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HomeMy WebLinkAboutRES NO 032-06 RESOLUTION NO. 032-06 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-0926, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EAST BERKSHIRE ROAD AND MADISON STREET. WHEREAS, Jerry L. Hendricks, for Charles L. Crowell, filed an application requesting a General Plan Amendment, change of zoning of that certain property within the City of Bakersfield as hereinafter described; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65363 of the Government Code, held a public hearing on Monday, November 28, 2005, and on Thursday, December 1,2005, on General Plan Amendment No. 05-0926, 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. 05-0926, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-0926: Jerry L. Hendricks for Charles L. Crowell applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 22.32 acres. The project site is generally located on the southwest corner of East Berkshire Road and Madison Street; and WHEREAS, for the above-described project, an Initial Study was conducted for General Plan Amendment No. 05-0926 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 California Environmental Quality Act (CEQA); 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 and city Council have 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: 1. Soil Qualitv Finding - The soil type of the project site (Kimberlina fine sandy loam, 0-2 percent slopes) are some of the most common soils within the Valley Floor of Kern County. The soil type is not unique or found only on the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area, .,'\( ( ". -- '- ,--,,""\ft; 2. Availabilitv of irrioation water Finding - The site is currently being agricultural land, Irrigation water remains available. 3. Proximity to non-aoricultural uses Finding - There are several existing and proposed subdivision tracts lying within Yo mile from the proposed project site to the north, west, and south. 4. Proximitv to intensive parcelization Finding - The areas surrounding the site, specifically to the north, west, and south are planned for residential development. Therefore, the conversion of the project site to urbanization is appropriate for the area. 5. Effect on properties subiect to "Williamson Act" land use contracts Finding - No parcels within the project site are currently under a Williamson Land Use Contract. 6. Abilitv to be provided with urban services (sewer, water, roads, etc,) Finding - The site is accessible by existing City and County maintained road, Le" Berkshire Road. Municipal sewer and water service is expected to be taken from Berkshire Road. City sewer service is to be required as a condition of this development. 7. Abilitv to affect the application of aoricultural chemicals on nearbv aoricultural properties Finding - Changes to methods of agricultural chemicals applied to adjacent lands that would occur as a result of implementation of this project are not expected due to the proximity of existing and proposed residential development. 8, Abilitv to create a precedent-settino situation that leads to the premature conversion of prime aoriculturallands Finding - The property is currently zoned for agriculture and is designated for agricultural use. Parcels in all directions are currently being developed or are planned for development. 9. Demonstrated proiect need Finding - The project is in accord with adjacent residential development and in the area, and is necessary to provide for housing to offset the deficiency in urban housing demand. 10. Necessitv of buffers such as lower densities, setbacks. etc Finding -The project site is located adjacent to agricultural and residential land. 2 The proposed development to the north, west, and south of the project boundary represents future proposed residential development. The proposed project is consistent with this use. WHEREAS, by Resolution No. 187-05 on December 1, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-0926 subject to the "Mitigation/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 restated herein; 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 WEDESDAY, February 8,2006, on General Plan Amendment No. 05-0926, notice oftime 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 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, 187-05, adopted on December 1, 2005: a. All required public notices have been provided. b. The provisions of CEQA have been met. c. Based upon the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. d. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. e. The land use designation change from R-IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 22.32 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. f. 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. 3. That the applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. 4. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 3 NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission ofthe 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. 05-0926 is hereby approved and adopted. 3. The report ofthe 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. 05- 0926, 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 southwest corner of East Berkshire Road and Madison Street, subject to "Mitigation/Conditions of Approval" listed in Exhibit "A." 5. 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 purposes 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 Fish and Game Code. Additionally the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the lead agency's decision to prepare a Negative Declaration for this project. 6. That General Plan Amendment No. 05-0926, 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. ---------()()()-------- 4 I HEREBY CERTIFY that the foregoing Resolution was passed and~.dopted b..'Ltbe Council of the City of Bakersfield at a regular meeting thereof held on FES 8 lDOO by the following vote: / Þìí~ COUNCILMEMBER CO~, CA~N, BENHAM, MAG;~RD, HA:S;;N, SULLI;~, SC;;NER Nð~ COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED FES 8 2006 PAMELA A. McCARTHY, CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By ~Ì}7- ,J¡,'i¡ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map JS - S:\GPA 4th 2005\05-0926\PC PackagelCC Resolution GPA 05.0926.doc 5 Exhibit A Mitigation/Conditions of Approval EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 05-0926 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resources 1. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 2. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code, If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050,5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately, ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 3. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: · Provide fully executed dedication for East Berkshire Road and Madison Street to collector 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. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. · This GPAlZC area is too small to support it's own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPAlZC area must be included within the drainage area of adjoining property, The developer shall participate in the development of a Planned Drainage Area and provide a drainage study for the GPAlZC area, showing it's proportionate share of the necessary ultimate storm drainage facilities. · In order to preserve the permeability of the sump and to prevent the introduction of sediments from construction or from storm events, all retention and detention basins (sumps) shall have a mechanical device in Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 2 of 3 the storm drain system to remove or minimize the introduction of oil, grease, trash, and sediments to the sump, This device shall be reviewed and approved by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. . Sewer service must be provided to the GPAlZC area, The developer shall be responsible for the initial extension of the sewer line to serve the property. This sewer line must necessarily be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 4. 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. 5. The development shall contribute to the construction of the bridge over the Arvin Edison Canal on Madison Street. 6. Access to the project area from East Berkshire Road Avenue is provided by a sub-standard road. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. Traffic Conditions 7, A traffic analysis dated June 15, 2005 was prepared by Hendricks Engineering justifying that no detailed traffic study is required. The analysis shows the change will result in an insignificant increase in potential trip generation (89 PM peak hour trips based on expected dwelling units) which is below thresholds established by the City and Caltrans (100 peak hour trips). We concur with the findings of the analysis and recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore will do so due to the minor increase. ----..- _.._'---_.."..~"._- ----_..~-,.".." Exhibit A-1 Coditions of Approval GPZlZC 05-1344 Page 3 of 3 Department of Conservation Condition: 8, The proposed project is located beyond the administrative boundaries of any oil or gas field. There are no oil, gas, or injection wells within the boundaries of the project site, Regardless, if excavation or grading operations uncover a previously unrecorded well, the Division district office in Bakersfield shall be notified as such wells may require remedial operations. It will be the responsibility of the developer to notify such Division and bear all costs associated with remediation. Citv Attornev 9. 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 attorney 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. JS:jm S:\GPA 4th 2005\05-0926\Env DoclEXHIBIT A.doc Exhibit B General Plan Amendment Map m . I :..Jlli~~1 8 I S . IJ I ~ ,JJJE I ~I I , IlJNION AVENUE i 8 ~ i i ~ m ~ ~ ,,- I m ~ ~ ~ ! 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METROPOLITAN BAKERSFIELD GENERAL PLAN Land Use Desi nations RR Rural Residential LI Light Industrial 2.5 gross acres/dwelling unit SI Service Industrial ER Estate Residential 1 dwelling unit/net acre HI Heavy Industrial SR Suburban Residential - - - -. s 4 dwelling uni~net acre P Public Facilities SRI LR County: S 4 dwelling units/net acre City: S 7.26 dwelling units/net acre PS Public/Private Schools LR Low Density Residential PT Public Transportation Corridors S 7.26 dwelling units/net acre P-SW Solid Waste Facilities LMR Low Medium Density Residential > 4 units but S 10 dwelling units/net acre OS Open Space HMR High Medium Density Residential OS-P Parks and Recreation > 7.26 units but S 17.42 dwelling unitslnet acre OS-S Slopes exceeding 30% HR High Density Residential > 17.42 units but S 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture 20 acre minimum parcel size ----- R-EA Resource - Extensive Agriculture HC Highway Commercial 20 acre minimum parcel size 80 acre min (Williamson Act) GC General Commercial R-MP Resource - Minerals & Petroleum MC Major Commercial 5 acre minimum parcel size OC Office Commercial MUC Mixed Use Commercial General Plan Street Classification Freewavs provide service to through traffic exclusively with no access to abutting property and no at-grade intersections. EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have grade separations at intersections, and may be an interim facility for an ultimate freeway. Arterials are used primarily by through traffic with a minimal function to provide access to abutting property . Collectors function to connect local streets with arterials and to provide access to abutting property. Locals are exclusively for property access and through traffic is discouraged. S:\Formslzone-gp.doc