HomeMy WebLinkAboutRES NO 033-06
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RESOLUTION NO.
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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
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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
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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.
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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,
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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:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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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
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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.
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Exhibit B
Map
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