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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. 2 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. 3 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 4 ORiGiNAL m m mm m m m m m mm m m mm m m {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