HomeMy WebLinkAboutRES NO 240-04 240-04
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, APPROVING THE
CANCELLATION OF LAND USE RESTRICTIONS OF A
LAND CONSERVATION CONTRACT (WILMAMSON ACT)
ON CERTAIN PROPERTY LOCATED NORTH OF PANAMA
LANE TO PENSINGER ROAD, WEST OF BUENA VISTA
ROAD. (GOVERNMENT CODE SECTION 51282). (Ward 5).
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, JUNE 14,
2004, and THURSDAY, JUNE 17, 2004, on Case No. 04-0429 of a proposed cancellation of a 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 headng by publication in the Bakersfield Cal~, a local newspaper of general
circulation; and
WHEREAS, such proposed cancellation is as follows:
Williamson Act Contract Cancellation:
Mclntosh & Associates for CENTEX HOMES, applied to cancel the Land
Conservation Contract (Williamson Act) 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, the requested cancellation covers 77 acres covers the east half of the southeast
quarter of Section 24, Township 30 South, Range 26 East, Mount Diablo Meridian of the sales map of
lands of the Kern County Land Company filed August 27, 1982, in the Office of the Kem County
Recorder, located in the City of Bakersfield, County of Kern, State of Califomia; and
WHEREAS, the project site contains approximately 77 acres; and
WHEREAS, the subject site is also part of a General Plan AmendmentJZone Change (GPA/ZC
04-0429) 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 government agency efforts have
extended supporting utilities and infrastructure adjacent to the property; and
rtl
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 altamative use which is consistent with the Metropolitan
Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0429; and
WHEREAS, the cancellation will not result in discontiguous pattems of urban development since
adjacent lands ara 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 pattern of urban
development than other, noncontracted lands farther from existing urbanized lands; and
WHEREAS, that pursuant to Section 51283 of the Government Code, the Kern 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 most
recently announced Kern County assessment portion is 100%, and that the cancellation fee is
$239,594.00 for the 80 gross acres or $2,994.93 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 Mclntosh &
Associates for CENTEX HOMES, was duly heard and considered by the Planning Commission at a
public hearing held June 17, 2004; and
WHEREAS, that the proposed Zone Change No. 04-0429 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. 78-04 on June 17, 2004, the Planning Commission
recommended approval and adoption of the cancellation of the Land Conservation Contract (Williamson
Act) subject to conditions listed in Exhibit uA" and this Council has fully considered the findings made by
the Planning Commission as set forth in that Resolution; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the previsions of
Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY,
August 18, 2094, on the above described proposal, notice of time and place of the hearing 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
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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 Govemment 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 (VVilliamson Act) on the 80
acres, as requested by the applicant and shown on the attached map in Exhibit"B",
located north of Panama Lane to Pensinger Road, west of Buena Vista Road, the
City Council hereby adopts such cancellation, subject to pdor approval of General
Plan Amendment 04-0429 and Zone Change 04-0429 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 Wiliiamson 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.
The City Council hereby approves and adopts the cancellation of the Land
Conservation Contract (Williamson Act) on 77 acres in the City of Bakersfield located
north of Panama Lane to Pensinger Road, west of Buena Vista Road, subject to
conditions of approval shown on Exhibit "A".
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ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed ~01.~a~o~t~}{~ the
Council of the City of Bakersfield at a regular meeting thereof held on . . ,
by
the following vote:
COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLI~'AN, SALVAGGIO
NOES: COUNClLMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Officio C)~rk of the
Council of the City of BakersfieEf
APPROVED AUG 1 8 2004
HARV~ L~~~
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
ATTACHMENTS:
EXHIBIT "A" - CondiUons
EXHIBIT "B" - Location Map
MO:djl
S:\GPA 2nd 2004~04-0429~ResoluUons~res,Williamson_cc,doc
4
ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan AmendmentJZone Change No. 04-0429
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 during 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 reads 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
GPNZC 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 SJVU^PCD.
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
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-turn 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 dght 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. April 2004.
10.
11.
The developer shall construct/improve 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.
ORiGiNAl
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 dudng
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 GPA/ZC 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.
Exhibit A
Conditions of Approval
GPA/ZC 04-0429
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 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.
16.
Pay the proportionate share of the following mitigation measures as indicated in Table 2
of 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.
S:\GPA 2nd 2004~4-0429~,dmin SR\Conditions EX A.doc
EXHIBIT NO.
Recording requested by
and for the benefit of the
CITY OF BAKERSFIELD
WHEN RECORDED MAIL TO:
CITY OF BAKERSFIELD
CITY CLERK
1501 TRUXTUN AVENUE
BAKERSFIELD CA 93301
James W. Fitch, Assessor-Recorder $OFIR
Kern County Official Records 0/14/2004
Recorded al the request of 0:21 AM
Public
DOC#: 0204222104
Stat Types: 1 Pages: 15
Fees 0.00
Taxes 0.00
Others 3.50
PAID $3.50
CERTIFICATE OF TENTATIVE CANCELLATION
WITH RESPECT TO LAND UNDER CONTRACTUAL RESTRICTIONS
(LAND CONSERVATION ACT OF 1965)
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN:
1. The City Council of the City of Bakersfield has given tentative approval
of the petition of Mclntosh & Associates for Centex Homes for cancellation of
contractual restrictions contained in a contract 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. 021188955 in the office of the
Kern County Recorder, as to the land hereinafter more fully described, entered into
under the Land Conservation Act of 1965, and which land is located in Agricultural
Preserve No. 9 in the County of Kern, after public hearing duly noticed and held.
2. The name of the owner of the land herein mentioned, at the time of
cancellation was Centex Homes.
3. The amount of the cancellation fee determined by said City Council to be paid
as deferred taxes upon such cancellation, in accordance with paragraph (b) of Section
51283 of the Government Code, and certified by said Council as being due pursuant to
said Act, is the sum of $2,994.93 per gross acre, and that the recently announced Kern
County assessment portion is 100% and that the cancellation fee is $239,595.00 for the
80 gross acres.
4. Pursuant to the provisions of Government Code Section 51283.4, the Council
has established the following conditions and contingencies, and has declared that a
Certificate of Cancellation of said contract with respect to said parcel of land will be
issued and recorded within thirty (30) days after being notified by the landowner that
each and all of said conditions and contingencies is satisfied:
o~< % A K~'~2d'
m
(a) Payment in full of the cancellation fee hereinabove mentioned;
(b)
Unless said cancellation fee is fully paid, or a Certificate of
Cancellation is issued, within one year from the date of recordation
of the Certificate of Tentative Cancellation, such fee shall be
recomputed as of the date the landowner notifies this City Council
that he/she has satisfied the conditions and contingencies, as
provided in subdivision (b) of Government Code Section 51283.4,
and the landowner shall pay any additional fee arising from such
recomputation as a further condition to issuance of a Certificate of
Cancellation; provided, however, that the landowner shall not be
entitled to refund of any cancellation fee previously paid even if the
recomputed fee is less; and
(c) Landowner shall obtain all permits, if any, necessary to commence
the project of the proposed alternative use.
(d) Landowner shall satisfy all conditions of approval as stated in the
attached Council Resolution No. 240-04 as Attachment "A".
5. Pursuant to subdivision (c) of Government Code Section 51283.4, if land
owner has been unable to satisfy the foregoing conditions or contingencies, he shall
notify this City Council of the particular conditions or contingences he is unable to
satisfy; within thirty (30) days after receipt of such notice, and upon a determination by
this that the landowner is unable to satisfy the foregoing conditions or contingencies this
Council shall execute a Certificate of Withdrawal of said tentative approval of the
cancellation of contract and cause the same to be recorded; however, the landowner
shall not be entitled to the refund of any cancellation fee previously paid.
6. The real property to which the foregoing tentative cancellation proceedings
applies is situated in the City of Bakersfield, State of California, and is described in Attachment
"B" attached hereto and made a part hereof by this reference.
Dated this 13th dayof
the City of Bakersfield.
September
,2004, by order of the City Council of
~.arc Gauthier
P r'hq~Jpal Planner
S:~GPA 2nd 2004~04-0429~NoticestCancellation.doc
ORIGINAL
ATTACHMENT A
RESOLUTION NO. 240-04
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°ORIGINAL~