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Home My WebLink AboutRES NO 183-05 RESOLUTION NO. 1 8 3 .; 05 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 04-1764, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF PANAMA LANE AND BUENA VISTA ROAD. WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Govemment Code, held a public hearing on Monday, June 13,2005, and on Thursday, June 16, 2005, on General Plan Amendment No. 04-1764, 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 No. 04-1764, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 04-1764: Smith Tech USA, Inc. for Kevin Pascoe applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from R-IA (Resource Intensive Agricultural) to LR (Low Density Residential) on 41.89 acres. The project site is generally located on the southeast comer of Panama Lane and Buena Vista Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 04-1764 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration was prepared in accordance with the Califomia Environmental Quality Act (CEQA); and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 69-05 on June 16, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-1764 subject to mitigation and conditions of approval listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as reinstated herein; and « 'ØM~~ o ~ ~ - ,.... rr - ,... v ORIGINAf 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, AUGUST 17, 2005, on General Plan Amendment No. 04-1764, notice of time and place of the hearing having been given atleast 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. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution no. 69-05, adopted on June 16, 2005; a. 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 Plan and found the following: a1) Soil Qualitv Based on the fact the project represents less than .005% of the available prime agricultural land on a County wide basis, the conversion of the project site to urbanization is appropriate for the area. a2) Availabilitv of irriaation water Based on the fact water use for low density residential will be approximately the same as for crop use, the conversion of the project site to urbanization is appropriate for the area. a3) Proximity to non-aaricultural uses Based on the fact the project contains non-agricultural uses to the north, south and east (partially) and proposed non-agricultural uses on the balance of the adjacent properties, the conversion of the project site to urbanization is appropriate for the area. a4) Proximitv to intensive Darcelization Based on the recent parcelization to the north and the proposed parcelization to the east and west, the conversion of the project site to urbanization is appropriate for the area. 2 '9MS'-9 J- Ô' '"" >- - r-: J! '6 C::> ORIGINAL a5) Effect on properties subject to "Williamson Act" land use contracts Based on the fact no parcels within the zone of Influence for this project are subject to "Williamson Act" contracts, the conversion of the project site to urbanization is appropriate for the area. a6) Abilitv to provide urban services (sewer. water. roads. etc.) Based on the fact sewer is immediately available and the extension of public utilities from the north is available and a logical step in the orderly development of the City, the conversion of the project site to urbanization is appropriate for the area. a7) Ability to affect the application of aqricultural chemicals on nearby aoricultural properties Based on the fact existing homes and school preclude changes in methods of chemical applications to nearby agricultural properties, the conversion of the project site to urbanization is appropriate for the area. a8) Abilitv to create a precedent-settinq situation that leads to the premature conversion of prime aoriculturallands Based on the fact surrounding areas are either urban in nature or proposed to be urban and precedent-setting agricultural conversion issues were considered when the project was incorporated into the City's sphere of influence, the conversion of the project site to urbanization is appropriate for the area. a9) Demonstrated project need Based on the fact the project is in accordance with the General Plan's Housing Element and is necessary to offset the deficiency in urban housing demand, the conversion of the project site to urbanization is appropriate for the area. a10) Necessjty of buffers such as lower densities, setbacks. etc Based on the fact the City of Bakersfield Zoning Ordinance regulates densities and setbacks in regards to residential zones being adjacent to agricultural zones, the conversion of the project site to urbanization is appropriate for the area. 3 «. 'ò/>.K~~ () ~ :>- - ..... m _ r- '-' C:> ORIGINAL b. The proposed project provides additional land area for the expansion of existing uses and development of new uses consistent with General Policy 75 of the Land Use Element of the Metropolitan Bakersfield General Plan. c. The proposed project accommodates a new project that is infill or expansion of existing urban development consistent with General Policy 78 of the Land Use Element of the Metropolitan Bakersfield General Plan. d. The project provides for an orderly outward expansion of new "urban" development and maintains continuity of public services, minimizes impacts on natural environmental resources, and provides a high quality environment for living and business consistent with General Policy 79 of the Land Use Element of the Metropolitan Bakersfield General Plan. e. All required public notices have been given. f. The provisions of the California Environmental Quality Act have been met. g. The proposed project would not have a significant effect on the environment. h. The proposed project is consistent with the Metropolitan Bakersfield General Plan. i. Based on the absence of evidence in the record as required by Section 21082.2 ofthe 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. 3. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. 4. That General Plan Amendment No. 04-1764 is hereby approved from R-IA (Resource Intensive Agricultural) to LR (Low Density Residential) on 41.89 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. 4 '< 'òþ.l{~~ o ~ >- - '::: ~ <.? c:, ORIGINAL 5. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: 1. The above recitals and findings incorporated herein, are true and correct. 2. The Negative Declaration for General Plan Amendment No. 04-1764 is hereby approved and adopted. 3. 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 hereby approves and adopts General Plan Amendment No. 04- 1764, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located on the southeast corner of Panama Lane and Buena Vista Road, subject to mitigation and conditions of approval listed in Exhibit "A". 5. That General Plan Amendment No. 04-1764, approved herein be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ---------000-------- 5 «. 'òÞ.Kt~ () '!¡. >- - "' t;:; ,f- ~ORIJ 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 AUG 1 ., 2DD5 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERl' n4~ \ ~ I }-\c."';-rJ. Cru.£\..) \Icw.~) c:.,..,,~ :.,"",,- t ~ COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PA~R~ Þ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 ., 20œ JI~ HARVEY L. ALL MAYOR of the City of Bakersfield APPROVED as to fonm: VIRGINIA GENNARO City Attorne:/7 By: Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map D2 - S:\GPA 2nd 2005104-1764IResolutions-OrdinancesICC GPA Resolution.doc 6 'òM¿:--9 ~ ~ ;:... - m I;::. l- t.:> (:) I'\RIGINAL Exhibit "A" Conditions of Approval/Mitigation General Plan Amendment/Pre-zoning 04-1764 1. Comply with all recommended mitigation as outlined in the "Air Quality Impact Study for Project Located South of Panama Lane and East of Buena Vista Road - Bakersfield, California." Said study is referenced as Exhibit "B" in the Initial Study. (Mitigation Measure) 2. 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. (mitigation Measure) 3. 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. (Mitigation Measure) 4. 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. (Mitigation Measure) 5. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Buena Vista and Panama Roads to arterial standards for the full frontage 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 covering the entire 140 acre property to be reviewed and approved by the City Engineer. No more than 1 sump per 80 acres 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 the entire 140 acre property, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. Resolution for 04-1764 -1- Exhibit A - Conditions of Approval/Mitigation "- 'òf>-.K~?> o ~ >- - m ~ t- ¡;> QRIGINAC' c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Provide a master sewer concept study for the entire 140 acre property to be reviewed and approved by the City Engineer. (Condition) 6. With development of the site, construct the landscaped median in Buena Vista Road in front of the school. Pay median fees for the balance of the Buena Vista Road frontage. Construct the landscaped median in Panama Lane in front of Tract 6104. Pay median fees for the balance of the Panama Lane frontage. (Condition) 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. (Condition) 8. Traffic - Local Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee or included with nonmal development improvements) as indicated in Tables 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. a. Buena Vista Rd & Campus Park Dr, Add east and west bound left turn lanes, 3.73% share b. Buena Vista Rd & Pacheco Rd, Add west bound left turn lane, 4.02% share c. Buena Vista Rd & Harris Rd, Add east and west bound left turn lanes, 5.03% share d. Mountain Vista Rd & Panama Ln, Add north and south bound left turn lanes, 3.13% (Mitigation Measure) 9. Traffic - Regional Mitigation: Pay the standard residential fees, as adopted at time of development. (Mitigation Measure) 10. There is one plugged and abandoned well on the site (ChevronlTexaco "KYC-Q'Hare" 21X-30). This well will be exposed for inspection and leakage testing prior to any construction on the project, remedial !" ç,Þ,((\ Resolution for 04-1764 - 2 - Exhibit A - Conditions of Approval/Mitigation 'f;. ORIGINAtE .-.---_._-,.~._--_._.._--_._--_.__..__.__..-~ ......----.---...----'----.-....---,,-- operations may be required. The well location will be recorded on all future maps with a 10-foot non-buildable radius indicated on the map. Submit a legible copy of the final map to the Division of Oil and Gas. (Condition) 11. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions. causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attomey or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Resolution for 04-1764 X ~Þ.Kf-9 () ~ :>- - I- m Exhibit A - Conditions of Approval/Mitigation õ r; ORIGINAL -3- Exhibit "B" "" ;; "" ;; g " G') -a r » '" 0 .þ.. TARO . C ~ ........ GJ E en ~ " !õ !õ .þ.. » C'> [J :::0 . - r » '" -a 0 ",S. r '" :i;~ !õ !õ i>!i r .- r~ '" '" o· " E :::0 EJ < 0 r '" r '" m >< :r -. tr -. .... ... !õ ; ~~ ~ ~ ~ ii1 ~z g - ~ ~~Kt>9 ..n () ~~ >- iíi - t:; r- V c:, ORIGINAL ~ ! ---.-----...-