HomeMy WebLinkAboutRES NO 239-04 39-04
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, APPROVING A
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. 04-0429 OF
PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN. LOCATED NORTH OF PANAMA
LANE TO PENSINGER ROAD, WEST OF BUENA VISTA
ROAD. (Ward 5).
WHEREAS, the Planning Commission of the City of Bakemfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, JUNE 14,
2004, and THURSDAY, JUNE 17, 2004, on Case No. 04-0429 of a proposed amendment to the
Land Use Element of the General Plan, notice of the time and place of headng having been given at
least twenty (20) calendar days before said hearing by publication in the Bakersfield Califomia__Qn, a
local newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. 04-0429 of the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0429:
Mclntosh & Associates for CENTEX HOMES applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of changes as
follows: Land Use Designation Amendment from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 77 acres. The project site is
located north of Panama Lane to Pensinger Road, 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
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. 76-04 on June 17, 2004, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-0429 subject to
conditions and mitigation listed in Exhibit NA" 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 .) Soil Quality
Finding - "Approval and implementation of the land use change will result in a loss of 77 total
acres of soil capability Class I irrigated agricultural land, and this loss is considered
insignificant."
"It is assumed that future development in the City would continue to include "prime" agricultural
soils that exist on the Valley floor. Page 11-4 of the Metropolitan Bakersfield General Plan states:
".... development of urban Bakersfield will be focused in ten new mixed use activity centers, in
the southwest (location of the subject property, northwest, and northeast...the southwest canter
is warranted due to its growth potential and its related impacts, impact on prime agricultural
lands, and potential to impact the Kern River corridor."
2.) Availability of ird(~ation water
Finding - "The subject property has one (1) water well at the southwest comer of Pensinger
Road and Buena Vista Road, and all of that water is used for irrigation of the crops on the site.
The subject property has one (1) domestic water well which is located behind the house, and all
of that water was used for the residence, but now the water is supplied by the City of
Bakersfield." Therafore, the conversion subject property to urbanization is appropriate for the
area.
3.) Proximity to non-aadcultural
Finding - The property is already in close proximity to non-agricultural uses, which have
encroached upon the site. Therefore, the level of significance of any impacts is considered
minimal due to existing restrictions and limitations placed on the growers because of the existing
nearby residential developments.
With respect to cumulative growth-inducing impacts, the Farmland Conversion Study for the
project identifies the potential conversion of 77 acres of farmland. It is not anticipated that this
proposed subject property will significantly impact additional lands to convert to urban uses as
those adjacent properties to the east."
"The subject property is significantly and unavoidably affected by the close proximity of
urbanized areas. Farming practices are restricted as to the manner of application and type of
chemicals, pesticides, and herbicides that can be utilized in the vicinity of these urbanized
areas. The subject property, as well as others in the area ara the next logical step for
urbanization in this area due to existing and pending development surrounding the property and
the significant impacts to the crop production."
4.) Proximity to intensive oarcelization
Finding -"A secondary impact occurs from urban encroachment to adjacent lands remaining in
agricultural production. Conflicts arise from the infringement of the new residential users, which
include people and animals, into the area. Development of this project could impact nearby
growers, however the level of significance of any impact is considered minimal due to existing
restrictions and limitations placed on the grower, along with the proximity of existing and futura
residential developments nearby. Properties within an approximate 2 mile radius have already
planned for the eventual urbanization of those lands by non-renewing their Willlamson land use<<
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ORIGINAL
contracts. The conversion of this property from agricultural use to residential use will not create
cumulative or growth-inducing impacts to other nearby farmlands as evidenced by the current
land use designations of those properties as indicated on the Bakersfield Metropolitan General
Plan. Although the agdcultursl lands in the general area currently producing agricultural crops,
the urban land use designation provides the evidence that urbanization is already planned."
"The subject property is significantly and unavoidably affected by the close proximity of
urbanized areas. Farming practices are restricted as to the manner of application and type of
chemicals, pesticides, and herbicides that can be utilized in the vicinity of these urbanized
areas. The subject property, as well as others in the area are the next logical step for
urbanization in this area due to existing and pending development surrounding the property and
the significant impacts to the crop production."
"The subject property is already in close proximity to non-agricultural uses, which have
encroached upon the site. Therefore, the level of significance of any impacts is considered
minimal due to existing restrictions and limitations placed on the growers because of the existing
nearby residential developments.
With respect to cumulative growth-inducing impacts, the farmland conversion report identifies
the potential conversion of 77 acres of farmland. It is not anticipated that this proposed subject
property will significantly impact additional lands to convert to urban uses as those adjacent
properties to the east."
5.) Effect on orooerties subject to "Williamson Act" land USe contracts
Finding - "A secondary impact occurs from urban encroachment to adjacent lands remaining in
agricultural production. Conflicts arise from the infringement of the new residential users, which
include people and domesticated animals, into the area. Development of this project could
impact nearby growers, however, the level of significance of any impact is considered minimal
due to existing restrictions and limitations placed on the grower, along with the proximity of
existing and future residential developments nearby. Properties within an approximate 2 mile
radius have already planned for the eventual urbanization of those lands by non-renewing their
Williamson land use contracts. The conversion of this property from agricultural use to
residential use will not create cumulative or growth-inducing impacts to other nearby farmlands
as evidenced by the current land use designations of those properties as indicated on the
Bakersfield Metropolitan General Plan. Although the agdculturel lands nearby are currently
producing agricultural crops, urban land use designation provides the evidence that urbanization
is already planned for the general area."
6.) Ability to be orovided with urban services (sewer. water, roads, etc.)
Finding - The subject property is adjacent to existing residential development within the City
limits, a water "will serve" letter has been provided for development of the project site.
Therefore, the conversion of the project site to urbanization is appropriate for the area.
7.) Ability to affect the aDDlication of aodcultural chemicals on nearby aaricultural OreDerties
Finding - "A secondary impact occurs from urban encroachment to adjacent lands remaining in
agdculturel production. Conflicts adse from the infringement of the new residential users, which
include people and animals, into the area. Development of this project could impact nearby
growers, however the level of significance of any impact is considered minimal due to existing ~ ~ ~K~-~
ORiGiNAL
restrictions and limitations placed on the grower.
"In an attempt to reduce complaints and unwarranted investigations undertaken by the Kem
County Department of Agdcultura, the following disclosure is suggested to be provided as part of
the transfer of properties:
"If your real property is adjacent to property used for agricultural operations, you may be subject
to inconveniences or discomforts adsing from such operations on any 24-hour basis. Said
discomforts may include, but shall not be limited to equipment noise, odors from manure and
other chemicals, and dust or smoke. It has been determined that in Kern County the use of real
property for agricultural operations is a high priority and a favored use to the County of Kern and
will not be considered a nuisance for those inconveniences or discomforts arising from
agricultural operations if such operations are consistent with accepted customs, standards, and
laws."
8,) Abilib/to create a orecedent-settino situation that leads to the premature conversion of
orime a(~ricultural lands
Finding - "The subject property is already in close proximity to non-agricultural uses, which
have encroached upon the site. Therefore, the level of significance of any impacts is considered
minimal due to existing restrictions and limitations placed on the growers because of the existing
nearby residential developments.
With respect to cumulative growth-inducing impacts, the farmland conversion report identifies
the potential conversion of 77 acres of farmland. It is not anticipated that this proposed subject
property will significantly impact additional lands to convert to urban uses as those adjacent
properties to the east."
9.) Demonstrated oroiect need
Finding - "The General Plan concludes that conversion of prime agricultural lands to urban
uses will result in a reduction of the regional agricultural economy and is considered to be a
significant adverse impact. A statement of overriding considerations for this impact was adopted
by the City and County when the General Plan was approved and certified. The General Plan
currently designates the subject property as R-IA (Resource-Intensive Agricultural). As defined
by the Califomia Land Conservation Act, this project would convert 80 gross acres of Prime
Farmland. The proposed amendment to the General Plan would convert the intended use of the
subject property from agriculture to urban and develop residential uses."
The proposal is a logical expansion of residential development in the southwest portion of the
City of Bakersfield. The project site is adjacent to existing and future residential uses. The
Bakersfield Metropolitan 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
cdteda.
10.) Necessib/of buffers such as lower densities, setbacks, etc
Finding - If residential developments do not include buffer zones in their design, adjacent to
agricultural fields, growers must sometimes allocate a portion of their land to the creation of a
buffer zone. As an example, growers might be required to refrain from spraying or harvesting o~A~.~%
4 >-
ORIGINAL
the outside rows of their crops. In those cases, buffer zones represent a loss to the farmer of
both crop production and income. However, with commercial development, a buffer zone may
include a parking lot or landscape area. Farmem can utilize their entire site for crop production if
the adjacent development is commercial or industrial in nature as these types of uses are not
considered to be sensitive receptors.
Boundaries and buffer zones are also required for organic farms. Boundaries of land for
certified organic farms must be cleady marked by permanent physical objects (i.e., roads,
fences, streams, etc.). Buffer zones are sometimes needed to protect certified crops from
contamination. Given the widespread use of toxic pollutants, preventative measures to stop the
contaminating of crops from sources beyond the grower's control may not always be possible.
Buffer zones can consist of a road, canal, walls, easements, setbacks, etc.
The future residential development of this subject property is not proposing the creation of a
buffer zone as the proposed development is intended to be similar to the adjacent subdivision
on the north and east. The agricultural lands to the west and south will be physically separated
by the construction of a 90' wide collector road, landscaping adjacent to the roads, along with a
solid wall or builder fence helps to create a buffer from the agricultural activities.
WHEREAS, the Council of the City of Bakemfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public headng on WEDNESDAY,
AUGUST 18, 2004, on the above described General Plan Amendment No. 04-0429 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of time
and place of the headng having been given at least ten (10) calendar days before the headng 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 General Plan Amendment No. 04-0429 is hereby
recommended for approval.
The General Plan Amendment 04-0429 is hereby approved to LR (Low Density
Residential) on 77 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 exists or can easily be provided to accommodate the types of
density and intensity of the development.
As to General Plan Amendment No. 04-0429 the recommended amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan, consisting of
changes to the land use designations from R-IA (Resource-Intensive Agriculture) to
LR (Low Medium Residential) on 77 acres, as requested by the applicant and shown
on attached map in Exhibit "B", located north of Panama Lane to Pensinger Road,
generally west of Allen Road, the Planning Commission hereby recommends
5
ORIGINAL
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. 04-0429 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.
That pursuant to Policy No. 14 of the Conservation/Soils and Agricultural Etement of
the Metropolitan Bakersfield General Plan the City Council made specific findings.
The City Council hereby approves and adopts General Plan Amendment No. 04-
0429 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 Kratzmeyer Road to Reina Road, generally west of
Allen Road, subject to conditions of approval shown on Exhibit "A".
That Case No. 04-0429, 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 September 8, 2004, at such time as
other General Plan Amendments are reviewed by the City Council of the City of
Bakersfield.
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 J[UG ~_ ~ ~.004 , by
the following vote:
COUNClLMEMBER COU(~H, ~ARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~ '(~.~r~_0..~
ABSTAIN: COUNCILMEMBER ~ ~
ABSENT: COUNClLMEMBER '-~"~ ..~)~r'~ .
APPROVED AUG ! 8 2004
CITY CLERK and Ex Offici0 ~lerk of the
Council of the City of Bakersfi~d
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
MO:djl
S:\GPA 2nd 2004~04-0429'~ResolutionsVes,gpa_cc,doc
ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan AmendmentJZone Change No. 04-042g
Prior to any further urbanization of the project site, the payment of the fee calculated by
the Kern County Assessor's Office, the calculated fee is $239,594.00 for the 80 gross
acre site or $2,994.93 per gross acre, if phased. (Condition).
The maximum of 310 dwelling units shall be developed for the GPA/ZC site.
(Condition).
The criteria pollutant most affected by proposed mitigation measures will be PM~0. As
the project will be completed in compliance with San Joaquin Valley Air Pollution Control
District (SJVAPCD) Regulation VIII, dust control measures will be taken to ensure
compliance specifically dudng grading and construction phases. The mitigation
measures to be taken are as follows:
a. Water exposed surfaces (soil) three-times/day.
b. Water all haul roads at a minimum of three times per day.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. Stabilize all disturbed areas, including storage piles, which are not being actively
utilized for construction purposes using water, chemical stabilizers or by covering
with a tarp, other suitable cover or vegetative ground cover.
e. Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut & fill operations with application of water or
by presoaking.
f. When transporting materials offsite, maintain a freeboard limit of at least six
inches and cover or effectively wet to limit visible dust emissions.
g. Limit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end or each workday. (Use of dry rotary brushes is prohibited
except when preceded or accompanied by sufficient wetting to limit visible dust
emissions and use of blowers is expressly forbidden).
h. Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizers/suppressants.
i. Remove trackout when it extends 50 or more feet from the site at the end of each
workday.
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 04-0429
Page 2 of 5
j. Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period).
k. Asphalt-concrete paving shall comply with the SJVUAPCD Rule 4641 and restrict
use of cutback, slow-cure and emulsified asphalt paving materials.
The Guide for Assessing and Mitigating Air Quality impacts (GAMAQI), January 10,
2002 Revision, guidance document lists the following measures as approved and
recommended for construction activities within the San Joaquin Valley as follows:
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended periods of time.
c. Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
d. Curtail use of high-emitting construction equipment during periods of high or
excessive ambient pollutant concentrations such as "Spare-the-Air" days as
declared by the SJVUAPCD.
e. Encourage construction employees to carpool or use shuttle to retail
establishments at lunch.
The URBEMIS emissions modeling program provides reductions attributable to a project
to reduce long term Area Emissions from the completed project. The Developer
proposes to install the following amenities that will result in lower long term Area
Emissions from the completed project:
a. Provide transit shelters/benches, signs, displays and turnouts (when local Transit
Authorities incorporate the project site into local transit routes).
b. Provide street lighting.
c. Provide pedestrian safety designs/infrastructure at crossings.
d. Provide pedestrian signalization and signage when and where appropriate.
No archaeological resources were identified on the project site, however, the section of
the Buena Vista Canal running through the project site is to be relocated along the
northern edge of the project area. If archaeological resources associated with the
OR~G1NAL
Exhibit A
Conditions of Approval
GPA/ZC 04-0429
Page 3 of 5
Buena Vista Canal relocation are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation and any measures shall
be complied with at that time.
The following improvements are required for the intersection of Stockdale Highway and
Old River Road to operate at or below a LOS "C":
a. Eastbound approach - widen from dual to three (3) left-tum lanes.
b. Westbound, Northbound, Southbound Approach - widen from dual to four (4)
left-turn lanes.
c. Eastbound, Westbound, Northbound, Southbound Approach - widen from three
(3) to four (4) through lanes.
d. Southbound Approach - widen from separate right to two (2) right turn lanes.
The following table shows the Project's Fair Share Percentage toward any future
improvements to the Stockdale Highway at Old River Road intersection. The Fair Share
Percentages were calculated by taking the Project trips and dividing by the total 2030
Project volumes for the given intersection. The formula used in calculating the City Fair
Share Percentages is:
Fair Share Percentage = Project only trips / (2030 Project volume)
Fair Share Percentages
Intersection Project 2030 Project Fair Share % 2030 Project
Stockdale Hwy & Old River 86 7,145 1.2
Road
Source: Traffic Study by TPG Consulting, Inc. Apdl 2004.
10.
11.
The developer shall constructJimprove Buena Vista Road, Panama Lane as arterials and
Pensinger Road as Collector, along the project frontage to City standards.
The developer shall pay the Regional Transportation Impact Fee in accordance with the
City Public Works Department.
In an attempt to reduce complaints and unwarranted investigations undertaken by the
Kern County Department of Agriculture, the following disclosure shall be provided as
part of any transfer of properties within the project site.
Exhibit A
Conditions of Approval
GPA/ZC 04-0429
Page 4 of 5
"If your real property is adjacent to property used for agricultural
operations, you may be subject to inconveniences or discomforts
arising from such operations on any 24-hour basis. Said discomforts
may include, but shall not be limited to equipment noise, odors from
manure, fertilizer, and other chemicals, dust and/or smoke. It has
been determined, in the Agricultural Farm Conversion Study for the
property, that in Kern County, the use of real property for agricultural
operations is a high priodty and a favored use to the Kern County and
will not be considered in the County as a nuisance for those
inconveniences or discomforts arising from agricultural operations if
such operations are consistent with accepted customs, standards,
permits, and laws."
12.
If human remains are discovered or identified on the project site at any time or during
site disturbance, work shall stop at the location of the find and the Kern County Coroner
shall be notified immediately (Section 7050.5 of the California Health and Safety Code
and Section 5097.98 of the California Public Resources Code which detail the
appropriate actions necessary for addressing the find) and the local Native Amedcan
community shall be notified immediately.
13.
Along with submittal of any development plan, tentative subdivision map, or application
for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Buena Vista Road, Pensinger Road and
Panama Lane to arterial and collector standards 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.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than two (2) sumps may be utilized to serve this area; these
sumps shall be located so that they may be available to serve adjacent areas as
they develop. If only one sump is utilized to serve this GPAJZC area, it need not
be so located. The study shall be approved and any required retention site and
necessary easements dedicated to the City.
c. 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.
m
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC O4-0429
Page 5 of 5
14.
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.
15.
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
Consolidated 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.
16.
Pay the proportionate share of the following mitigation measures as indicated in Table 2
cf the Traffic Study for the project.
17.
Old River Road/Stockdale Highway - add east and west bound through turn lanes
(striping only), 9% project share of new traffic.
18.
Pdor to development or recordation of any subdivision the project engineer shall
prepare, and have approved, an estimate and fee schedule for these local mitigation
items.
19. Pay the standard residential fees, as adopted at time of development.
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ORIGINAL