HomeMy WebLinkAboutRES NO 257-04 RESOLUTION NO. ~ ~ 7" 0 ~.
A RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA 04-0441 OF THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED SOUTH OF REINA ROAD AND WEST OF ALLEN
ROAD.
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,
JUNE 17, 2004, on GPA 04-0441 of the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been
given twenty (20) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, GPA 04-0441, a requested amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0441. Lennar Bakersfield has proposed to
amend the Land Use Element of the Metropolitan Bakersfield General Plan by
changing the land use map designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 56.48 acres; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment if
certain mitigation measures are adopted to address hazards and hazardous materials, air
quality, cultural resources, and transportation and traffic, and, therefore, a Negative Declaration
with mitigation measures was prepared and posted on May 28, 2004, in accordance with
CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 81-04 on June 17, 2004, the Planning Commission
approved Case No. GPA 04-0441, as shown in Exhibit "A", and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the project site (56.48 acres in size) is located in the unincorporated area of
Kern County and is currently being processed for annexation to the City of Bakersfield. The
western 600 feet of the project site is also being processed for amendment within the Sphere of
Influence Boundary; 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,
September 8, 2004, on the above described Case No. GPA 04-0441 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
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 City Council 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:
1 .) Soil Quality
Finding - The soil type of the project site (Wasco sandy loam) is one of the most common soils
within the Valley Floor of Kern County. The soil type is not unique or found only on the project
site. Therefore, the conversion of the project site to urbanization is appropriate for the area.
2.) Availability of irrigation water
Finding - The subject site is not unique for farmland in the area regarding having an adequate
supply of irrigation water for agricultural production. Therefore, the conversion of the project
site to urbanization is appropriate for the project site and area.
3.) Proximity to non-agricultural uses
Finding - The properties to the northeast and southeast of the project site are currently being
developed for single-family residential uses. The property directly to the east is zoned for Multi-
family residential development. A 258 lot subdivision (VTM 6289) has been approved for the
property adjacent to the south. Therefore, the conversion of the project site to urbanization is
appropriate for the area.
4.) Proximity to intensive Darcelization
Finding - The areas adjacent to the northeast, south, and southeast of the project site have
been intensively subdivided for single-family residential development. Therefore, the
conversion of the project site to urbanization is appropriate for the area.
5.) Effect on properties subiect to "Williamson Act" land use contracts
Finding - The project site does not contain a Williamson Act contract. 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. Therefore,
the conversion of the project site to urbanization is appropriate for the area.
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6.) Ability to be provided with urban services (sewer, water, roads, etc3
Finding - The City of Bakersfield has determined that the City will be able to provide all City
services to the project site. The Vaughn Water Company, inc. has reported that it can provide
an adequate supply of domestic water and water for fire protection to the project site.
Therefore, the conversion of the project site to urbanization is appropriate for the area.
7.) Ability to affect the application of agricultural chemicals on nearby aaricultural
Properties
Finding - 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 proposal will not affect the application of agricultural chemicals for property located to the
north of the project site because that property is located within a quarter mile of an existing
residential subdivision. The properties to the northeast, east, and southeast of the project site
do not contain agricultural land. The property adjacent to the west is located within a quarter
mile of the adjacent property to the south which has been approved for a 258 lot subdivision
(VTM 6289). The property adjacent to the south, containing the approved 258 lot subdivision
(VTM 6289), is located within a quarter mile of a number of residential homes and other uses
that may restrict aerial application. 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. Therefore, the conversion of the project site to urbanization is appropriate for the
area.
8.)
Ability to create a precedent-setting situation that leads to the premature
conversion of orime aq. riculturel lands
Finding - The project would not create any situation that would lead to the premature
conversion of adjacent or area agricultural land. The project site is completely bounded by
existing and designated Arterials and Collectors. This factor provides a buffer that would
prevent the project site from prematurely converting other agricultural land.
9.) Demonstrated project need
Finding - The proposal is a logical extension for residential development in the northwestern
portion of the City of Bakersfield. The properties to the northeast and southeast of the project
site are currently being developed for single-family residential uses. The property directly to the
east is zoned for multi-family residential development. The property adjacent to the south has
been approved for a 258 lot subdivision (VTM 6289). The Metropolitan Bakersfield General
Plan encourages the orderly outward expansion of new urban development that maintainso
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ORi~;NAL
continuity of existing development and allows incremental expansion of infrastructure and public
services. The proposal complies with the Metropolitan Bakersfield General Plan's criteria.
10.) Necessity of buffers such as lower densities, setbacks, etc
Finding - The project site is completely bounded by existing Arterials and Collectors. This
factor will serve as a buffer for adjacent agricultural land. Therefore, the conversion of the
project site to urbanization is appropriate for the area.
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
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 resoumes and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the State of California Department
of 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.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
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 Negative Declaration, with mitigation measures, for GPA 04-0441 is hereby
adopted.
The City Council hereby approves and adopts Case No. GPA 04-0441 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, constituting changes as shown on the map marked Exhibit "A",
with conditions of approval/mitigation measures as provided in Exhibit "B",
attached hereto and incorporated as though fully set forth, for property located
south of Reina Road and west of Allen Road.
The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is
hereby adopted.
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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 September 8, 2004, by
the following vote:
COUNC,'MEMBE. BE~AM, CA.'~ON, CO~C.,.AN'~O., ~A~^RD, SA'V~C,O, SULUW
'-~0--ES:
COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER ~J. ~_,,t,.~k~
APPROVED SEP O 8 2004
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A - Land Use Map
Exhibit B - Conditions of Approval/Mitigation Measures
Exhibit C - Mitigation Monitoring Plan
,~RIG,NA~
L
REINA ROAD
OLD FARM ROAD
COUNTY
131
OR G~NAL
EXHIBIT B
GPA/ZC NO. 04-0441
CONDITIONS OF APPROVAL/MITIGA¥1ON MEASURES
PUBLIC WORKS:
1.)
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 Allen Road, Riena Road, Renfro Road
and Noriega Road 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.
Submit a comprehensive drainage study to be reviewed and approved by
the City Engineer. No more than 2 sumps may be utilized to serve this
area; these sumps should 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.
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.
2.)
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.
3.)
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.
4.)
Prior to issuance of any building permit, the developer shall pay the proportionate
share of the following mitigation measures:
Proposed
Intersections Mitigation
Project Share of
Mitigation (%)
7"~ Standard Road
and Santa Fe Way
Install Signal 1.46%
7'~ Standard Road
and Allen Road
Install Signal 3.00%
Prior 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.
5.)
Prior to issuance of any building permit, the developer shall pay the Regional
Transportation Impact Fee as required by Ordinance.
6.)
With the first subdivision in the General Plan/Zone Change area, the developer
shall construct the signal at the intersection of Hageman Road and Santa Fe Way/
Allen Road (west intersection). The signal shall be operational prior to acceptance
of the improvements. Transportation Impact Fee credit will be available for this
improvement.
PLANNING:
7.)
The existing abandoned oil well on the project site, identified by the Division of Oil,
Gas, and Geothermal Resources as "KCL" 42-14, shall be accurately plotted and
identified on all future development maps.
8.)
Prior to submittal of any tentative parcel map or tract map, the developer shall hire
a qualified professional archaeologist to conduct a field survey for the entire
project site. The findings of said field survey shall be reported in a written format
and submitted for review and approval to the Planning Director of the City of
Bakersfield.
9.)
If cultural resources, either historic or prehistoric, are discovered during
construction activities, all work shall be halted in the area of the find and a
qualified archaeologist shall be hired to assess the resource.
10.)
Prior to issuance of any building permit or approval of any tentative parcel map or
tentative subdivision map, the following statement shall be included on the deed
for the subject property of GPNZC 04-0441 (APN: 529-012-205) and recorded in
by Kern County. This statement shall also be included on any parcel map,
tentative map or final for subdivision approval and any subsequent deed
conveying parcels or lots:
11.)
"This property is located one-half mile north of the Kern Mosquito and
Vector Control District which stores Class III and Class II pesticides which
are not highly toxic or volatile. Any subsequent deed conveying parcels or
lots shall contain a statement in substantially this form."
Prior to issuance of any building permit or approval of any tentative parcel map or
tentative subdivision map, the following statement shall be included on the deed
for the subject property of GPA/ZC 04-0441 (APN: 529-012-205) and recorded in
by Kern County. This statement shall also be included on any parcel map,
tentative map or final for subdivision approval and any subsequent deed
conveying parcels or lots:
"This property is located one-half mile north of the Kern
Mosquito and Vector Control District airstrip and may be subject to
aircraft overflights. Any subsequent deed conveying parcels or lots
shall contain a statement in substantially this form."
12.) Mitigation measures for fugitive dust emissions:
A) The developer shall water exposed surfaces (soil) three-times/day.
B) The developer shall water all haul roads (unpaved) three-times/day.
¢)
The developer shall ensure that all vehicles (as defined under Rule 8011)
do not exceed a speed of 15 miles per hour on unpaved roads.
D)
The developer shall stablize 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)
The developer shall control fugitive dust emissions during land clearing,
grubbing, scraping, excavation, leveling, grading, or cut and fill operations
with application of water or by presoaking.
F)
When transporting materials off-site, the developer shall maintain a
freeboard limit of at least 6 inches and cover or effectively wet to limit
visible dust emissions.
G)
The developer shall limit and remove the accumulation of mud and/or dirt
from adjacent public roadways at the end of each workday. (Use of dry
rotary brushes shall be prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions. The use
of blowers is expressly prohibited.)
H) The developer shall stablize the surface of storage piles following the
addition or removal of materials using water or chemical stablized
suppressants.
I) The developer shall remove trackout when it extends 50 feet, or more,
from the site at the end of each workday.
J) The developer shall cease grading activities during periods of high winds
(greater than 20 mph over a one-hour period).
K) For all asphalt-concrete paving, the developer shall comply with SJVAPCD
Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt
paving materials.
13.) Mitigation measures proposed for construction equipment exhaust:
A) The developer shall properly and routinely maintain all construction
equipment, as recommended by manufacturer manuals, to control exhaust
emissions.
B) The developer shall shut down equipment when not in use for extended
periods of time to reduce emissions associated with idling engines.
C) The developer shall use electric equipment for construction whenever
possible in lieu of diesel or gasoline powered equipment.
D) The developer shall curtail the 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
SJVAPCD.
14.) ROG Mitigation: The developer shall only use water-based paints for
all construction phases on the project site.
ORIGINAL
EXHIBIT C
General Plan Amendment No. 04-0441
Mitigation Monitoring and Reporting Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring ond PaR
Mitigattoa Measure Repo~ng Monitoring Respons~le
Process Milestone for Monitoring
Initials Date Remarks
(t) The developer shall pay the proportionate share to Construction Construction Public Works
install a signa~ at 7~ Standard Road and Santa Fe Review Approval Department
Way at 1.43%.
(2) The developer shall pay the proportionate share to
install a signal at 7~ Standard Road and Atien Road
at 3.00%.
(3) Pdor to submittal of any tentative parcel map or tract Construcfion 3,onstruction Planning
map, the developer shall hire a qualified professional Review Approval Department
archaeologist to conduct a field survey for the entire
project site. The findings of said field survey shall be
reported in a wdtten format and submitted for review
and approval to the Planning Director of the City of
Bakersfield.
(4) If cultural resources, either historic or prehistoric, are
discovered during construction activities, all work
shall be halted in the area of the find and a qualified
archaeologist shall be hired to assess the resource.
(5)
Pdor to issuance of any building permit or approval of
any tentative parcel map or tentative subdivision map,
the following statement shall be included on the deed
for the subject property of GPNZC 04.0441 (APN:
529-012-205) and recorded In by Kern County. This
statement shall also be included on any parcel map,
tantafive map or final for subdivision approval and
any subsequent deed conveying parcels or lots:
"This property is located one-half mile north of the
Kern Mosquito and Vector Control Distdct which
stores Class III and Class II pesticides which are not
highly toxic or volatile. Any subsequent deed
conveying parcels or lots shall contain a statement in
substantially this form."
(6) Pdor to issuance of any building permit or approval of
any tentative parcel map or tentative subdivision map
the foitowing statement shall be included on the dead
for the subject property of GPA/ZC 04-0441 (APN:
529-012-205) and recorded in by Kern County. This
statement shall also be included on any parcel map,
tentative map or final for subdivision approval and
any subsequent deed conveying parcels or lots:
"This property is looatad one-half mile north of the
Kern Mosquito and Vector Control District airstrip
And may be subject to aircraft overflights. Any
subsequent deed conveying parcels or iota shall
contain a statement in substantiaity this form."
Mitigation measures for fugitive dust emissions:
A) The developer shall water exposed surfaces
(coil) three-times/day.
B) The daveloper shall water all haul roads
(unpaved) three*times/day.
C) The developer shall ensure that ail vehicles (as
defined under Rule 8011) do not exceed a speed of
15 miles per hour on unpaved roads.
D) The developer shall stablize atl disturbed areas,
including storage piles, which are not being actively
utilized for construction purposes using water,
chemical stabilizers or by covedng with a tarp, other
suitable cover or vegetative ground cover.
E) The developer shall control fugitive dust
emissicos during land clearing, grubbing, scraping,
excavation, leveting, grading, or cut and fill
operations with application of water or by
presoaking.
F) When tJransportJng materials off-site, the
developer shall maintain a freeboard limit of at least
6 inches and cover or effective[y wet to timit visible
dust emissions.
G) The developer shall limit and remove the
accumulation of mud and/or dirt from adjacent public
roadways at the end of each workday. (Use of dry
rotary bm,shes shall be prohibited except when
preceded or accompanied by sufficient wetting to
limit visible dust emissions. The use of blowers is
expressly prohibited.)
H) The developer shall stebtize the surfaco of
stomga piles following the addition or removal of
materials using water or chemical stablizer/
suppressants.
I) The developer shall remove trackout when it
extends 50 feet, or more, from the site at the end of
each workday.
J) The developer shall cease grading activities
during periods of high winds (greater than 20 mph
over a one-hour pedod).
K) For all asphalt-concreta paving, the developer
shall comply with SJVAPCD Rule 4641 and resthct
the use of cutback, slow-cure and emulsified asphalt
paving materials.
Mitigation measures proposed for construction
equipment exhaust:
A) The developer shall properly and routinely
maintain ail construction equipment, as
recommended by manufacturer manuals, to control
exhaust emissions.
B) The developer shall shut down equipment when
not in use for extended pedods of time to reduce
emissions associated with idling engines.
C) The developer shall use elacthc equipment for
construction whenever possible in lieu of diesel or
gasoline powered equipment.
OR!G!NAL
D) The developer shall curtail the use of high-
emitting construction equipment dudng pededs of
high or excessive ambient pollutant concentrations
suc~ as ~Spare-the-Air" days as declared by the
SJVAPCD.
ROG Mitigation: The developer shall only use water-
based paints for all construction phases on the
project site.
ORIGINAL