HomeMy WebLinkAboutRES NO 280-04RESOLUTION NO. ~a~ 8 0 '"' 0 '~
RESOLUTION MAKING FINDINGS, APPROVING
THE NEGATIVE DECLARATION AND ADOPTING
GENERAL PLAN AMENDMENT 04-0871 AN
AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL
PLAN.
WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on MONDAY,
SEPTEMBER 13, 2004 and THURSDAY, SEPTEMBER 16, 2004 on General Plan Amendment
04-0871 of the proposed amendment to the Metropolitan Bakersfield General Plan, notice of
the time and place of hearing having been given at least twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, General Plan Amendment 04-0871 an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 04-0871
Jim Marino Associates has applied for a General Plan Amendment
changing the land use designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on approximately 80 acres,
from GC (General Commercial) to LMR (Low Medium Density
Residential) on approximately 1.36 acres, and from GC, LMR and LR to
PS (Public School) on approximately 62 acres; and
WHEREAS, for the above-described General Plan Amendment 04-0871, 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 was prepared and posted on in
accordance with CEQA; and
WHEREAS, by Resolution No. 113-03 on September 16, 2004, the Planning
Commission recommended approval and adoption of General Plan Amendment 04-0871
subject to mitigation measures and conditions listed in Exhibit B and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated
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 City Council found as follows:
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
Based on the initial study and comments received, staff has determined that the
proposed project, as recommended by staff, from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) and from GC (General Commercial),
LR (Low Density Residential) and LMR (Low Medium Density Residential) to PS
(Public School) could not have a significant effect on the environment. A
Mitigated Negative Declaration was prepared for the project in accordance with
CEQA.
The proposed project, is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield General
Plan.
Agriculture - Williamson Act Contract Findings
That the cancellation is consistent with the purposes of Chapter 7(the California Land
Conservation Act of 1965 or the Williamson Act) of the Government Code.
(a) That the cancellation is for land on which a notice of nonrenewal has been
served pursuant to Section 51245. The notice of nonrenewal was recorded by the
Kern County Recorder's Office on November 9, 2001.
(b) That cancellation is not likely to result in the removal of adjacent lands from
Agricultural use. There is no evidence in the record to date, suggesting that this
project would be precedent setting regarding the removal of other contracted
property. While phasing out of lands from the Witliamson Act (Through the filing of
Notice of Nonrenewal) has begun on properties owned by the same property owner
and, therefore, the agricultural uses within the general area will also be phased out, it
is not a result of this cancellation request. Contracted lands outside the boundaries
of this specific site should not be adversely impacted with approval of this
cancellation.
(c) That cancellation is for an alterative use which is consistent with the
applicable provisions of the General Plan. The request is to change the General
Plan designation and zone district for the site to urban uses. Contracted lands
outside the boundaries of this specific site should not be adversely impacted with
approval of this cancellation.
(d) That cancellation will not result in discontinuous patterns of urban
development. The proposed project is the outward expansion of urban development
to the site from the City of Bakersfield. The development pattern in the general area
is contiguous to other developments.
(e) That development of the contracted land would provide more contiguous
patterns of urban development than development of proximate noncontracted land.
Water service is available from the California Water Service Company. The site is in
proximity to other properties that are either being developed or being prepared to be
developed along the east side of Allen Road between Snow Road and Hageman
Road. Property located to the south of the subjects site's south boundary and
Hageman Road and along the west side of Allen Road, is designated by the
Metropolitan Bakersfield General Plan As R-IA (Resource-Intensive Agriculture), LR
(Low Density Residential) and HI (Heavy Industrial). The subject site is an
expansion of the urban uses and is in a logical pattern of development.
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Agriculture - General Plan Policy
7. Soil Quality - The site contains the following two soil types.
Milham sandy loam, 0-2 % slope; LCC: Storie Index 81. A brownish gray to olive,
deep, well drained soil derived from granitic and sedimentary rock. Permeability and
runoff are slow while water capacity is high and erosion hazard is slight. This soil is
suited for irrigated crops, such as cotton, alfalfa, almonds barley, grapes, pistachios,
black beans, carrots, olives, pepper, potatoes, onions, sorghum, wheat, hay and
livestock pasture.
Twisselman sandy loam, saline-alkaline, deep well drained soil derived from
sedimentary alluvium. Permeability and runoff are slow, while water capacity is Iow
and erosion hazard is slight. Toxic levels of boron can be present. This soil can be
used for irrigated row crops that are salt tolerant with high maintenance practices
and is poorly suited for livestock pasture.
Availability of irrigation water - Groundwater levels in the area have shown a net
loss, and are in a state of overdraft. Based on figures from the Kern County Water
Supply Agency's 1999 water Supply Report the current agricultural water use for
agricultural crops, in rotation, on the project's land is approximately 542 acre-feet per
annum. The comparison of agricultural water use and urban water use varies
depending upon many factors including crop choices and housing density.
According to the Department of Water Resources, a recent study show the applied
water use of single-family dwellings and agricultural crops is often similar at Iow
housing densities (four or five units per acre). The projected urban water use for the
project will be approximately the same as the agricultural use. Additionally,
groundwater quality will not negatively impact agricultural production.
Proximity to non-agricultural use - Fourteen tracts are in proximity to the proposed
project.
10.
Proximity to intensive parcelization - The following table indicates the designations
as reflected in the Western Rosedale Specific Plan that will allow future land use
parcelization to the south and west of the project.
PROJECT LOCATION SPECIFIC PLAN DESIGNATION
South RR and UER
West RR and UER
East UER
Southeast SR
11.
Effect on properties subject to "VVilliamson Act" land use contracts - Several parcels,
APN 529-011-04, 529-011-05, 529-011-16,529-011-17, 529-011-18, and 529-011-
19, adjacent are under Williamson Act Land Use contract.
12.
Ability to be provided urban services (sewer, water, roads, etc.) - The site is
accessible by existing City and County maintained roads, i.e. Allen Road. Water
supply will be taken from Allen Road adjacent to the property. Sewer is being
required as a condition of this development and exists in Kratzmeyer Road..
ORIGiNAl
13.
Ability to affect the application of agricultural chemicals on nearby agricultural
properties - No changes to methods of agricultural husbandry applied to adjacent
lands that will occur as a result of implementation of the project are expected.
Existing homes preclude crop dusting in the area.
14.
Ability to create a precedent-seEing situation that leads to the premature conversion
of prime agricultural lands - This property designated for residential use as is the
surrounding property east of Allen Road.
15.
Demonstrate project need - The project is in accord with the General Plan's Housing
Element, and is necessary to provide for housing to offset the deficiency in urban
housing demand.
16.
Necessity of buffers such as lower densities, setbacks, etc. - The project is
located adjacent to non-agricultural land use. The adjacent R-1 developments to
the east of the project boundary represent high density development. The
proposed project is consistent this use.
17.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's
decision to prepare a Mitigated Negative Declaration for this project.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE
CITY OF BAKERSFIELD as follows:
1. The above recitals, incorporated herein, are true and correct.
The Mitigated Negative Declaration for General Plan Amendment 04-0871 is
hereby approved.
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 to General Plan Amendment 04-
0871 an amendment to the Metropolitan Bakersfield General Plan, consisting of
changes as shown on attached map (Exhibit A) generally located along the west
side of Allen Road between Snow Road, one-quarter mile to the north,
(extended) and Knight's Bridge Place, the Planning Commission hereby
recommends adoption of such General Plan Amendment of the Metropolitan
Bakersfield General Plan, subject to the Mitigation measures as shown on
Exhibits B.
...... -000 ......
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ORIGINAL
! 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
OCT 2 U Z004 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BEN~--/AM, MAGC.~RD, HAN~ON, SULLIVAN, SALV~'~GIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, Cl~
CITY CLERK and Ex Officio Clerk
Council of the City of Bakersfield
ofthe
APPROVED OCT ~ 0 ~-00~
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
A:
B:
General Plan Amendment Area
Mitigation/Conditions
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ORIGINAL
OLD FARM ROAD
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--I
I
EXHIBIT B
Cultural
1.
Traffic
1.
2.
MITIGATION/CONDITIONS
GENERAL PLAN AMENDMENT 04-0871
Planning Department
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 dudng site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
If cultural resources are unearthed dudng 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.
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.
Construct roadway improvements along Allen Road and Kratzmeyer Road.
Pay the proportionate share for the local mitigation improvements shown on
Exhibit A 2.
Pay the standard per-lot rate for residential development under the Regional
Transportation Impact Fee program.
Williamson Act
The applicant/property owner shall not develop any portion of the subject site until
such a time as the Williamson Act Cancellation Fees are paid and contract
cancelled for that portion of the subject site upon which development is proposed.
Until such a time as the Williamson Act Cancellation Fees are paid and the
contract cancelled, development shall be limited to those land uses allowed by
the Williamson Act Contract.
Public Works
Prior to Approval of any development plan, tentative subdivision
application for a lot line adjustment, the following shall occur:
map, or
a. Provide fully executed dedication for Olive Drive to arterial and Allen Road to
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 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 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.
Access to the arterial and collector streets will be limited and determined at time
of division or development. Access from Kratzmeyer shall be no closer than 350
feet from the corner of Kratzmeyer and Allen. Access from Allen shall be per City
standards.
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.
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.
TRAFFIC COMMENTS
Local Miti.qation
Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee - RTIF nor included with normal development
improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule
shall be developed by the applicant and approved prior to recordation of a map or
issuance of a building permit.
Allen Road and 7th Standard Road - add north, south and east bound left turn
lanes, add east bound right turn lane, 8.42% share;
2. Allen Road and Snow Road - add south bound left turn lane, 5.05% share;
3. Old Farm Road and Olive Drive - add north bound left turn lane, 6.38% share;
Allen Road and Reina Road - add north, south east and west bound left turn
lanes, 10.19% share;
5. Allen Road and Noriega Road - add west bound right turn lane and south bound
left turn lane, 14.42% share;
5. Santa Fe Way and Hageman Road - add north bound left turn lane, 4.81%
share;
6 Alien Road and Hageman Road - add south bound right turn lane, 16.22%
share;
7. Allen Road and Meacham Road - add east bound right turn lane and north
bound left turn lane, 5.46% share.
ReRional Transportation Impact Fee
1. Pay the standard residential fees, as adopted at time of development, for the
residential portions.
Fire Department
Prior to submittal of a tentative map on any portion of the eighty acre site
located along the northwest corner of Allen Road and Kratzmeyer Road, the
property owner or applicant at the time of such submittal shall reserve, after
consulting with the Bakersfield Fire Department, a two acre site for acquisition
and use as a fire station. The tentative map shall clearly show the reservation
area. The tentative map shall also show that residential lots within the reserved
area can be developed in the event the City of Bakersfield does not acquire the
two acres.
The reservation area shall be kept open and clear for a period of two years after
the City accepts improvements for the first adjacent phase of development or
until the Fire Department considers an alternate location, whichever comes first.
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OR/G!NAL
EXHIBIT B
Future Improvements and Local Mitigation
Local Mitigation Project %
# Intersection Total Improvements (Improvements not Share for Local
Required by 2024 covered by RTIF) Mitigation
Install Signal - 1 EBL, Install Signal - I EBL,
Allen Rd & EBR, I WBL, I NBL, I EBR, I NBL, I SBL 3.32%
1 7th Standard Rd (8.42%)
SBL
2 &lien Rd & Install Signal - I WBR, 1 SBL 3.44%
Snow Rd SBL (5.05%.)
5 ! A. Ilen Rd & Install Signal - I EBL, _ _
9live Dr WBL, I NBL, I SBL
6 Did Farm Rd & Install Signal - I NBL I NBL 5.5%
)live Dr (6.38%)
7 lewerta Ave & Install Signal - 1 NBL, _ _
)live Dr SBL
Verdugo Ln & Install Signal
83live Dr -
Allen Rd & Install Signal - 1 EBL, I EBL, 1 WBL, 1 NBL, 7.3%
I ReinaRd WBL, I NBL, I SBL I SBL (10.19%)
' 'Allen Rd & Install Signal- I WBR, 1 WBR, I SBL 9.42%
i 12 Xloriega Rd SBL (14.42%)
13 ;antaFeWy& InstallSignal-I EBL, 1NBL 2.13%
' It_ageman Rd 2 WBL, I NBL I SBL (4.81%)
[Allen Rd & Install Signal - 1 EBL, I SBR 5.95%
14! ~lageman Rd SBR (16.22%)
115 Did Farm Rd & Install Signal _ _
ttageman Rd
lewetta Ave & Install Signal - 2 NBL,
16! Hageman Rd SBL -
171 Allen Rd & Install Signal - I EBR, I EBR, I NBL 1.95%
Meacham Rd NBL (5.46%)
(%) Cahrans Percent Shine Calculation Method
NB = North Bound
SB = South Bound
'NB = West Bound
EB = East Bound
L = Left Turn Lane
T = Through Lane
R = Right Turn fane
ORIG!NAL