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HomeMy WebLinkAboutRES NO 033-06 -, RESOLUTION NO. '033':''0--6- RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 05-0931 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH OF SNOW ROAD, GENERALLY WEST OF COFFEE ROAD. (Ward 4). 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 MONDAY, DECEMBER 12, 2005, and continued to THURSDAY, DECEMBER 15, 2005, on Case No. 05-0931 of a proposed amendment to the Land Use Element of the General Plan, 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, such General Plan Amendment No. 05-0931 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 05-0931: SmithTech/USA, Inc., for Oak Tree Development Co., Inc., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows to the Land Use designation from SR (Suburban Residential) to LR (Low Density Residential) on approximately 80 acres. The project site is located north of Snow Road, generally west of Coffee Road; 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 and a Negative Declaration with mitigation was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 206-05 on December 15, 2005, the Planning Commission recommended approval of General Plan Amendment No. 05-0931 subject to conditions and mitigation listed in Exhibit "A" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; 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 WEDNESDAY, February 8,2006, on the above described General Plan Amendment No, 05-0931 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 circulation; 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 1 _T' "(" uses; and WHEREAS, the City Council 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 finds the following: 1 . Soil Qualitv Finding - The soil of the project site (Kimberlina fine sandy loam and Milham sandy loam) 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. 2, Availabilitv of Irrioation Water Finding - Agricultural groundwater levels in the area have shown a net loss, and are in a state of overdraft. Based on figures from the Kern County Water Supply Agency's 1999 Water Supply Report published in 2003, the current agricultural water use for agricultural crops, in rotation, on the project's land is approximately 419 acre-feet per annum. However, after development occurs on the site, water will be supplied by the City of Bakersfield, Therefore, the conversion subject property to urbanization is appropriate for the area. 3, Proximitv to Non-Aoricultural Uses Finding - There are existing and proposed subdivision tracts lying within Yo mile from the proposed project site to the west, and south. The general area is transitioning from open/agriculture to urban uses. 4. Proximitv to Intensive Parcelization Finding - The following indicates the designations as reflected in the Metropolitan Bakersfield General Plan and proposed amendments that will allow future parcelization to the north and west of the project site. North is Suburban Residential, South is Intensive Agriculture, East is Estate, and West is Estate. 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 - Two parcels within the Zone of Influence (land near a given project both directly adjoining and within a defined distance away (minimum Yo mile), that is likely to influence, and be influenced by the agricultural land use of the subject project site) that currently are under a Williamson Land Use Contract and have filed Notices of Non-Renewal with the Kern County Planning Department. The land is not currently contracted under the Williamson Act. 6. Abilitv to be Provided with Urban Services Finding - The site is accessible by existing City and County maintained roadways, i.e. Snow Road. Sewer and water service will be along Calloway Drive and Etchart Roads. North of the River Sanitary 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 2 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 Aoricultural Lands Finding - This property is currently zoned for agriculture and is designated for suburban residential uses. Parcels to the north and west of the project site are currently being developed or are planned to be developed as residential uses. 9. Demonstrated Proiect Need Finding - 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 proposal is a logical expansion of residential development in this portion of the City of Bakersfield. The project site is near existing and future residential uses. The Bakersfield Metropolitan General Plan encourages the orderly outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. According to the Kern Council of Governments (Kern COG) projection for population growth in "Urban Bakersfield", there will be an increase of approximately 144,000 persons between 2000 and the year 2010. As part of the Housing and Community Development Needs Survey (conducted for the Consolidated Plan 2005), Homeownership was given the highest importance rating. This project will help mitigate problems caused by increased housing demand by providing a desirable lot layout of single family residential development. 10. Necessitv of Buffers Such as Lower Densities, Setbacks, etc Finding - The future residential development of this subject property is not proposing the creation of buffer zones as the proposed development is intended to be similar to the eventual adjacent subdivisions to the north, south and west. Inclusion of buffer areas will be addressed with the requirements of the City of Bakersfield Zoning Ordinance. 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 for residential lots adjacent to agricultural areas. WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. 2. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 3. That the Negative Declaration for the proposed General Plan Amendment No. 05- 0931 is hereby recommended for approval, 4. The General Plan Amendment 05-0931 is hereby approved designation from SR (Suburban Residential) to LR (Low Density Residential) on approximately 80 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. 3 5. As to General Plan Amendment 05-0931 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations designation from SR (Suburban Residential) to LR (Low Density Residential) on approximately 80 acres, as requested by the applicant and shown on attached map in Exhibit "B", located north of Snow Road, generally west of Coffee Road, the Planning Commission hereby recommends approval of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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, 05-0931 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, 05- 0931 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located north of Snow Road, generally west of Coffee Road, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 05-0931, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan, ---------000-------- 4 I HEREBY CERTIFY that the foregoing Resolution was passed an~ÊgoPtlf žlYfbe Council of the City of Bakersfield at a regular meeting thereof held on Ub , by the following vote: '--A~~) N . ABSTAIN: ABSENT: .....- v-- ¡...--- V j.../-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~L1.m(r~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler of the Council of the City of Bakersfield APPROVED fEB 8 2006 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ¡er;tA/;?n- ~ , Attached: Exhibit A - Conditions of Approval Exhibit B - Map MO:djl S:\GPA 4th 2005\05-0931\Resolutionslres,gpa_cc.doc 5 Exhibit A Conditions of Approval EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 05-0931 Air Quality Mitiqation Measures: To ensure that project emissions are minimized, the applicant is proposing a number of mitigation measures. The following measures have either been applied to the project through the latest URBEMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules. Therefore, the applicant/developer of the project site shall submit documentation to the Planning Department prior to issuance of any building permit that they will/have met the following air quality mitigation measures: 1. The following mitigation measures can be utilized during the construction phase of the project to reduce construction exhaust emissions: a) Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines, c) Encourage ride sharing and use of transit transportation for construction employee commuting to the project site. d) Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. e) Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 2, Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM1Q Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust ernissions associated with this project: a) 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 Exhibit A Conditions of Approval GPAlZC 05-0931 Page 2 of 8 stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. b) All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical sta bi I izer/su pp ressa nt. c) All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. d) When materials are transported off-site, all materials 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. e) 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 preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden. f) Following the addition of materials to, or the removal of arterials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. g) Within urban areas track out shall be immediately removed when it extends 50 or more feet from the site and at the end of each workday. h) Any site with 150 or more vehicle trips per day shall prevent carryout and track out. i) 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, Exhibit A Conditions of Approval GPAlZC 05-0931 Page 3 of 8 j) Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). k) Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. I) Implementation of canryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Cultural Impact Mitioation Measures: 3, If subsurface archaeological resources are unearthed during future construction activity, work shall stop in the areas of the discovery until the finds can be evaluated, If detenmined necessary, impacts to significant cultural resources shall be mitigated prior to the resumption of development. 4. 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, 5. The following tables indicate mitigation recommended by the Traffic Study submitted for the project. Exhibit A Conditions of Approval GPAlZC 05-0931 Page 4 of 8 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Calfee Rd & 7 Install Signal -2 EBL, 2 EBT, 1.01% Standard Rd 1 EBR, 1 WBL, 2 WBT, 2 NBL, 1 EBL, 1 WBT, 2 SBL (1.36%) 1 NBR, 1 SBL 2 Calloway Dr & Install Signal - 1 EBL, 1 EBL Etchart Rd 1 NBL, 1 SBL 5 Calfee Rd & 1 EBR, 1 NBT, 1 SBT 1 EBR Etchart Rd 6 Calloway Dr & Install Signal - 1 EBL, 1 WBL, Snow Rd 1 NBL, 1 NBT, 1 SBL, 1 SBT 7 Quail Creek Rd & Install Signal - 1 EBL, 1 NBL, 1 SBL Snow Rd 1 WBL, 1 NBL, 1 SBL Project Entrance 1 EBT, 1 WBT 8 & Snow Rd Calfee Rd & Install Signal- 1 EBL, 1 WBL, 9 Snow Rd 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1 SBT Colfee Rd & Install Signal - 1 EBL, 1 EBL, 1 WBL, 1 NBL, 1 2.49% 10 Norris Rd 1 WBL, 1 NBL, 1 NBT, NBT (5.23%) 1 SBL, 1 SBT 11 Calfee Rd & 1 EBL, 1 EBT, Olive Dr 1 WBL, 1 WBT Notes: NB - Northbound L = Left Tum Lane % = Caltrans Percent Share Calculation S8 = Southbound T = Through Lane WB = Westbound R = Right Turn Lane EB = Eastbound FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Roadway Local Mitigation Ilmproyements not covered RTI 7 Standard Rd: Jewetta Ave to Calfee Road 7 Standard Rd: Colfee Rd to Golden State Ave Snow Rd: Calloway Dr to Golden State Ave Norris Rd: Calfee Rd to Frultvaie Rd Calloway Dr: Snow Rd to Norris Rd Calfee Rd: Snow Rd to Olive Dr Add 2 lanes Add 4 lanes Add 2 lanes Add 2 lanes Add 2 ianes Add 2 lanes Add 2 lanes Add 2 lanes Exhibit A Conditions of Approval GPAlZC 05-0931 Page 5 of 8 Public Works Conditions: 6. 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 Snow Road to arterial standards and Etchart Road 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. b) Submit a comprehensive drainage study to be submitted to and approved by the City Engineer, One sump per 80 acres will be allowed, Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Provide soil tests for the retention site to show it will drain within the required time period and submit an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site, c) 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 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. 7. The GPAlZC area is within the service area of the North of River Sanitary District No. 1 (NORSD), Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the Exhibit A Conditions of Approval GPNZC 05-0931 Page 6 of 8 public right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted standards. 8. Development of this GPNZC area will require the improvements of Snow Road and Etchart Road along the frontage of the GPNZC area to arterial and collector standards. The timing of these improvements can be addressed when a tentative map is submitted. 9. If the existing irrigation ditch on the north side of Snow Road is to remain it is to be relocated out side of the ultimate right of way. Consent to Common Use Agreement will be required between the ditch owner and the City for any crossing of any future street. 10. The Seventh Standard Road and Coffee Road crossing of the Lerdo Canal need widening. Developer shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings, 11. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 12. Payment of median fees for the arterial frontage of the property within the GPNZC request. These fees shall be paid prior to recordation of any map or approval of any improvement plan for the GPNZC area, 13. 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. 14. Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee nor included with normal development improvements) as indicated in Tables 7 and 8 of the traffic study. An estimate and fee schedule should be developed by the Exhibit A Conditions of Approval GPAlZC 05-0931 Page 7 of 8 applicant and approved prior to recordation of a map or issuance of a building permit. Proportionate shares based PM peak trips from study as follows: a) Coffee Rd & Seventh Standard Rd, Add 1 EBT, 1 WBT, 2 SBL, 1.36% share. b) Calloway Dr & Etchart Rd, Add 1 EBL, 2,72% share. c) Coffee Rd & Etchart Rd, Add 1 EBR, 8.77% share. d) Quail Creek Rd & Snow Rd, Add 1 NBL, 1 SBL, 3.67% share. e) Coffee Rd & Norris Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 NBT, 5.23% share. f) Seventh Standard Rd, Coffee Rd to Golden State Ave, Add 2 lanes, 1,71 % share. g) Norris Rd, Coffee Rd to Fruitvale Ave, Add 2 lanes, 3.28% share. Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound, L - Left turn lane, T - Through lane, R - Right turn lane. Regional Transportation Impact Fee 15, Pay the standard residential fees, as adopted at time of development. City Attornev Condition: 16. 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. Exhibit A Conditions of Approval GPNZC 05-0931 Page 8 of 8 17. 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 part. MO:jm S:\GPA 4th 2005105-0931\Ad St ReplExh A condi.doc Exhibit B Map tnrlWW~ , . . I I [ ~ G I I G0G . ~G d · I . I I ' ~ ~~ ~ ~ ~~ I LC') I 0 .- Z I S w :2 . I C $ [N. Z Ii '0 F- W II:: ~ I/) :2 <C Z Ii ::s .... i t a.. I ..J i If 08 I Ii ~ I I ~ I I w I ~ s [ Z . 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