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,
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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.
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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.
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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.
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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
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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.
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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.
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Exhibit B
General Plan Amendment Map
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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
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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.
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