HomeMy WebLinkAboutRES NO 279-04RESOLUTION
RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT CASE NO. 04-0439 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
SOUTH OF MCKEE ROAD, GENERALLY WEST OF STATE
ROUTE 99, EAST OF HUGHES LANE, APPROXIMATELY %
MILE EAST OF WIBLE ROAD. (Ward 7).
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public headng on MONDAY, SEPTEMBER
13, 2004, and THURSDAY, SEPTEMBER 16, 2004, on Case No. 04-0439 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 Californian, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. 04-0439 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0439:
Matt VoVilla, PE., representing William E. Gilli, MD., Trustee of the Phillis M.
Gilli Trust 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 39.9
acres. The project site is located south of McKee Road, generally west of State
Route 99, east of Hughes Lane; 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. 120-04 on September 1§ 2004, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-0439 subject to conditions
and mitigation listed in Exhibit Nos. B, B 1, B 2 and B 3 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 headng on WEDNESDAY,
OCTOBER 20, 2004, on the above described General Plan Amendment No. 04-0439 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 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:
1 .) Soil Quality
Finding - The soil types of the project site ara Kimbedina fine sandy loam and
Cajon sandy loam ara some of the most common soils within the Valley Floor of
Kern County. The soil types are not unique or found only on the project site.
Therefora, the conversion of the project site to urbanization is appropriate forthe
araa.
2.) Availability of irfiqation water
Finding - The subject site is not unique for farmland in the area in having an
adequate supply of irrigation water for agricultural production. Therafora, the
conversion of the project site to urbanization is appropriate for the project site and
3.) Proximity to non-a,qdcultural uses
Finding - The project site is located south of an araa containing approximately
180 acres which has received approval for the construction of single family
rasidential subdivisions. The 180 acra site is located adjacent and along the
north side of McKee. This site is the expansion of urbanization to the general
area. Therafora, the conversion of the project site to urbanization is appropriate
for the area.
4.) Proximity to intensive parcelization
Finding - The area adjacent to the north of the project site has been intensively
parceled for residential development. Therefore, the conversion of the project
site to urbanization is apprcpdate for the area.
5.) Effect on properties subject 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
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
nonrenewalorcancellationprocess. Therefora, theconversionoftheprojectsite
to urbanization is appropriate for the araa.
2
6.) Ability to be provided with urban services (sewer, water, roads, etc.)
Finding - The City of Bakersfield has determined that the City will be able to
provide all City services to the project site. The California Water Service
Company has stated 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 unbanization is appropriate for the area.
7.)
Ability to affect the application of aqricultural chemicals on nearby
a,qdcultural properties
Finding - In Kern County, farmers are required to obtain site-specific permits from
the Kern County Agricultural Commissioner for the purchase and use of 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 Commissionerto
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 ag#cultural chemicals for property
located adjacent on the south, west and east sides of the project site because
those properties are located within a quarter mile of existing residential
subdivisions. 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 agricuiturel properties. Therefore, the conversion of the
project site to u~banization is appropriate for the area.
8.)
Ability to create a precedent-settinq situation that leads to the premature
conversion of prime aqdcultural lands
Finding - The project would not create any situation that would lead to the
premature conversion of adjacent or any other agricultural land. The project site
is bounded by an existing Arterial west of the site. McKee Road is a minor two-
lane east-west surface street. Between McKee Road, Taft Highway, State Route-
99 and Wible Road, land uses consist of scattered single-family dwellings,
commercial development and undeveloped land. The subject site is located
approximately one-fourth mile north of Taft Highway and the community of
Pumpkin Center. Along Taft Highway between State Route-99 and Wible Road,
the Pumpkin Center land uses are predominately commercial. See Table I for
land uses.
9.) Demonstrated project need
Finding - The proposal is a logical extension for residential development in the
southem portion of the City of Bakersfield. The project site is adjacent to an
approximately 180 acre residential area that will be developed in the near future.
The existing city limit line is located adjacent along the north side of the project
site, and the proposal is to annex the site to the City. 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 infrastn~cture and public sen/ices. The proposal
complies with the General Plan's criteria. The proposal meets the objectives and
policies of the Housing Element by providing different types of housing and
locating the residential development in close proximity to commercial
development that would provide sen/ices and jobs.
10.) Necessity of buffers such as lower densities, setbacks, etc
Finding - The project site is bounded by an existing Arterial west of the site,
single family residential development north, existing, scattered single family
dwellings between the subject site, and proposed single-family subdivisions along
the west side of Wible Road. Between McKee Road, Taft Highway/Pumpkin
Center, State Route-99 and Wible Road there is very little viable agricultural land.
The longevity of the existing ag#cultural land between the subject site and Taft
Highway is questionable. These factors will serve as buffers for adjacent
agricultural/and. Therefore, the conversion of the project site to urbanization is
approp#ate for the area.
WHEREAS, the environmental issues raised were discussed at the Planning Commission
meeting on September 16, 2004; 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 agreed to comply with ail adopted
mitigation measures contained within the Negative Declaration.
That the Negative Declaration for General Plan Amendment No. 04-0439 is
hereby recommended for approval.
The General Plan Amendment 04-0439 is hereby approved from R-IA (Resource-
Intensive Agriculture) to LR (Low Density Residential) on 39.9 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.
%RIGiNA~:::~
As to General Plan Amendment 00-0439 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 Density Residential) on 39.9 acres, as recommended by staff and
shown on attached map in Exhibit A, located south of McKee Road, generally
east of Hughes Lane and west of State Route 99, the Planning Commission
hereby recommends adoption of such Land Use Element Amendment of the
Metropolitan Bakersfield General Plan, subject to mitigation and conditions of
approval shown on Exhibit Nos. B, B 1, B 2 and B 3 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, ara true and correct.
The Negative Declaration for General Plan Amendment No. 04-0439 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 No. 04-
0439 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, attached hereto and incorporated as though fully set forth, for property
generally located south of McKee Road, approximately ¼ mile east of Wible
Road, subject to conditions of approval shown on Exhibit Nos. B, B 1, B 2and
B3.
That Case No. 04-0439, approved herein, be combined with other approved
cases in this general plan amendment cycle described in separate resolutions, to
form a single Amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan.
This Resolution shall not become effective until November 3, 2000, at such time
as other General Plan Amendments are reviewed by the City Council of the City of
Bakersfield.
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 one,
by the following vote:
/ / / / / / /
~ COUNCILMEMSER COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER
PAMELA A. McCARTHY, C~lC
CITY CLERK and Ex Officio'Clerk of the
Council of the City of Bakersfield
APPROVED OCT 2 0 2004
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attached: Exhibit A GPA Map
Exhibits: B, B 1, B 2 and B 3 Mtigation, Conditions of Approval
MO:djl
S:\GPA 3rd 2004\04-0439Ves.gpa_cc.doc
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EXHIBIT B
GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0439
MITIGATION/CONDITIONS OF APPROVAL
Planning
Air Quality
Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth under
Regulation VIII, Fugitive PM10 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:
· All 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.
· All 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 material 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.
· 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.
· 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.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site.
· Implementation of carryoutJtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVUAPCD Regulation VIII.
Cultural
ORIGINAL
1. 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.
2. 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.
3. With submittal of a tentative map application, site plan review or grading plan, whichever
occurs first, a cultural resources field survey shall be provided to the Planning Director.
Noise
This project will be in compliance with the City of Bakersfield noise standards, provided the
following mitigation measures are implemented.
1. Noise barriers having the locations and minimum heights shown in Exhibit A 3 are to be
constructed. Noise barriers must be continuous without gaps or openings, and constructed of a
dense material such as masonry blocks or stucco on both sides of a wood/steel frame. Earth
berms or berm/wall combinations may also be used.
2. Mechanical ventilation or air conditioning must be provided for all homes so that windows
and doors may remain closed for the required acoustical insulation.
3. Acoustic baffles should be installed on the interior side of gable vents that face (or partially
face) SR99 in homes to be located on the first roll of homes along the east side of the
subdivision. An example of a suitable attic vent baffle is shown on Exhibit A 4.
4. Exterior doors, excluding glass doors, should be solid-core wood or insulated steel with
perimeter weather-stripping and threshold seals.
5. Along the subject site's east boundary, the layout/alignment/development of lots, the read
location and the location and height of the noise barrier shall be constructed as shown on
Exhibit A 3.
Traffic Mitiqation:
1. Treffic study mitigation measures for the affected intersections are shown on Exhibit A 5.
2. Applicant shall pay the project's proportionate share of the Regional Transportation Impact
Fee progrem.
3. Applicant shall pay the project's proportionate share of mitigation improvements identified by
the traffic study.
PUBLICWORKS
Prior to approval of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for McKee Road to collector standards
for the full frontages of the area within the GPA request. McKee Road will have
an overpass at SR 99 and slope easements will be required. 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 1 sump 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 GPNZC 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.
As there will be an overpass at McKee at SR 99, there will be no access from
McKee to the parcel to the east of subject property. All access to the parcel to
the east shall be through the subject property. Any development plans will have
connecting streets to the east. Any walls constructed because of noise mitigation
across the access streets, shall have an easement for eventual removal by the
property owner to the east.
Because of the future freeway overpass, access to McKee Road will be allowed
only on the westerly side of the parcel. Location of the access will be determined
by Caltrans standards and approval by the City Engineer. 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.
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.
5. TRAFFIC COMMENTS
We have reviewed the study prepared by Pinnacle Engineering for a 165 unit single
family residential development and it appears to be adequate. Based upon the study
for the development the following mitigation measures would be appropriate.
Local Mitiqation
No local mitigation measures are necessary. The study shows the mitigation provided
in the RTIF program provides adequate mitigation for the proposed land use change.
Reqional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development, for the residential
portions.
S~EET
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13 Ft.
8 Ft.
'*' Nois, rrier ~
8 F~
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a, OR/GINA~
EXHIBIT B 2
Example of Attic Vent Baffle Treatment
Acoustically
Lined Baffle
Vent
Opening
Opening should be large
enough to provide adequate
ventilation as required by
building codes
ORIGrNAL
EXHIBIT B 3
INTERSECTION MITIGATION
GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0439
I Ave,
t.~lay
Notthbo~rtd southbound E~ st'oound Westbo~n~l Int. Sec's/
NO. ~te~rsecfion Time pe~d Type I.t T Rt Lt T Rt I_t T Rt I_t T Rt RVG vehicle
1) /Vitae and 2004 F~- PM 2w A A B 8 A B B A A 1.2
Vlckee 20~4 + l~oj - i'~! 2w A A B B A B B A A 1.6
~030 - NO P~oject 2w A B F E B F E C F 63.5
2030 + Proj. - PM 2w I B B F F B F F C F 187.6
MITIGATION.' ~nstall Signal S B B B B B B C B B B B B B 12.4
2) WibleandTaftl.~004~:,z,~,~j-pM 2w C Cc A C C A A A A 2.1
!004 + ]~oj - Pki 2w C A C C A A A A 2.6
_~030- NO pro~ct 2w F F ' C F F C C C F
2030+Proj.-PM 2w F F C F F C C C F
dlTIGATION ~nstall Signal S B i B B B B B B B B B 13 B B 11.5
3) 3o~npagneni 2004 Ex~fing - PM 4w C B B E ! C 20
~nd TaR ?004 +Pro. i - ?~[ 4w C B B E D 21.6
2030 - NO Project 4w F F F F F
2030 + Proj. - PM 4w F . ~ F F F F
v~ITIGATtON !nstallSignal S B B I B B C B B B B 11.9
4) S. H and E)dsdn~, - PM 4w A A A A A 2.7
~cKee E004 + ~roj - ?~! 4vv A A A B A 4 8
~ - NO projed 4w F F F F F
2030 + Proj. - PM 4w F F F F F
MITIGATION )nstall Signal S B f3 B B B B B B B B B C B 11.3
--~) S. HandTafi ~20(]4ExJstJr~,-PM S C B B C B B B B C B B C 15.6
F0~4+Proj-?~! S C B B C B B 8 B C B B C 15.6
~ - NO project S B B D B C B B C B
2030 + pro~. - PM S B B D B C B B C
4iTIGATION. ~ns~all Sigrtal S B B B B 8 B B B B B B B B 11.2
6) $. H and Nb ~ E~sfir~J - PM 2w A A A 2
~9 otf ramp !004 + ~oj - 1'~! 2w A A A 2.6
L~030 - NO Project 2w E A C 22.4
E A C 23.2
2030 * pr~. - pM 2w __
~tI?IGATION )nst. II Sicjnal S
Legend: U = Unsignalized S = Signalized 2w -- Twn Way Stop Control 4w = All Way Stop
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