?
23.
24.
Whenever open areas are disturbed or vehicles are used in open areas, the owner/operator
shall implement one or a combination of control measures indicated below to comply with the
conditions of a stabilized surface at all times and to limit VDE to 20% opacity:
23a. In all open areas:
i. Apply and maintain water or dust suppressant(s) to all un-vegetated areas
sufficient to limit VDE to 20% opacity; or
ii. Establish vegetation on all previously disturbed areas sufficient to limit VDE to
20% opacity; or
iii. Pave, apply and maintain gravel, or apply and maintain chemical/organic
stabilizers/suppressants sufficient to limit VDE to 20% opacity.
23b. When there is vehicle use in open areas:
iv. Upon evidence of trespass, prevent unauthorized vehicle access by posting "No
Trespassing" signs or installing physical barriers such as fences, gates, posts,
and or other appropriate barriers to effectively prevent access to the area.
(Mitigation Measure).
North Bakersfield Recreation and Park District will need a 10-acre neighborhood park
somewhere near the northwest corner of the project site to serve this general area and other
anticipated development around the site. Park in lieu fees for this development could be offset
with a donation of a park site that meets the District's requirements, subject to approval by the
North Bakersfield Recreation and Park District. The developer shall demonstrate to the
Planning Director that this condition has been met, prior to recordation of a tentative tract on the
project site. The District would then be allowed to purchase the balance of the 10-acre
neighborhood park site. If the developer is unwilling to allow the use of 10-acres of their
development for a public park, park in lieu fees will be required to assist in mitigating the impact
to park and recreation services. Park development fees are also required. (Condition).
MO:djl
S:\GPA 4th Qtr 2003~03-1228~admin SR\Cond - Exh A.doc
OR G NAL
EXHIBIT B
LOCATION MAP
~VO~J ~JVJ GlO
ORIGI,k~L