HomeMy WebLinkAboutRES NO 184-04RESOLUTION NO. I 84'04
RESOLUTION MAKING FINDINGS, APPROVING
THE MITIGATED NEGATIVE DECLARATION AND
ADOPTING GENERAL PLAN AMENDMENT
03-1473 OF PROPOSED AMENDMENT TO THE
LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN,
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
THURSDAY, MARCH 18, 2004 on General Plan Amendment 03-1473 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 03-1473 of the proposed
amendment 1o the Land Use Element of the Metropolitan Bakersfield General Plan is as
follows:
General Plan Amendment 03-1473
An amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan changing the land use designation
from R-IA (Resource-Intensive Agriculture) to LR (Low Density
Residential) on 60 acres for that site located along the north
side of Panama Lane, approximately one-fourth mile west of
Buena Vista 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 Mitigated Negative Declaration 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. 15-04 on March 18, 2004, the Planning
Commission recommended approval and adoption of General Plan Amendment 03-1473
subject to conditions and mitigation measures listed in Exhibit A1 and this Council has fully
considered the finding made by the Planning Commission as set forth in that Resolution; and
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, May 12, 2004 on the above described General Plan Amendment 03-1473 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
circulation; and (3~ %,~J(~c.<2,'
.,
ORIGINAL
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings incorporated herein, are true and correct.
The Mitigated Negative Declaration for General Plan Amendment 03-1473 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 hereby approves and adopts General Plan Amendment 03-
1473 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan, constituting changes as shown on the map marked
Exhibit A2, attached hereto and incorporated as though fully set forth, for
property generally located along the north side of Panama Lane, approximately
one-fourth mile west of Buena Vista Road, subject to mitigation
measures/conditions of approval shown on Exhibit Al.
That General Plan Amendment 03-1473, approved herein, be combined with
other approved cases described in separate resolutions, to form a single Land
Use Element Amendment.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
Public safety, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
This project will eliminate 60 acres from agricultural production. Policy number
14 of the Conservation Element of the Metropolitan Bakersfield General Plan
requires analysis to determine agricultural impact. Policy number 14 and findings
(in italics) addressing the policy items are as follows:
Policy No. 14
When considering proposals to convert designated agricultural lands to non
agricultural lands to nor-agricultural use, the decision making body of the City
and County shall evaluate the following factors to determine the appropriateness
of the proposal;
Soil quality - The soil type of the subject site is Kimberlina fine sandy
loam, 0 to 2 percent slopes. This soil meets the requirement for prime
farm land if irrigation water is available. Limitations include overirrigating
and leaching of plant nutrients. The subject site does not present a
unique soil type for this area.
The conversion of the project site to urbanization is appropriate for the
area.
2
ORIGIN.aL
Availability of irrigation water - The subject site is not unique for farmland
in the area in having an adequate supply of irrigation for agricultural
production.
The conversion of the project site to urbanization is appropriate for the
area.
Proximity to non-agricultural uses - Approximately one-fourth mile east of
the subject site, along the east side of Buena Vista Road between
Pacheco Road and Panama Lane, there are existing single-family
subdivisions, and the land is being prepared for single-family subdivision
development (i.e. land is being graded and curbs and gutters are have
been constructed).
The conversion of the project site to urbanization is appropriate for the
area.
Proximity to intensive parcelization - Section 19, T30 S, R27 E, located
approximately one-fourth mile east of the subject site has been
intensively subdivided for single-family dwellings (see Proximity to non-
agricultural uses above).
The conversion of the project site to urbanization is appropriate for the
area.
Effect on properties subject to "Williamson Act" land use contracts - The
subject site is not under a Williams Act Contract. Subject site is located
in Section 24, T 30 S, R 26 E. In this section, there is only one parcel in
a Williams Act Contract. Such parcel (APN 524-170-09) consists of
76.67 acres and is located along the subject site's east boundary and
along the northwest comer of Buena Vista Road. 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.
The conversion of the project site to urbanization is appropriate for the
area.
Ability to be provided with urban services (sewer, water, roads, etc.)
The City of Bakersfield has determined that the City will be able to
provide all City services to the project site.
The conversion of the project site to urbanization is appropriate for the
area.
Ability to affect the application of agricultural chemicals on nearby
agricultural properties
3
OR GINAL
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 property located along the northwest comer of Buena Vista Road
and Panama Lane (Williams Act Contract site) is prohibited from the
aerial application of restricted due to the existence of sing/e-family
subdivisions located along the east side of Buena Vista Road and the
existence of the Buena-Vista Elementary School located at the southwest
corner of Buena Vista Road and Panama Lane. Upon development of
the subject site to single-family dwellings such application would not be
a/lowed within a quarter mile of the subject site. 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
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
Subject site is located in the southern and westward path of the City's
growth pattern. This is evidenced by the existing and proposed
residential development located along the east side of Buena Vista Road
between Pacheco Road and Panama Lane. This growth pattern is
expected to continue and will accommodate population growth of the
City. Other urban type land use designations are located approximately
one-half mile west of the subject site. The project is located inside the
City limits, and the City can provide public services (i.e. water, sewer,
police and fire protection services, refuse collection, etc,).
The need for new housing and the proximity of urban land use
designations makes "mute" this portion of policy number 14.
The conversion of the project site to urbanization is appropriate for the
area.
4 D
ORIGINAL
· Demonstrated project need
This project is a logical extension of residential development. Project site
is approximately one-fourth mile west of Section 19 which is rapidly
developing to single-family dwellings. Land use designations and zoning
districts in Section 19 are as follows: (shown As Land use
designation/zoning district) LR/R- l/R- I CH, GC/C- 1, C-2, C-2 PCD and
HMR/R-2. The city limits is located along the subject site's south
boundary. 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 meets the objectives and policies of the Housing Element
by locating the residential development in close proximity to commercial
development that would provide housing, services, housing and
employment. This is evident by the proximity of commercial and
residential land uses designations/zoning located in Section 19, located
approximately one-fourth mile east of the subject site and within the
incorporated City area. Approximately 320 acres of GC designated land
is located one-half mile west of the subject site in the unincorporated
County area. The proposal complies with the General Plan's criteria.
· Necessity of buffers such as lower densities, setbacks, etc.
Buffers includes both a Circulation Element designated arterial (Panama
Lane) along the subject site's south boundary and a designated collector
along the site's west boundary. The City of Bakersfield Zoning Ordinance
Section 17.08.150 requires a special dwelling setback of 50 feet for any
dwelling in a residential zone which adjoins an agriculture zone. These
factors will serve as buffers for adjacent agricultural land.
The need for new housing and the proximity of urban land use
designation, one-fourth mile to the east and one-half mile to the west,
makes "mute" this portion of policy number 14.
The conversion of the project site to urbanization is appropriate for the
area.
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 of the Sate of California 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.
5
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
Bakersfield as follows:
correct.
1. The above recitals and findings incorporated herein, are true and
2, The Mitigated Negative Declaration for General Plan Amendment 03-
1473 is hereby approved and adopted.
3. 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.
4. The City Council hereby approves and adopts General Plan Amendment
03-1473 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, constituting changes as shown on the map marked Exhibit A2, attached hereto
and incorporated as though fully set forth, for property generally located along the north side of
Panama Lane, approximately one-fourth mile west of Buena Vista Road subject to mitigation
measures and conditions of approval shown on Exhibit Al.
5. That General Plan Amendment 03-1473, approved herein, be combined
with other approved cases described in separate resolutions, to form a single Land Use
Element Amendment.
......... 000 .........
ORIGINAL
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
~A¥ _/ ~ _?~04 by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER.
COUNClLMEMBER
COUNClLMEMBER
PAMELA A. McCARTHY, Cl~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED M~,Y ~L 2 ~_D04
APPROVED as to form
VIRGINIA GENNARO
Attachments:
Exhibit A1 Mitigation/Conditions
Exhibit A2 GPA Map
ORIGINAL
EXHIBIT A 1
MITIGATION
GENERAL PLAN AMENDMENT/ZONE CHANGE 03-1473
PLANNING
Cultural
If any human remains are discovered, all work shall stop until the Kern
County Coroner has been notified and has evaluated the remains. If any
other archaeological artifacts are discovered during site development, all
work shall stop until the find has been evaluated by a qualified
archaeologist or historian.
If cultural resources are unearthed during ground disturbance activities, all
work shall halt in the area of the find. A qualified professional
archaeologist shall be called in to evaluate the findings and make the
appropriate mitigation recommendations.
If the Southern San Joaquin Valley Information Center, CSUB has
recommended that a qualified archaeologist conduct a field survey of the
entire 60 acre site in order to determine if cultural resources exist, such
study shall be submitted to the Planning Director with each of the following
applications: parcel map, tract map or site plan review.
Air Quality
The proposed project will have air pollution emissions associated with the construction
and occupied use of the project site.
Mitigation Measures for Construction Equipment Exhaust
1. The following mitigation measures should be utilized during the construction
phase of the project to reduce construction exhaust emissions. These mitigation
measures are stated in the GAMAQI guidance document as approved mitigation for
construction equipment:
a. Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
OR GI~AL
c. Encourage ride sharing and use of transit transportation for construction
employee commuting to the project sites.
d. Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
e.
Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing of construction activity during the peak-hour of vehicular
traffic on adjacent roadways.
2. Mitigation Measures for Fugitive Dust Emissions
Construction of the project required the implementation of control measures set forth
under Regulation VIII, Fugitive PM~0 Prohibitions of the San Joaquin Valley Air Pollution
Control District. The following mitigation measures, in addition to those required under
Regulation VIII, can reduce fugitive dust emissions associated with these projects:
Ali disturbed areas, including storage piles, which are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions using
water, chemical stabilizer/suppressant, covered with a tarp or other suitable
cover, or vegetative ground cover.
b. Ail onsite unpaved roads and offsite-unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill,
and demolition activities shall be effectively controlled of fugitive dust emissions
utilizing application of water or by presoaking.
When materials are transported offsite, all materials shall be covered, or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained.
All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday. (The use of dry rotary
brushes is expressly prohibited except where preceded or accompanied by
sufficient wetting to limit the visible dust emissions. Use of blower devices is
expressly forbidden).
Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizer/suppressant.
g. Within urban areas, trackout shall be immediately removed when it extends 50 or
more feet from the site and at the end of each workday.
ORIGINAL
Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District Rule 4641 and restrict the use of cutback, slow-cure and
emulsified asphalt paving materials.
j. Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
k. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
I.
Wash off construction and haul trucks to minimize the removal of mud and dirt
from the project sites.
PUBLIC WORKS
Traffic Mitiqation
Future Street and Local ation
.... r ................ Local Mitigation ro ect%
Total Improvements (Improvements not Share for Local
# Intersection Required by 2024 covered by RTIF) Mitigation
1 Buena Vista Rd & See Intersection 1 _ _
White Ln Note
2 Buena Vista Rd & Install Signal - 1 EBL, 1 EBL 4.35%
Campus Park Dr I NBL (7.14%)
3 Buena Vista Rd & Install Signal - 1 EBL, _ -
Pacheco RD 1 WBL, 1 NBL, I SBL
4 Buena Vista Rd & Install Signal - 1 WBL, 1 WBL 5.91%
Pensinger Rd I SBL (9.71%)
5 Barlow Rd & Install Signal- 1 EBL, I NBL, 1 SBL 18.91%
Panama Ln 1 WBL, 1 NBL, 1 SBL (24.8%)
6 Buena Vista Rd & Install Signal - 1 EBL, _ _
Panama LN 1 WBL, I NBL, 1 SBL
7 Mountain Vista Install Signal- 1 EBL, I NBL, 1 SBL 6.04%
Rd & Panama Ln 1 WBL, 1 NBL, 1 SBL (8.4%)
8 Old River Rd & Install Signal- 1 EBL,
Panama Ln 1 WBL, 1 NBL, 1 SBL
Traffic Mitigation Continued
9 Progress Rd & Install Signal- 1 EBL, Install Signal- 1 5.01%
Panama Ln 1 WBL, 1 NBL, I SBL NBL, 1 SBL (7.12%)
10 Gosford Rd & Install Signal- 1 EBL,
Panama Ln 1 EBT, 1 WBL, 1 NBL,
2 SBL
(%) Caltrans percent share calculation method
NB= Northbound
SB= Southbound
WB=Westbound
EB=Eastbound
L = Left-Turn Lane
T = Through Lane
R = Right=Turn Lane
Intersection 1 Note: No lane additions necessary. Intersection operates at a LOS C with modifications of signal
phasing to include overlap between the WBR and SBL.
Conditions
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
Provide fully executed dedication for Panama Lane to arterial
standards with class II bike lane for the full frontages of the area within
the GPA request. Dedications shall include sufficient widths for
expanded intersections and additional areas for landscaping as
directed by the City Engineer. Submit a current title report with the
dedication documents.
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.
Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through
development under the new land use and zoning.
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.
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.
With development or division, install traffic signal interconnect conduit, conductor,
and pull boxes along the north side of Panama Lane.
ORIGINAL
A culvert shall be installed on the north side to widen Panama Lane to arterial
standards at the canal crossing.
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 Mitigation
Pay the proportionate share of the following local mitigation measures (not paid
for by the Regional Transportation Impact Fee - RTIF nor included with normal
development improvements) as indicated in Table 7 of the traffic study . 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.
Buena Vista Road/Campus Park Drive - add east bound left turn lane, 7.14%
share
Buena Vista Road/Pensinger Road - add west bound left turn lane, 9.71% share
Barlow Road/Panama Lane - add north and south bound left turn lanes, 24.8%
share
Mountain Vista Road/Panama Lane - add north and south bound left turn lanes,
8.4% share
Progress Road/Panama Lane - Install traffic signal, add north and south bound
left turn lanes, 7.12% share
Regional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development, for the
residential portions.
S:\Dole\03-1473\EXHIBIT A 1 Mitigation,doc
m
z
m
m
Z
.--{
!