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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 .--{ !