HomeMy WebLinkAboutRES NO 052-05RESOLUTION NO.__0 ~ 2'; 0 5
A RESOLUTION MAKING FINDINGS, ADOPTING THE
NEGATIVE DECLARATION, AND APPROVING
GENERAL PLAN AMENDMENT CASE NO. GPA 04-1334 OF
THE~ROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF II'HE METROPOLITAN BAKERSFIELD GENERAL PLAN,
LOCATED ON THE SOUTH SIDE OF PANAMA LANE, EAST
AND WEST OF OLD RIVER ROAD.
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 THURSDAY,
DECEMBER 16, 2004, on GPA 04-1334 of the proposed amendment to the Land Use Element
of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having
been given twenty (20) calendar days before said hearing by publication in the Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, GPA 04-1334, a requested amendment to the Land Use Element of the
Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-1334. The Lusich Company, Inc. is proposing
an amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan to change the land use map designation from R-IA (Resource-Intensive
Agriculture) to LR (Low Density Residential) on 95.94 acres; and
WHEREAS, for the above-described proposal, 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 and posted on November 17,
2004, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, the project site (95.94 acres in size) is located in the unincorporated area of
Kern County and is currently being processed for annexation to the City of Bakersfield; 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 P~an and finds the following:
1.) Soil Quality
Finding - The lands in this area are on the alluvial fan of the Kern River that generally
gently slopes to the Southwest. The properties in the vicinity and most of the San
Joaquin Valley floor in Kern County are prime agricultural farmland. The soils on the
project site on a portion of Sec. 29, T30S R27E are agricultural lands consisting of ¼ of
the area (-22 Acres), Type 127 Cajon Sandy Loam Storie Index 65 Class 2 and % of
the area (-72 Acres), Type 174 Kimberlina Fine Sandy Loam Storie Index 95 Class 1.
The United States Department of Agriculture, Soil Conservation Service, designates
these soils as Prime Farmland on Page 91 of the "Soil Survey of Kern County Northwest
Part." Land no longer available for farm production is 95.94 Acres. The amount of
prime agricultural lands in the County of Kern is 875,610 acres reference Kern County
Agricultural Commission 2001-2002 crop report. This acreage represents on a County
wide average 0.01% of the harvested acreage. Therefore, the conversion of the project
site to urbanization is appropriate for the area.
2.) Availability of irriqation water
Finding - The agricultural water supply is presently delivered from an onsite private
well and from a Kern Delta Water District canal. The use of the existing irrigation water
delivery pipeline supplying adjacent acreages will not be interrupted. The water table is
at -150 feet. The domestic water supply will come from the City of Bakersfield after
development. City water mains exist on Panama Lane immediately West of the site and
¼ mile to the East; an onsite domestic well site may be required. Agricultural water
average use for five years: (From the Operator)
3 years alfalfa @ 5' = 15 Ac. Ft./Ac.
2 years grain @ 4' = 8 Ac. Ft./Ac.
23 Ac. Ft./Ac.
1 year average 4.6 Ac. Ft./Ac.
Using one acre-foot per year for each dwelling, the proposed domestic water use for the
project is approximately 419 acre-feet annually, while the present water use is
approximately:
4.6 X 95.94- 441 Ac. Ft./year average.
A net reduction of - 441 minus -419 is -22 Acre Feet of water usage is anticipated
through urbanization of the project site. The conversion from farmland increases the
groundwater available in the basin since the project uses approximately 22 Acre Feet
per year less for a residential use than for the existing agricultural use. Therefore, the
conversion of the project site to urbanization is appropriate for the project site and area.
3.) Proximity to non-agricultural uses
Finding - The properties immediately to the North are in the City of Bakersfield. The
propedies East of Old River Road and South of Old River Road from the project are
annexing to the City of Bakersfield. The properties West of Old River Road and West of
the project are annexing to the City of Bakersfield. The project boundary is surrounded
on three sides by non-agricultural uses. Therafora, the conversion of the project site to
urbanization is appropriate for the area.
4.) Proximity to intensive parcelization
Finding - The properties immediately to the North are within the City of Bakersfield and
are being urbanized. Intensive parcelization is presently ongoing to the North where
tentative maps are approved, construction is in progress, and final tract maps are being
prepared for recording. Approximately 2269 lots have been or will be created in the near
future. Parcels to the East and South, and West are presently having tentative tract
maps being prepared; approximately 780 lots are expected to be created in these areas.
In summary, the surrounding area is being rapidly urbanized at this time. Approximately
2269 parcels will be created in the near future, and an additional 780 parcels could be
created before this project 419 parcels are created. The total number of parcels being
created by the present project and in the future is approximately 3468. The project site
is surrounded by intensive parcelization. Therefore, the conversion of the project site to
urbanization is appropriate for the area.
5.) Effect on properties subject to "Williamson Act" land use contracts
Finding - All adjacent lands have been, or are in the process of being removed from
the Land Conservation Act (Williamson Act) by their owners. The project lands are in
non-renewal of the Land Conservation Act (Williamson Act Contracts). This project is
not expected to cause a change to the character of any adjacent Williamson Act
Contract lands, because adjacent cultivated lands remain unaffected by this project.
Therefore, the conversion of the project site to urbanization is appropriate for the area.
6.) Ability to be provided with urban services (sewer1 water, roads, etc.)
Finding - The properties immediately to the North are within the City of Bakersfield and
are being serviced by urban infrastructure including streets, drainage, water, sewerage,
disposal, electrical, phone, gas and cable TV. The existing large diameter sewer in
McCutchen Road is available for sewerage disposal to the City's #3 Sewer Treatment
Plant. Urban utilities are an urban growth-inducing element, particularly to those lands
along McCutchen Road one mile to the South. Lands farther to the South of McCutchen
Road will be limited in future urbanization, since the grades to the sewer will have
adverse grades. Without sewage lift stations, lands to the South of the road will only be
able to enter the sewer to the extent that they can gravity flow to the deep sewer, which
lies at 20 to 25 feet in depth. The construction of the large diameter City sewer in
McCutchen Road, the availability of City water, and public utilities the adjacent
residential developments and adjacent utilities make development in this area and of
this project a logical step in the orderly development of the City. This project will not
result in discontinuous patterns 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. Therefore, the
conversion of the project site to urbanization is appropriate for the area.
7.) Ability to affect the application of a,qricultural chemicals on nearby agricultural propedies
Finding - Because of the proximity of adjacent uses in the County (including many farm
houses and private residences) and close proximity of the City urbanization surrounding
the site, no changes in methods of agricultural chemical application on adjacent lands
are expected to occur as a result of implementation of the project. Therefore, the
conversion of the project site to urbanization is appropriate for the area.
8.) Ability to create a precedent-setting situation that lead's to the premature conversion of
prime agricultural lands
Finding - The project is on the North boundary of the recent 4-section sphere of
influence change approved by LAFCO for this area. The project is surrounded on three
sides by the City limits and areas that are entitled for residential use and are being
currently annexed to the City of Bakersfield. The project will not change the agricultural
husbandry practices in the vicinity. This project represents the conversion of 0.01% of
Prime Agricultural lands found within the County of Kern. This amount of farmland is not
significant. The project is not premature nor will the project create a precedent-setting
situation, because it is an urban infill project that uses existing urban infrastructure. The
agricultural land conversion impacts were considered when Sec. 30, T30S R27E was
placed in the City of Bakersfield "Sphere of Influence", during the development and
approval of the Metropolitan Bakersfield General Plan and during the planning, design
and installation of McCutchen Road sewer line. 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.
9.) Demonstrated project need
Finding - The proposed project is a logical step in the orderly development of the City
of Bakersfield. 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. The
County of Kern Housing Element projects that 33% of the housing 2002-2007 needs are
allocated to the Southern San Joaquin Valley. The Housing Element of the City of
Bakersfield General Plan of 2002 indicates a need for 13,805 new dwelling units in the
period of 2002-2007 with a majority of the units in the "moderate and above" income
class. The project is part of the demonstrated need for housing of the General Plan.
10.) Necessity of buffers such as lower densities, setbacks, etc
Finding - Inclusion of Buffer Areas such as lower setbacks and densities are part of and
a result of the application of the requirements of the City of Bakersfield Zoning
Ordinance (Zoning Ordinance) on the project. The Zoning Ordinance requires the
application of setbacks to residential lots adjacent to agricultural areas that will be
applied to and be made a requirement of the project during the Tentative Tract Map
process. Lower density buffer areas will be created through the application of the
required setbacks of the Zoning Ordinance adjacent to residential lots adjacent to
agricultural areas. The requirements of the City Zoning Ordinance will be implemented
as specific tentative tracts are developed. Therefore, the conversion of the project site
to urbanization is appropriate for the area.
WHEREAS, by Resolution No. 185-04 on December 9, 2004, the Planning Commission
approved Case No. GPA 04-1334, as shown in Exhibit "A", and this Council has fully
considered the findings made by the Planning Commission as set forth in that Resolution; and
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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 Case No. GPA 04-1334 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 cimulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
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 State of California Department
of 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 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.
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 Negative Declaration, with mitigation measures, for GPA 04-1334 is hereby
adopted.
The City Council hereby approves and adopts Case No. GPA 04-1334 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",
with conditions of approval/mitigation measures as provided in Exhibit "B",
attached hereto and incorporated as though fully set forth, for property located
on the south side of Panama Lane, east and west of Old River Road.
The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "C" is
hereby adopted.
......... 000 ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the
Counci~,RofM 9t 05City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES:
NOES:
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER /7~
COUNC~LMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC U
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits Attached:
Exhibit A - Land Use Map
Exhibit B - Conditions of Approval
S:\GPA 4th 2004\03-0746\RGPA.CC 03-0746.DOC
EXHIBIT A
DUENA '~/If~TA RnAr~
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PROGRESS ROAD
EXHIBIT B
GENERAL PLAN AMENDMENT/ZONE CHANGE 04-1334
CONDITIONS OF APPROVAL/MITIGATION MEASURES
PUBLIC WORKS
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 GPNZC 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
GPAJZC area to accommodate serving the adjacent developments.
3.) Normal full frontage improvements shall be required at time of development.
4.)
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.)
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.
7.)
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.
P :\Conditions of Approval.doc
PLANNING
8.) The following note shall appear on all final maps:
"Neiqhborin,q 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 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. Evidence of payment must be submitted to the
Planning Department prior to any development.
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:
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.
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OR ,~.N,~,L
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.
P:\Conditions of Approval.doc
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