HomeMy WebLinkAboutRES NO 281-04RESOLUTION NO. ~81'~04
RESOLUTION MAKING FINDINGS, APPROVING THE
CANCELLATION OF LAND USE RESTRICTIONS OF A
LAND CONSERVATION CONTRACT 0NILLIAMSON ACT)
ON CERTAIN PROPERTY LOCATED AT THE
NORTHWEST CORNER OF ALLEN ROAD AND
KRATZMEYER ROAD (GOVERNMENT CODE SECTION
51282).
WHEREAS, Jim Marino for King-Gardiner Farms, filed and application requesting the
cancellation of a Land Conservation Contract (Williamson Act) on that certain property being
annexed to the City of Bakersfield as hereinafter described; and
WHEREAS, the Planning Commission, through its Secretary, did set, MONDAY,
SEPTEMBER 13, 2004 at the hour of 12:15 p.m. and THURSDAY, SEPTEMBER 16, 2004 at
the hour of 5:30 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield,
California, as the time and place for a public hearing before said Planning Commission on said
application and accompanying proposed environment document, and notice of the public
hearing was given in the manner provided in Title Seventeen of the Bakersfield Municipal Code;
and
WHEREAS, the requested cancellation covers the south one-half of the northeast
quarter of Section 11, Township 29 South, Range 26 East, Mount Diablo Base and Meridian, in
the unincorporated area of the County of Kern, State of California; and
WHEREAS, the subject property is also part of an annexation to the City of Bakersfield
in said County and State; and
WHEREAS, the project site contains approximately 80 acres; and
WHEREAS, the subject site is also part of a General Plan Amendment/Zone Change
(GPNZC 04-0871 ) to allow the development of urban uses on the site; and
WHEREAS, the applicant for the property owner has indicated the purpose of the
request is to develop single family residences within the City of Bakersfield limits; and
WHEREAS, the property lies within a 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
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,
therefore, a Mitigated Negative Declaration was prepared for the project in accordance with
CEQA; and
WHEREAS, the applicant entered into an agreement with the City of Bakersfield to
implement all mitigation measures identified in the environmental analysis contained within the
Negative Declaration; and ~/~~'°'
ORIG!NAL
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 alternative use which is consistent with the
Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment
No. 04-0871; and
WHEREAS, the cancellation will not result in discontiguous pattems of urban
development since adjacent lands are 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, 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
noncentracted 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, the Kern County Assessor has determined the cancellation value to be
$3,840,00; and
WHEREAS, 12~% of that value would be $480,000; and
WHEREAS, the request for the cancellation of the Land Conservation Contract by Jim
Marino for King-Gardiner Farms, was duly heard and considered by the Planning Commission
at a public hearing held September 16, 2004; and
WHEREAS, that Zone Change No. 04-0871 for the property is conditioned upon the
cancellation of the Land Conservation Contract.
WHEREAS, by Resolution No. 113-04 on September 16, 2004, the Planning
Commission recommended approval of the cancellation of the Land Conservation Contract
(Williamson Act) subject to conditions and mitigation more appropriate to the zoning 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 provisions of
Section 65355 of the Government Code, conducted and held a public hearing on Wednesday,
October 20, 2004, on the above described proposal, notice of time and place of the hearing
have been given at least ten (10) calendar days before the hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation, and property owners within
400 feet and the State Department of Conservation; 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 prior written agreement to comply with all adopted
mitigation measures contained within the Negative Declaration.
That a Negative Declaration for the proposed tentative cancellation of the Land
Conservation Contract (Williamson ACt) is hereby recommended for approval.
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m
ORIG!NAL
That the City Council has, pursuant to Section 51282 of the Government 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 0Nilliamson Act) on the
80 acres, as requested by the applicant and shown on the attached map in
Exhibit A, located north of Kratzmeyer Road, along the west side of Allen Road,
the City Council hereby adopts such tentative cancellation, subject to pdor
approval of General Plan Amendment 04-087, mitigation/Conditions shown on
Exhibit B and subject to payment of a cancellation fee of $480,000 to be
recomputed if not paid within a year of the tentative approval's recording.
NOW, THEREFORE, BE IT RESOLOVED AND FOUND BY THE COUNCIL OF THE
CITY OF BAKERSlELD as follows:
1. The above recitals and findings incorporated herein, are true and correct.
The Negative Declaration for General Plan Amendment No. 04-0871 is 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.
4. The City Council has made findings pursuant to Section 51282 of the
Government Code.
The City Council hereby approves the tentative cancellation of the Land Use
Contract (~Villiamson Act) on 80 acres, located at the northwest corner of
Kratzmeyer Road and Allen Road subject to payment of $480,000 cancellation
fee which if not paid within a year of tentative approval's recording.
Authorize staff to record the tentative certificate and upon satisfaction of the
conditions recording of a certificate of cancellation.
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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
OCT 2 0 2rl04 by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNClLMEMBER COUCH, CARSON, SENHAM, MAGGARD, HA~SON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, (~C
CITY CLERK and Ex Officib'Clerk of the
Council of the City of Bakersfield
APPROVED OCT 2 0 2004
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
A: General Area Subject to Cancellation of Land Conservation Contract
B: Mitigation/Conditions
S:\Dole\04-O871\CC William Act Can RES.doc
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ORiGiNAL
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{I
ORiGiNAL
Cultural
1.
Traffic
1.
2.
EXHIBIT B
WILLIAMSON ACT
MITIGATION/CONDITIONS
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 during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
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.
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 subject site frontage.
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 applicantJproperty 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, 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 map, or
application for a lot line adjustment, the following shall occur:
ORIGINAL
a. Provide fully executed dedication for Olive Drive and Allen Road to Arterial
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 I 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 Mitiqation
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
should 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% sharo;
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;
ORIG!NAL
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 Allen 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.
Reqional 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 comer 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.
S:~Dole~4-087 l~Final Will Act Mitigation.doc
ORIG!NA~.
EXHIBIT B
Future Improvements and Local Mitigation
# Intersection Total Improve
Required by
Allen Rd & [nstall~ignal - I
I 7th Standard Rd EBR, I WBL,
SBL
Allen Rd & Install Signal -~
2
iSnow Rd SBL
Allen Rd & Install Signal I
5
Olive Dr WBI., I N_BI.
Old Fanta Rd & Install Signal I
6
Olive Dr
7 J~wetta Ave & Install N~gnal 1
Olive Dr
Verdugo Ln & install S~gnal
$ Olive Dr
f allen Rd & [nslall 5;l~nal -
I Reina Rd WB1, I NBL,
12 Allen Rd & Install Signal
Nori%a Rd SE[
Santa Fe W-y & [nstatl S~gnal I
13 Hageman Rd__ WBI,, I NBL,
14 Allen Rd & install Signal 1
Itageman Rd SBR
Old Farm Rd & Install S~gnal
15
ttageman Rd
Jewetta Ave & Install Signal -
16
Itageman Rd SBL
Allen Rd & Install Signal -~
17
Meacham Rd NBL
Local Mitigation
(Improvements not
covered by RTIF)
Install Signal- I EBL,
1 NBL, EBR, INBL, I SBL
EBL,
WBR,
EBL,
i SBL
NBI.
NI3i.,
I SBL
NBL
EBL, I EBL, I WBL, 1 NBL,
I SBL 11 SBL
Ir. BI., NBL
I SBL
EBI. SBR
2 NBL,
EBR, EBR, I NBL
Project %
Share for Local
Mitigation
3.32%
(8.42%)
3.44%
(S.05%)
5.5%
(6 38%) _
7.3%
(t0.19%)
9.42%
( 14 42%)
2 13%
5 95%
(16.22%)
1.95%
(5.46%)
(%) Cahrans Percent Share Calculat,on Melhod
NB = North Bound
SB = South Bound
'arb West Bound
EB = East Bound
L = Left Turn Lane
T = Through Lane
R = Righl Turn Lane
ORIGINAL