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HomeMy WebLinkAboutRES NO 034-06 RESOLUTION NO. 03 4 -= 06 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 05-0933, AN AMENDMENT TO THE LAND USE ELEMNT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED NORTH OF MCCUTCHEN ROAD AND EAST OF GOSFORD ROAD. WHEREAS, SmithTech/USA, Inc., for Pascoe Family Investments, LLC 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 65353 ofthe Government code, held a public hearing on Monday, December 12, 2005, and on Thursday, December 15, 2005, on General Plan Amendment No. 05-0933, 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, 05-0933, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 05-0933: SmithTech/USA, Inc. for Pascoe Family Investments, LLC applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on approximately 52.56 acres and R-IA to LI (Light Industrial) on 6.64 acres located north of McCutchen Road and east of Gosford Road; and WHEREAS, for the above-described project, an Initial Study was conducted for General Plan Amendment No. 05-0933 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 Agriculture 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 agriculture land to non-agriculture uses; and WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors provided under Policy No. 14 of the of 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, 0-2 percent slopes and Cajon sandy loam, 0-2% slope) are some ofthe 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. '¢1\.K~1? ð- ~ >- - m t:: ,... Q c:> ORIGINAL ",..> 2. Availabilitv of irriaation water Finding - Groundwater levels in the area have shown a net loss, and are in a state of overdraft. Based on the figures from the Kern County Water Supply Agency's 1999 Water Supply Report published in May 2003, the current agricultural water use for agricultural crops, in rotation, on the project's land is approximately 204 acre-feet per annum. Additionally, groundwater quality will not negatively impact agricultural production. 3. Proximity to non-aaricultural uses Finding - There are existing and proposed subdivision tracts lying within % mile from the proposed project to the west, north, and east, and a proposed development project immediately west of the proposed project. 4. Proximity to intensive parcelization Finding - The following table indicates the designations as reflected in the Metropolitan Bakersfield General Plan and proposed amendments that will allow future land use parcelization to the north and west of the project: Neighboring Property: General Plan Designation North South East West Existin Low Densit Residential Public Facilities Ci Water Treatment Plant Intensive A riculture Pro osed amendment to Intensive A riculture 5, Abilitv to be provided with urban services (sewer. water, roads, etc.) Finding - The site is accessible by existing City and County maintained roads, i.e., McCutchen Road. Development in the area indicates the most likely direction municipal water will be brought to the project site is via Gosford Road or McCutchen Road. City sewer service is to be required as a condition of this development. 6. Abilitv to affect the application of aaricultural chemicals on nearbv aaricultural 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. 7. Abilitv to create a precedent-settina situation that leads to the premature conversion of prime aariculturallands Finding - This property is currently designated for agricultural use however; parcels to the north, west, and east are currently being developed or are planned for development. 2 !< 'òA./(S'~ o íP >- ~ I-- m - ... <.) ORIGINAl!::> ""...... ,._._,-----~----, ,_.-.,._.._~._... --.- 8. 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. 9. Necessitv of buffers such as lower densities, setbacks, etc Finding - The project is located adjacent to agricultural and public facility land use. The proposed development to the west of the project boundary represents a low- density residential development. The proposed project is consistent with this use, WHEREAS, by Resolution No. 189-05 on December 15, 2005, the Planning Commission recommended approval and adoption of General Plan Amendment No. 05-0933 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, 05-0933, 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, 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. 189-05, adopted on December 15, 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 52.56 acres and R-IA to LI (Light Industrial) on 6.64 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, 3 ~ 'ò{>./(~-2 o ~ >. - I- rn - ,... "'ORIGINA,t' and the City of Bakersfield CEQA Implementatian Procedures have been duly followed by city staff and the Planning Commission. g, That odor sensitive land uses within a Yo mile of the sewer treatment plant would result in land use compatibility issues, 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. NOW, THEREFORE, BE IT RESOLVED and found by the Planning Commission 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, 05-0933 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 ofthe 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- 0933, 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 McCutchen Road and Gosford Road, 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. 05-0933, 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. 7. That Light Manufacturing is not an odor sensitive land use. ---------000-------- 4 '__'_' '__"_ ·~··._N_...__.,._.~__.._.__,.__,.__ "..__.__.___._..___________ !< ~M~~ o i!;. >- - ~ IE \,) 0RIG1NAf' 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 FEB 8 2006 by the following vote: ~- ----- ~- l---~ L.___-- t.---,/ ~ ,.::íïYEb COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED FEB 8 2006 ~.o A (l.Jr\,. f/I~ PAMELA A. McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARV Y L. HALL MA VOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ¡ß¡;¿,/) ìh- ~t- Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map JS - S:IGPA 4th 2005\05-0933\ResolutionsICC Resolution GPA 05.0933.doc 5 "-.-" ..-".".--.--.. -'" ,-_._._~~--- ,. - -"--"-'-'-" . -. ..---.---. !< ~A/(~1! c ~ >- - !:: m .., ,... ORIGINAl<:> Exhibit A Mitigation/Conditions of Approval ~ ~A/(~-'2 a ~ :>- - t¡;, ORIGINAF EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change 05-0933 MITIGATION MEASURES CONTAINED IN NEGATIVE DECLARATION: Air Qualitv Mitiaation Measures 1. 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 during the construction phase of the project to reduce construction exhaust emissions: · Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project site, · Use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. · 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 PM,o 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 emissions associated with this project: · 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 stabilizer/suppressant, covered with a tarp or other suitable cover or vegetative ground cover. · All on-site unpaved roads and off-site unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolitian activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. · 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 !< 'òA/(~~ a ~ >- - I- m - ,... '-' ORIGINAf' Exhibit A-1 Coditions of Approval GPZlZC 05-0933 Page 2 of 5 freeboard space from the top of the container shall be maintained, · 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. · 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. · 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, · Any site with 150 or more vehicle trips per day shall prevent carryout and track out. · 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, · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the construction site. · Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Cultural Impact Mitiaation 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 determined 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 Traffic Impact Mitiaation Measures 5. The following Table identifies mitigation: 5< 'òA/(~-9. Q ~ :>. - I- m - ,... "ORIGINAP Exhibit A-1 Coditions of Approval GPZlZC 05-0933 Page 3 of 5 FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION Local Mitigation Project Total Improvements Share for # Intersection Required by 2025 (Improvements not Local covered by RTIF) Mitiaation Gosford Rd & 2 EBL, 2 EBT, 2 WBL, 2 1 Panama Ln WBT, 2 NBL, 2 NBT, 1 1 EBT, 1 WBT, 1 NBT 1.99% SBL, 1 SBT 2 Reliance Dr & Install Signal- 1 EBT, 1 1 NBL, 1 SBL 4.1% Panama Ln WBL, 1 NBL, 1 SBL 3 Ashe Rd & Install Signal - 1 EBT, 1 Panama Ln NBL, 1 NBT - - 4 Golden Gate Dr Install Signal - 1 NBL, 1 1 NBL, 1 SBL 2.58% & Panama Ln SBL 5 Stine Rd & 1 NBT - Panama Ln - 6 Gosford Rd & Install Signal- 1 EBL, 1 1 EBL, 1 WBL 5.48% Berkshire Rd WBL, 1 NBL, 1 SBL 9 Reliance Dr & Install Signal- 1 EBL, 1 Install Signal- 1 SBR 4.66% McCutchen Rd SBR Notes: NB=Northbound L=Left Turn lane SB=Southbound T=Through Lane WB=Westbound R=Right Turn Lane EB=Eastbound FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Total Local Mitigation Project Share for Roadway Improvements (Impravements not Local Required by 2025 covered by RTIF) Mitiaation Gosford Rd: Pacheco Rd To Add 2 lanes Panama Ln - - Gosford: Panama Ln to Add 4 lanes Add 2 lanes 1.43% Berkshire Rd Panama Ln: Buena Vista Rd to Add 2 lanes Ashe Rd - - Panama Ln: Stine Rd to Akers Add 2 lanes Rd - - ADDITIONAL CONDITIONS OF APPROVAL: Public Works Conditions: 6, 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 McCutchen Road to arterial standards and Reliance Drive and Berkshire Road to collector standards ~ ~AK~1' o ~ >- - t;: ~ " D ORIGINAL Exhibit A-1 Coditions of Approval GPZlZC 05-0933 Page 4 of 5 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 provide a drainage study for the GPAlZC area for review and approval by the City Engineer. The sump must be located on the periphery of the GPAlZC area, in a location that can be utilized by the adjoining property, Alternately, the developer can participate in the development of a Planned Drainage Area and, 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 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. · 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, 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, 8. Payment of median fees for the arterial frontage of the property within the GPAlZC request is required prior to recordation of any map or approval of any improvement plan for the GPAlZC area, 9. This site has no improved access, 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 the appropriate City design standards, 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 ~ 'òM~.-£ Q % >- - I- m - ,... r.:> t- ORIGINAl Exhibit A-1 Coditions of Approval GPZlZC 05-0933 Page 5 of 5 and enter into an agreement and post security for the purchase and improvement of said right of way. Department of Conservation Condition: 10. 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. Southern California Edison: 11. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be required to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. Citv Attornev 12. 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\05-0933\Staff ReportslEXHIBIT A-1.doc ~ <QAK~-?. o if'. >- '" ~ r- m - r- " ~ ORIGINAl Exhibit B General Plan Amendment Map ~ 'ðAK~~ o ~ >- - ... m _ f"- a ORIGINAP 5 ~ ('i) ('i) 5 0) 0 I lC) 0 t- 8 ~ ~ Z ~ ~ W ~ [!]~[f~[j] 0 Z W 5 G ~ I 5 5 5 5 ~ I rL [J~, ~ ~ (j 'i s¡ ~ (j 5 ~ ~ ' . " 5 _,,_"_II ~ ~ ~ x " " ~ Z U ffi .... ~O æ~ g ~ ''''J: ~'" :;: 5 ._._... ..__.___". ~__~_"_'__'___~_____'_'____'W_ - - METROPOLITAN BAKERSFIELD GENERAL PLAN Land Use Desi nations RR Rural Residential LI Light Industrial 2,5 gross acresldwelling unit 51 Service Industrial ER Estate Residential , 1 dwelling unit/net acre HI Heavy Industrial SR Suburban Residential ----- S 4 dwelling units/net acre P Public Facilities SRI LR County: S 4 dwelling units/net acre City: S 7.26 dwelling units/net acre P5 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 units/net acre OS-S Slopes exceeding 30% HR High Density Residential > 17.42 units but s 72.6 dwelling unitslnet acre R-IA Resource - Intensive Agriculture 20 acre minimum parcel size - - - -- " R-EA Resource - Extensive Agriculture HC Highway Commercial 20 acre minimum parcel size General Commercial 80 acre min (Williamson Act) GC 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 X ~AKê-9 o '!;, >- - ..... m - 1- QORIGINA'<:::