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HomeMy WebLinkAboutRES NO 053-05RESOLUTION NO. 058 "0 5 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING THE CANCELLATION OF A LAND CONSERVATION CONTRACT (WILLIAMSON ACT) FOR 80.1'1 ACRES ON CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD LOCATED ON THE SOUTH SIDE OF PANAMA LANE AND WEST OF OLD RIVER ROAD [GOVERNMENT CODE SECTION 5`1282(a)(1)]. WHEREAS, The Lusich Company, Inc. 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, THURSDAY, DECEMBER 9, 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, such cancellation is as follows: Williamson Act Contract Cancellation: The Lusich Company, Inc. for Richard Antongiovanni, Geri Lynn Carlson, Mary Ellen Odom, Steven Antongiovanni, Brian Antongiovanni, David P. Antongiovanni Family Trust, Michael D. Antongiovanni & Nancy L. Turnipseed, Co-Trustees, Ernest L. Antongiovanni as Trustee of the Ugo Antongiovanni Trust, Ernest L. Antongiovanni, Martha Jean Ball, and Claudia Lee Heinle, applied to cancel the Land Conservation Contract (Willianson Act) on 80.11 gross acres; and WHEREAS, the requested cancellation covers portions of the northeast quarter of Section 30, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, as described in Exhibit "A", and shown generally in Exhibit "B"; and WHEREAS, the subject property is also part of an annexation to the City of Bakersfield in said County and State; and WHEREAS, the subject property is also served by the Kern Delta Water District; and WHEREAS, the project site contains approximately 80.1 t acres; and WHEREAS, the subject site is also part of a General Plan Amendment/Zone Change (GPNZC 04-1334) 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, the cancellation is for land on which a notice of nonrenewal has been served pursuant to Section 51245 of the Government Code, said notice was recorded on 0203227570 and 0204155076, as Document No. 10-17-2003 and 7-06-2004, respectively, in the Office of the Kern County recorder; and 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/Zone Change No. 04-1334; and WHEREAS, the cancellation will not result in discontiguous patterns of urban development since adjacent lands in the City of Bakersfield 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 noncontracted 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, 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 if certain mitigation measures are adopted for potential impacts to air quality, and, therefore, a Negative Declaration with mitigation measures was prepared for the project in accordance with CEQA; and WHEREAS, the Kern County Assessor has determined the cancellation value to be $2,323,190.00; and WHEREAS, 12½% of that value would be $290,399; and WHEREAS, the request for the cancellation of the Land Conservation Contract by The Lusich Company, Inc. was duly heard and considered by the Planning Commission at a public hearing held December 9, 2004; and WHEREAS, by Resolution No. 187-04 on December 9, 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 S:/GPA 4th 2004\04-1334\Williamson Act Cancellation CC RES doc 2 WHEREAS, that Zone Change No. 04-1334 for the subject property, is conditioned upon payment of the fee calculation by the Kern County Assessor noted above, prior to any further urbanization of the property. 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, March 9, 2005, 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 WHEREAS, the Council has considered and hereby makes the following findings: 1. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the proposed development. 2. The public necessity, general welfare and good zoning practice justify the cancellation of the Land Conservation Contract on the 80.11 acres, located on the south side of Panama lane and west of Old River Road. The subject property, with approval under General Plan Amendment No. 04- 1334, will be designated LR (Low Density Residential) under the Metropolitan Bakersfield General Plan Land Use Plan. The subject property, with approval under Zone Change No. 04-1334, will be prezoned to R-1 (One Family Dwelling). The cancellation is compatible with the surrounding uses. The cancellation is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment/Zone Change No. 04-1334 and to conditions imposed on General Plan Amendment/Zone Change No. 04- 1334. That the cancellation is consistent with the purposes of Title 5, Division 1, Part 1, Chapter 7 (the California Land Conservation Act of 1965 or the Williamson Act) of the Government Code. 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, IT IS HEREBY FOUND AND RESOLVED as follows: 1. The above recitals, incorporated herein, are true and correct. S:\GPA 4th 2004\04-1334\Williamson Act Cancellation CC RES doc .'~ The Negative Declaration for cancellation of the Land Conservation Contract (Williamson Act) is hereby adopted. The City Council hereby approves the tentative cancellation of the Land Conservation Contract (Williamson Act) on 80.11 acres, as described in Exhibit "A", and shown generally in Exhibit "B", located on the south side of Panama Lane and west of Old River Road, subject to prior approval of General Plan Amendment/Zone Change No. 04-1344, with Conditions of Approval/Mitigation Measures as shown in Exhibit C, and subject to payment of a cancellation fee of $290,399.00 to be recomputed if not paid within a year of the tentative cancellation's approval. Staff is authorized to record the tentative cancellation upon satisfaction of all conditions. The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "D" is hereby adopted. ......... 000 ........ S:\GPA 4th 2004\04-1334\Williamson Act Cancellation CC RES.doc 4 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of ..th,.e,,,,,.City of Bakersfield at a regular meeting thereof held on J~AR ~! /UlJ3 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMSER COUNCILMEMBER COUNCILMEMBER ~o~-: ~~ PAMELA A. McCARTHY, CMC~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 9 1.005 APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Williamson Act Cancellation Description Exhibit B - Location Map Exhibit C - Conditions of Approval/Mitigation Measures Exhibit D - Mitigation Monitoring S:/GPA 4th 2004\04-1334\Wiiliamson Act Cancellation CC RES doc 5 EXHIBIT "A' WILLIAMSON ACT CANCELLATION DESCRIPTION OF SOUTHWEST CORNER OF PANAMA LANE AND OLD RIVER ROAD BEING ALL OF LOTS 1, 2, 3 AND 4 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, FILED IN THE OFFICE OF COUNTY RECORDER OF SAID COUNTY ON JANUARY 22, 1892, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF PANAMA ROAD A DISTANCE OF 1323.40 FEET TO THE NORTHEAST CORNER OF SAID LOT 3 AND THE POINT OF BEGINNING; THENCE SOUTH 00° 00' 00" EAST ALONG THE EAST LINE OF SAID LOT A DISTANCE OF 1320.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 90° 00' 00" WEST ALONG THE SOUTH LINE OF SAID LOTS 3 AND LOT 4 A DISTANCE OF 1320.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 00° 00' 00" WEST ALONG THE WEST LINE OF SAID LOT 4 A DISTANCE OF 1320.00 FEET TO SAID NORTH LINE OF SECTION 30; THENCE SOUTH 90© 00' 00" EAST ALONG SAID NORTH LINE A DISTANCE OF 1320.00 FEET TO THE POINT OF BEGINNING. CONTAINING 40.00 GROSS ACRES MORE OR LESS. PARCEL 2 BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH LINE OF SAID SECTION 30 AND THE CENTERLINE OF PANAMA ROAD A DISTANCE OF 1323.40 FEET TO THE NORTHWEST CORNER OF SAID LOT 2 AND THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 00° 00' 00" EAST ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 1320.00 FEET TO THE SOUTHWEST CORNER OF SAiD LOT; THENCE SOUTH 900 00' 00' EAST ALONG THE SOUTH LINE OF SAID LOTS 2 AND 1 A DISTANCE OF 1323.50 FEET TO THE EAST LINE OF SECTION 30 AND THE CENTERLINE OF OLD RIVER ROAD; THENCE NORTH 00° 00' 16" WEST ALONG SAID EAST LINE A DISTANCE OF 1323.40 FEET TO THE POINT OF BEGINNING. CONTAINING 40.11 GROSS ACRES MORE OR LESS. EXHIBIT C CANCELLATION OF A LAND CONSERVATION CONTRACT (WILLIAMSON ACT) CONDITIONS OF APPROVAL/MITIGATION MEASURES PUBLIC WORKS 1.) Prior to approval of any development plan, improvement plan for a tentative subdivision map, or application for a lot line adjustment, the following shall occur: a) Provide full dedication for Panama Lane and Old River Road to arterial standards Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b) Provide a sewer study for the entire area covered by the GPA/ZC. This study shall also cover any area between this GPA/ZC area and the nearest point of connection and shall delineate the possible sewer service area and shall size the main line accordingly. The developer shall aid in the formation of a Planned Sewer Area and may enter into a oversizing agreement with the City of Bakersfield. 2.) No more than 2 storm drainage basins will be allowed for the entire GPA/ZC area - one for the 80 acres west of Old River and one for the 20 acres east of Old River. The basin east of Old River shall be located on the periphery of the GPA/ZC area to accommodate serving the adjacent developments. 3.) Normal full frontage improvements shall be required at time of development. Pay the standard fees for the Regional Transportation Impact Fee, as adopted at time of vesting of the development. 5.) Site specific access shall be limited and shall be determined at time of subdivision review. Medians or other approved means shall be required to facilitate limiting access. 6.) 7.) 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. The developer shall pay the median fees for the frontage of the property within the GPA request prior to recordation of a final map or issuance of a building permit. S:~GPA 4th 2004~)4-1334~ConditJons of Approval.doc PLANNING 8.) The following note shall appear on all final maps: "NeiqhborinR Business Activity Statement: The County of Kern encourages operation of properly conducted business in agricultural, oil, mining, manufacturing, and other nonresidential operations within the County. If the property you are purchasing is located near these businesses, you may be subject to inconveniences or discomforts arising from such operations to the extent allowed by law. This notice does not waive your legal rights." 9.) 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. 10.) Mitigation measures for construction equipment exhaust: Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. Encourage ride sharing and use of transit transportation for construction employee commuting to the project site. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Curtail construction during periods of high ambient pollution oncentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 11 .) Mitigation measures for fugitive dust emissions: Ail 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. 2 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, excavating, 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 proceeded 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 constructions site. Implementation of carryoutJtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVUAPCD Regulation VIII. S:\GPA 4t~ 2004~04-1334~Conditions of Approval.doc EXHIBIT D Cancellation of Land Conservation Contract (Williamson Act) Mitigation Monitoring and Reporting Checklist VERIFICATION OF COMPLIANCE NO. Monitoring and Party Mitigatio~ Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks (1) The following mitigation measures for construction Construction Construction Planning equipment exhaust shall be implemented: Review Approval Department 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 asseciated with idling engines. c) The developer shall encourage ride sharing and use of transit transportation for construction empioyee communting to the project site. d) The developer shall use electric equipment for ~onstruction whenever possible in lieu of fossil fuel- fired equipment. e) The developer shall curtail construction during )eriods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. (2) The following mitigation measures for fugitive dust emissions shall be implemented: a) For all disturbed areas, including storage piles, which are not being actively utilized for construction purposes, the developer shall effectively stablize dust emissions using water, chemical stablizer/ suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) For all onsite unpaved roads and offsite unpaved access roads, the developer shall effectively stablize of dust emissions using water or chemical stablizer/suppressant. c) For all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities, the developer shall effectively control fugitive dust emssions utilizing application of water or by presoaking. d) When materials are transported oflsite, the developer shall ensure that it is 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. e) For all operations, the developer shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each w~rkday. (The use of dry rotary brdshes is expressly prohibted except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly prohibited). f) Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, the developer shail ensure that said piles are effectively stabiized of fugitive dust emissions utilizing sufficient water or chemical stablizer/suppressant. g) The developer shall ensure that trackout is immediately removed when it extends 50 feet, or more, from the site and at the end of each workday. h) When the construction site has 150 or more vehicle trips per day, the developer shall prevent carryout and trackout. i) The developer shall ensure that ali asphalt- concrete paving complies with San Joaquin Valley Air Pollution Control Distdct Rule 4641. The developer shall aiso restrict the use of cutback, slow-cure and emulsified asphalt paving materials. j) The developer shall cease grading activities dudng pedods of high winds (greater than 20 mph over a one-hour period). k) The developer shall limit construction-related vehicle speeds to 15 mph on all unpaved areas on the project site. ~) The developer shall implement carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation Viii.