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Home My WebLink AboutRES NO 037-06 RESOLUTION NO. 037':06 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 05-0938 OF PROPOSED AMENDMENT TO THE LAND USE AND CIRCULATION ELEMENTS OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED WEST OF GOSFORD ROAD, GENERALLY BETWEEN McCUTCHEN ROAD AND TAFT HIGHWAY. (Ward 6). 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. 05-0938 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. 05-0938 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 05-0938: SmithTech/USA, Inc., for Nelson Robert D. & Darin C. Revocable Trust, 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 west of Gosford Road, generally between McCutchen Road and Taft Highway; 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. 204-05 on December 15, 2005, the Planning Commission recommended approval of General Plan Amendment No. 05-0938 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. 05-0938 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 ~ 'òMi:1' () ~ >- - t- IT' _ r-- <.) C:: ORIGINAl 1 ,..... ..'^-." .__.~~-~~...__._--------~-- when considering projects that propose to convert designated agricultural land to non-agricultural uses; and WHEREAS, the City Council has evaluated the ten (10) factors provided under Policy No. 14 of the Conservation/Soils and Agricultural Element ofthe Metropolitan Bakersfield General Plan and finds the following: 1.) Soil Quality Finding - The project site contains the following soil types: Cajon sandy loam and Kimberlina fine sandy loam, which 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 irriaation water Finding - 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 May 2003, the current agricultural water use for agricultural crops, in rotation, on the project's land is 273 acre-feet per annum. Additionally, groundwater quality will not negatively impact agricultural production. 3.) Proximity to non-aaricultural uses Finding - There are three proposed subdivision tracts lying within % mile from the proposed project site to the north, and a large proposed development project 1 Yo miles 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. Location General Plan DesiQnation North R-IA & Proposed amendments to LR South R-IA West LR East P 5.) Effect on properties subiect to "Williamson Act" land use contracts Finding - The project does not pose a significant effect on "Williamson Act" lands in the Zone of Influence due to the proposed development within % mile of the project site, the amount of development in close proximity to the project, and notices of non- renewal filed on adjacent "Williamson Act" lands, 6.) Abilitv to be provided with urban services (sewer, water, roads, etc.) Finding - The site is accessible by existing City and County maintained road, i.e" Gosford Road and Taft Highway (SR-119). Development in the area indicates the !( -ÕMê-'9 2 0 ~ >- - ~ ¡:!! " ORIGINAP most likely direction municipal water will be brought to the project site is via Gosford Road or Taft Highway. City sewer service is to be required as a condition of this development. 7.) 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, however, implementation of the large development project to the west and other projects to the north could affect applications. 8.) Abilitv to create a precedent-settina situation that leads to the premature conversion of prime aariculturallands Finding - This property is currently zoned for agricultural use, however, parcels to the north are currently being developed or are planned for development. 9,) Demonstrated proiect need Finding - The project is in accord with the Metropolitan Bakersfield General Plan Housing Element, 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 land use. The proposed development to the north of the project boundary represents a low-density residential and commercial development. The proposed project is consistent with this use. 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- 0938 is hereby recommended for approval. 4. The General Plan Amendment 05-0938 is hereby approved designation to LR (Low Density Residential) on 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. 5. As to General Plan Amendment 05-0938 the recommended amendment to the Land Use and Circulation Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 80 acres and by eliminating Progress Road as a Collector segment along the project site to Taft Highway, as ¿~Mê.s> Ò' % 3 ~ m ~ ,.... 13 ORIGIN~f' requested by the applicant and shown on attached maps in Exhibit "B", located west of Gosford Road, generally between McCutchen Road and Taft Highway, the Planning Commission hereby recommends approval of such Land Use Element Amendment and Circulation 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. 05-0938 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- 0938 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 west of Gosford Road, generally between McCutchen Road and Taft Highway, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 05-0938, 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 ~M~1? ð- % >- iñ 't; t; "ORIGINAL 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_FES 8 2006 , by the following vote: ~ ---- ,~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio erk 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: fgJú¡!; 110 ~ Attached: Exhibit A - Conditions of Approval Exhibit B - Map MO:jm S:IGPA 4th 2005\05-0938\Resolutionslres,9pa_cc.doc 5 ---.--,--.-.... ~ ~r.(S'~ o ~ ".. - ~ m ~ ,.... " <::> OR!GINAl EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 05-0938 Air Quality Mitiaation 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 emissions 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 ~ 'òA/(ç~ o ~ >- - I- m _ t- o (:) ORIGINAL Exhibit A Conditions of Approval GPAlZC 05-0938 Page 2 of 7 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 stabilizer/suppressant. 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 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 trackout. 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. ~ 'òAKf-2 Cj ~ >- - ..... m - ,... Q b ORIGINAL Exhibit A Conditions of Approval GPAlZC 05-0938 Page 3 of 7 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 carryoutltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVAPCD Regulation VIII. Cultural Impact Mitiqation Measures: 3. If subsurface archaeological remains be unearthed during future construction activity, work in the area of discovery shall be stopped until the finds can be evaluated. If necessary, impacts to significant cultural resources shall be mitigated prior to 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 Mitiqation Measures: 5, The following was recommended by the Traffic Study submitted for the project: !< 'òAK~-2 o <!;. >- - 'z: ~ (.) t:> ORIGINAL Exhibit A Conditions of Approval GPNZC 05-0938 Page 4 of 7 Future Intersection Improvements and Local Mitigation 2 Gosford Rd & Harris Rd Gosford Rd & Panama Ln 3 Gosford Rd & Berkshire Rd Gosford Rd & McCutchen Rd 4 6 Gosford Rd & McKee Rd 8 Gosford Rd & Taft H SR 119 Notes: NB=Northbound SB=Southbound WB=Westbound EB=Eastbound Configure WBR to Permitted Overla 2 EBL, 2 EBT, 2 WBL, 2 WBT, 2 NBL, 2 NBT, 1 SBL, 1 SBT Install Signal - 1 EBL, 1 WBL, 1 NBL, 1 SBL Install Signal - 1 EBL, 1 EBT, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL Install Signal - 1 EBR, 1 NBL Install Signal - 1 EBT, 1 NBL, 1 SBL L=left Turn Lane T=Through Lane R=Right Turn Lane 3.39% 1 EBT, 1 WBT, 1 NBT 3,99% 1 EBL, 1 WBL 14.66% 1 EBR 26.44% 1 NBL 8.24% Future Roadway Improvements and Local Mitigation Gosford Road: Pacheco Road to Berkshire Road Panama Lane: Buena Vista Road to Ashe Road Taft Hwy (SR 119): Old River Road to Stine Road Public Works Conditions: Add 2 Lanes Add 2 Lanes Add 2 Lanes 6. Prior to approval of any development plan, improvement plan, or application for a lot line adjustment, the following shall occur: x~J>.K~~ a ~ >- - t- m _ r- " ORIGINAf> Exhibit A Conditions of Approval GPAlZC 05-0938 Page 5 of 7 a) Provide fully executed dedication for Gosford Road to arterial 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 reviewed and approved by the City Engineer. No more than one (1) sump may be utilized to serve this area, The study shall be approved and any required retention site and necessary easements dedicated to the City. 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. d) 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. 7. The entire area covered by this General Plan Amendment (GPA) 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, ~ 'òMê-£ o ~ >- - t; ~ " () ORIGINAL __",___ "__ __~'_···__"·'·__.·__.r_ .'_. '~_~_._.____~_ Exhibit A Conditions of Approval GPAlZC 05-0938 Page 6 of 7 9. 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. Traffic 10, Local Mitigation: 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 Table 7 of the traffic study, An estimate and fee schedule should be developed by the 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: i. Gosford Rd & Panama Ln, Add 1 EBT, 1 WBT, 1 NBT, 3.99% share ii. Gosford Rd & Berkshire Rd, Add 1 EBL, 1 WBL, 14.66% share iii. Gosford Rd & McKee Rd, Add 1 EBR, 26,55% share iv. Gosford Rd & Taft Hwy (SR 119), Add 1 NBL, 8,24% Notes: NB - north bound, 5B - south bound, WB - west bound, EB - east bound L - Left turn lane, T - Through lane, R - Right turn lane Regional Transportation Impact Fee 11, Pay the standard residential fees, as adopted at time of development. City Attornev Condition: 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 ~ 'QMI:~ o ~ >- - m ';:: ,... " <:> ORIGINAL Exhibit A Conditions of Approval GPNZC 05-0938 Page 7 of 7 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. 13, 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. 14, 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. 15, The approval of this project is subject to the cancellation of the Williamson Act Contract. Prior to any subsequent development of the project site, the developer shall provide proof, to the satisfaction of the Planning Director, that cancellation is complete. MO:jm S:IGPA 4th 2005105-0938\Adm Staff ReptlExh A cond.doc !< ~AKê~ () % >- - C f:!2 .., b ORIGINAL Exhibit B Map ~ 'òM(:'~ o <!;, >- - m I;::. ,... .., ORIGINAE' < '" l ! ~ < '" ~ ~ ~ w = r- ~~ z .iíil18 "!I~ -~ cn~ 0 ~ 0 ~ :< " 00 g¡ ('I) !S 0') 0 I 1.0 0 I-- Z ),ff. W g :2 0 a: Z '" -' I ~ g < :< W ~ « " :2 ii: < ~ « ~ !S Z Cl\f01:l SS31:IÐ01:ld :5 M a.. ...J < ~ ~ ~ W !'í 5 Z W (!) ffi :< " < ~ ...... 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