HomeMy WebLinkAboutRES NO 030-06
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RESOLUTION NO.
030':0"6
RESOLUTION MAKING FINDINGS, APPROVING THE
CANCELLATION OF LAND USE RESTRICTIONS OF A
LAND CONSERVATION CONTRACT (WILLIAMSON ACT)
ON CERTAIN PROPERTY GENERALLY LOCATED SOUTH
OF TAFT HIGHWAY, EAST OF WIBLE ROAD.
(GOVERNMENT CODE SECTION 51282). (Ward 7).
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 THURSDAY, DECEMBER 15, 2005, on Case No. 05-0425 of a
proposed cancellation of a land Conservation Contract (Williamson Act) on that certain property
being annexed to the City of Bakersfield, 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 proposed cancellation is as follows:
Williamson Act Contract Cancellation:
Marino Associates for representing Hughes Partners, llC, A California Limited
Liability Company, Joyce Anne Weingarden, Emma Sandrini, Robert C. Allan and
Ada M. Allan Family Trust, John W, Weingarden, Nancy Jane Weingarden, applied
to cancel the land Conservation Contract (Williamson Act) on 22.5 acres located
generally south of Taft Highway, east of Wible Road, in the County of Kern, State of
California, as shown on Exhibit "A"; and
WHEREAS, the subject property is proposed to be annexed in to the City of Bakersfield in
said County and State; and
WHEREAS, the Williamson Act Contract cancellation will not take affect until said property is
annexed into the City of Bakersfield; and
WHEREAS, the project site that contains the Williamson Act Contract is 22.5 acres; and
WHEREAS, the subject site is also part of a General Plan Amendment/Zone Change
(GPAlZC 05-0425) to allow the development of urban uses on the site; and
WHEREAS, the applicant has indicated the purpose of the request is to develop single family
residential uses within the City of Bakersfield limits; and
WHEREAS, the property lies within a path of development with approved urban development
projects in progress; and
WHEREAS, said urban development projects as well as local government agency efforts
have extended supporting utilities and infrastructure adjacent to the property; and
WHEREAS, for the above-described project, an Initial Study was conducted and it was
determined that the proposed project could not have a significant effect on the environment,
therefore, a Negative Declaration was prepared for the project in accordance with CEQA; and
WHEREAS, the laws and regulations relating to the preparation and adoption of the
Negative Declaration as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff and the Planning Commission; and
WHEREAS, the cancellation is for land on which a notice of non renewal has been served
pursuant to Section 51245 of the Government Code; said notice was recorded on June 23, 2005, as
Document No. 0205162084 in the Office of the Kem County Recorder; and
WHEREAS, the cancellation is not likely to result in the removal of adjacent contracted lands
from agricultural use, since the vast majority of land surrounding said project site is already either
developed, being developed, or has plans for development with remaining cultivated properties
being unaffected. The requested cancellation is considered a result of natural growth conditions
and part of an already expanding incorporated area; and
WHEREAS, the cancellation is for an altemative use which is consistent with the
Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No.
05-0425; and
WHEREAS, the cancellation will not result in discontiguous patterns of urban development
since adjacent lands are developed or approved for urban development and the property lies within
the City's Sphere of Influence boundary as set forth by LAFCO, and that said project is located in the
path of rapid urban development, such that non-development of said project would cause
discontiguous development; and
WHEREAS, there is no proximate noncontracted land which is both available and suitable
for the use to which it is proposed or that development of the contracted land would provide more
contiguous patterns of urban development than development of proximate noncontracted lands.
The project is located south of approved urban projects and will result in a more contiguous pattern
of urban development than other, noncontracted lands farther from existing urbanized lands; and
WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor
has determined the full market value of the land with respect to which the cancellation is requested,
as though it was free of the contractual restriction, and has certified to this Planning Commission
that the most recently announced Kern County assessment portion is 100%, and that the
cancellation fee is $282,250 for the project site and has certified that there are no additional
deferred taxes under Government Code Section 51283; and
WHEREAS, the request for the cancellation of the Land Conservation Contract by Marino
Associates, for Hughes Partners, LLC, A California Limited Liability Company, Joyce Anne
Weingarden, Emma Sandrini, Robert C, Allan and Ada M. Allan Family Trust, John W. Weingarden,
Nancy Jane Weingarden, was duly heard and considered by the Planning Commission at a public
hearing held December 12, 2005, and December 15,2005; and
WHEREAS, there will be the payment of $282,250.00 for the cancellation fee for the project
site; and
WHEREAS, that Zone Change No. 05-0425 for the property, is conditioned upon the
payment of the fee calculated by the Kern County Assessor noted above, prior to any further
development of the property; and
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WHEREAS, by Resolution No. 212-05 on December 15, 2005, the Planning Commission
recommended approval and adoption of the cancellation of the Land Conservation Contract
(Williamson Act) subject to conditions listed in Exhibit "B" and this Council has fully considered the
findings 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 proposal, 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, pursuant to Government Code Section 51282 (a) states that tentative approval
may be granted by the legislative body for the cancellation of a Williamson Act Contract only if one
of the following findings is made:
(1) That the cancellation is consistent with the purposes of Chapter 7 (the
California Land Conservation Act of 1965 or the Williamson Act) of the
Government Code; or
(2) That the cancellation is in the public interest.
WHEREAS, it is the opinion of the city staff that approval of the cancellation is consistent
with the purposes of Chapter 7 in that all of the following findings (Government Code Section 51282
(b) (1-5)) can be made:
(1) That the cancellation is for land on which a notice of non-renewal has been
served pursuant to Section 51245. The notice of non-renewal was recorded by the Kern
County Recorder's Office in June 2005.
(2) That cancellation is not likely to result in the removal of adjacent lands from
agricultural use. Currently, the adjacent lands to the west is in agricultural use, while the
areas north and east of the project site is developed with commercial and residential uses.
As previously mentioned, the site and all immediately surrounding land is located within the
City's Sphere of Influence (SOl) boundary,
The forecast growth in the Metropolitan Bakersfield area is anticipated to occur at the urban
fringes of the City. Development pressure in the southwestern quadrant of the City has
increased substantially: however, the cancellation of the site's Williamson Act contracts is
not anticipated to contribute to this pressure, Rather, the development pressure is linked to
population growth, economic development, and other needs of a growing community, The
growth management policies contained in the Metropolitan Bakersfield General Plan are
designed to guide and direct growth to its most appropriate location, keeping growth near
existing development. Growth in the City·s southwestern quadrant has followed a
contiguous development pattern westward from SR-99, following market demands and
economic trends of the region. The project site is adjacent to existing and proposed urban
development to the north, northeast, and east. As such, the requested cancellation is
considered a result of natural growth conditions and is not anticipated to contribute to new
development pressures on adjacent agricultural lands. The proposal is to allow agriculture
west of Wible Road south of Taft Highway.
(3) That cancellation is for an alterative use which is consistent with the
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applicable provisions of the General Plan. The project site is situated within the SOl
boundary of the Metropolitan Bakersfield General Plan. The cancellation of the Williamson
Act contracts on 22,5 acres is proposed in conjunction with a zone change and General Plan
Amendment (GPA) forfuture development of the project site, The environmental document
(Negative Declaration) for the project acknowledges the GPA and zone change and provides
the environmental review necessary for the pre-zoning by the City. Therefore, the
cancellation and subsequent land use amendments and pre-zoning would be consistent
with applicable Metropolitan Bakersfield General Plan provisions. The change is consistent
with the applicable provisions of the Metropolitan Bakersfield General Plan in terms of
service availability and compatible adjacent land uses.
(4) That cancellation will not result in discontinuous patterns of urban
development. The project site is situated directly adjacent to urban development north and
east of the project site. New residential uses are proposed for the project site. The General
Plan provides policies that promote compact growth, avoid allowing development to leap-
frog over parcels of land, and promote concentric growth. Therefore, it is not anticipated that
the proposed project would result in discontiguous development pattems,
(5) That there is no proximate non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, that
development of the contracted land would provide more contiguous patterns of urban
development than development of proximate non-contracted land.
As used in this subdivision "proximate, non-contracted land" means land not
restricted by contract pursuant to this chapter, which is sufficiently close to land
which is so restricted that it can serve as a practical alternative for the use which is
proposed for the restricted land.
As used in this subdivision "suitable for the proposed use" means that the salient
features of the proposed use can be served by land not restricted by contract
pursuant to this chapter. Such non-restricted land may be single parcel or may be a
combination of contiguous or discontiguous parcels.
Residential and commercial development has occurred in areas adjacent to the project site.
Further, there are no contiguous parcels within the vicinity of equal or greater size suitable
for the proposed project. Several parcels adjacent to existing residential and commercial
development to the north and east of the project site currently possess tentative or recorded
use permits. Development of the project site would follow the natural progression of
development in the site vicinity, No leap-frogging would occur as a result of development.
Development of the non-contracted portion of the site would lead to a less contiguous
portion of development, because the parcels under Williamson Act are adjacent to Wible
Road. which is an Arterial segment.
The proposed site is within the City of Bakersfield SOl boundary. The City of Bakersfield is
able to serve the site with sewer, water, police, and fire protection services as well as all the
other urban services that are enjoyed by urban developments in the Metropolitan Bakersfield
area. The project site is an expansion of the urban uses and is in a logical pattem of
development.
WHEREAS, the additional findings can be made for the cancellation of the Williamson Act
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Contract as shown in Exhibit D attached; and
WHEREAS, pursuant to Section 51283 of the Government Code, the Kern County Assessor
has determined the full market value of the land with respect to which the cancellation is requested,
as though it was free of the contractual restriction, and has certified to this Planning Commission
that the most recently announced Kern County assessment portion is 100%, and that the
cancellation fee is $ 282,250.00 for the project site and has certified that there are no additional
deferred taxes under Government Code Section 51283: and
WHEREAS, the request for the cancellation of the Land Conservation Contract by Jim
Marino was duly heard and considered by the Planning Commission at a public hearing held
December 15, 2005; and
WHEREAS, that Zone Change No. 05-0425 for the property, is conditioned upon the
payment of the fee calculated by the Kern County Assessor noted above, prior to any further
urbanization of the property; and
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 applicant by prior written agreement to comply with all adopted mitigation
measures contained within the Negative Declaration.
3. All required notices have been given,
4, That an Environmental Impact Report for the proposed cancellation of the Land
Conservation Contract (Williamson Act) is hereby recommended for approval.
5. That the City Council has, pursuant to Section 51282 of the Government Code,
made the required findings to approve the cancellation of the Land Conservation
Contract as set forth in attached Exhibit "C" and incorporated herein.
6. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the proposed development.
7. That the cancellation of the Williamson Act Contract is conditioned upon the
payment of the $282,250 which is the fee calculated by the Kern County Assessor,
prior to any further development of the property.
8. The cancellation of the Williamson Act Contract shall not occur until the project site
is annexed to the City of Bakersfield.
9. As to the cancellation of the Land Conservation Contract (Williamson Act) on 22.5
acres, as requested by the applicant and shown on the attached map in Exhibit "A",
generally located south of Taft Highway, east of Wible Road, the City Council hereby
adopts such cancellation, subject to prior approval of General Plan Amendment 05-
0425 and Zone Change 05-0425 and subject to conditions of approval shown on
Exhibit "B".
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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 Environmental Impact Report for the Williamson Act Cancellation is hereby
approved and adopted.
3. 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 minimus" exemption in
accordance with Section 711 of the State Resources 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.
4, 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.
5. The City Council has made findings pursuant to Section 51282 of the Government
Code.
6. That cancellation of the Land Conservation Contract is hereby approved with
mitigation measures adopted in the Negative Declaration.
7. The cancellation of the Land Use Contract is subject to prior approval of General
Plan AmendmenUZone Change No. 05-0425.
8. The Williamson Act Contract cancellation will not take affect until said property is
annexed to the City of Bakersfield.
9. The City Council hereby approves and adopts the cancellation of the Land
Conservation Contract (Williamson Act) on 22.5 acres in the City of Bakersfield
generally located south of Taft Highway, east of Wible Road, subjectto conditions of
approval shown on Exhibit "A".
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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:
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AYES:-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
S: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT- COUNCILMEMBER
~ tL(f\¿~
CITY CLERK and Ex Officio CI of the
Council of the City of Bakersfield
APPROVED
rES 8 2006
HARVEY L. ALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By: 1~1Jz, ~
ATTACHMENTS:
EXHIBIT "A" - Location Map
EXHIBIT "B" - Mitigation and Conditions of Approval.
EXHIBIT "C" - Statement Indication for Gov. Code Section 51282
EXHIBIT "D" - Additional Findings
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S:\GPA 4th 2005\05-0425\Resolutions\res,Williamson_cc.doc
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EXHIBIT "A"
Location Map
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EXHIBIT "8"
Mitigation and Conditions of Approval.
EXHIBIT B
Mitigation and Conditions of Approval
General Plan Amendment/Zone Change 05-0425
Air Qualitv Mitiqation Measures:
1. 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 URBEMIS 7.5.0 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:
A. PM10 Mitigation Measures
As the Project will be completed in compliance with SJVAPCD Regulation
VIII, dust control measures will be taken to ensure compliance specifically
during grading and construction phases. The mitigation measures to be
taken are as follows:
2. Water previously disturbed exposed surfaces (soil) a minimum of three-
times/day or whenever visible dust is capable of drifting from the site or
approaches 20% opacity.
3. Water all haul roads (unpaved) a minimum of three-times/day or whenever
visible dust from such roads is capable of drifting from the site or
approaches 20% opacity,
4. Reduce speed on unpaved roads to less than 15 miles per hour.
5. Installand maintain a trackout control device that meets the specifications
of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or
more than 20 vehicle trips per day by vehicle with three or more axles.
6. Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purposes using water, chemical stabilizers
or by covering with a tarp, other suitable cover or vegetative ground cover,
7. Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
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Exhibit B
GPA/ZC 05-0425
Mitigation and Conditions of Approval
Page 2 of 6
8. When transporting materials offsite, maintain a freeboard limit of at least 6
inches and cover or effectively wet to limit visible dust emissions.
9. Limitand remove the accumulation of mud and/or dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is
prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions and use of blowers is expressly forbidden).
10. Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizer/suppressants,
11, Remove visible track-out from the site at the end of each workday.
12. Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period).
13. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving materials,
14. Project site shall not be cleared of existing vegetation cover until required
by construction.
15. The project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
16. The construction contractor shall submit a Dust Control Plan to the APCD
at least 30 days prior to the start of the any construction activity.
17, Construction contractor shall provide written notification to the APCD
within 10 days prior to the commencement of earthmoving activities via fax
or mail.
18. Upon evidence of trespass, prevent unauthorized vehicles access by
posting "No Trespassing" signs or installing physical barriers such as
fences, gates, posts, and/or other appropriate barriers to effectively
prevent access to the area.
B. Ozone Precursor Emission Mitigation Measures
Exhibit B
GPAlZC 05-0425
Mitigation and Conditions of Approval
Page 3 of 6
The following mitigation measures are recommended to further reduce the
potential for long term emissions from the completed project:
19. The developer will provide:
o Sidewalks and/or pedestrian paths
o Bike lanes/paths connecting to bikeway system
o Transit shelters and/or benches in cooperation with existing
transit provider
Cultural Resources Mitiqation Measures
20. Should subsurface archaeological remains be unearthed during future
construction activity, work in the area of discovery should be stopped until
the finds can be evaluated.
21. 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,
Hazards and Hazardous Materials
22. A Phase I Environmental Site Assessment shall be prepared for the
Project site to determine potential hazardous wastes.
Division of Oil. Gas and Geothermal Resources
23. If excavation or grading operations uncover a previously unrecorded well,
the Division district office in Bakersfield shall be notified of such well and
may require remedial operations.
Public Works Department Conditions
24. Prior to approval of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
Exhibit B
GPAlZC 05-0425
Mitigation and Conditions of Approval
Page 4 of 6
a) Provide fully executed dedication for the east Y:z of Wible Road to
arterial standards and for Hughes Lane to collector standards, and
the south Y:z of Taft Highway as a State Highway for the full frontage
of the area within the GPAlZC 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 2 sumps may be
utilized to serve this area; these sumps should be located so that
they may be available to serve adjacent areas as they develop. If
only one sump is utilized to serve this GPAlZC area, it need not be
so located, The study shall be approved and any required retention
site and necessary easements dedicated to the City.
c) 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.
d) 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.
25. 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
Exhibit B
GPAlZC 05-0425
Mitigation and Conditions of Approval
Page 5 of 6
of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area.
26. Payment of median fees for the arterial frontage of the property within the
GPAlZC request is required to be paid prior to recordation of any map or
approval of any improvement plan for the GPAlZC area.
27. Improvements on Wible Road and Taft Highway shall include the property
at the southeast corner of the intersection. Improvements shall include
paving, curb, gutter and sidewalk. If it becomes necessary to obtain any
off site right of way and if the developer is unable to obtain the required
right of way, then he shall pay to the City the up-front costs for eminent
domain proceedings and enter into an agreement and post security for the
purchase and improvement of said right of way.
28. With development within this GPAlZC, the west half of the Hughes Lane
canal crossing of the West Branch of the Kern Island Canal must be
constructed.
29. the development shall pay into the adopted Regional Traffic Impact Fee
fixed rate program.
Citv Attornev Condition
30. 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
Exhibit B
GPAlZC 05-0425
Mitigation and Conditions of Approval
Page 6 of 6
obligations of this condition apply regardless of whether any other permits
or entitlements are issued.
31. 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.
Williamson Contract Fee
32. Prior to any further development of the project site, the payment of the fee
calculated by the Kern County Assessor's Office, the calculated fee is
$282,250.00.
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S:IGPA 4th 2005105-0425\Admin Staff ReportlExh B for Will CC Res,doc
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EXHIBIT "C"
Statement Indication for Gov. Code Section 51282
EXHIBIT "C"
Statement Indication
For Gov. Code Section 51282
Government Code 51282,
(a) The landowner may petition the board or council for cancellation of any contract as
to all or any part of the subject land. The board or council may grant tentative
approval for cancellation of a contract only if it makes one of the following findings:
(1) That the cancellation is consistent with the purposes of this chapter; or
(2) That cancellation is in the public interest.
(b) For purposes of paragraph (1) of subdivision (a) cancellation of a contract shall be
consistent with the purposes of this chapter only if the board or council makes all of
the following findings:
(1) The cancellation is for land on which a notice of nonrenewal has been served
pursuant to Section 51245,
· A notice of nonrenewal was filed for the affected parcel with the Kern
County Clerk's Office in June 2005 in accordance with Government Code
Section 51245.
· Public notice of the hearing for tentative cancellation was published in a
paper of general circulation on November 1, 2005.
· Notice of nonrenewal and tentative cancellation was sent to all contracted
parcel landowners within 1 mile of the project area on November 1, 2005,
and to the Director of Conservation on October 18, 2005.
· The County Assessor's office has published the fair market value of the
property under cancellation and has noticed the landowner and the
Director of Conservation.
(2) The cancellation is not likely to remove adjacent lands from agricultural use.
· The forecast growth in the Metropolitan Bakersfield area is anticipated to
occur at the urban fringes of the City. Development pressure in the
southwestern quadrant of the city has increased substantially. The vast
majority of land surrounding the project is already either developed, being
developed, or has plans for development. Therefore, the cancellation of
the site's Williamson Act contract is not anticipated to contribute to
development pressure. Development pressure in the project area, rather,
is linked to population growth, economic development, and other needs of
a growing community. As such, the requested cancellation is considered
a result of natural growth conditions and part of an already expanding
incorporated area, and is, therefore, not anticipated to be the cause of or
contribute to new development pressure on adjacent agricultural lands,
The growth management policies contained in the Metropolitan
Bakersfield General Plan (MBGP) are designed to guide and direct growth
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EXHIBIT "C"
Statement Indication
to its most appropriate location, keeping growth near existing
development. Such a growth plan is facilitated by the determination of a
City's Sphere of Influence (SOl) line. In such that the project is located
within this SOl line, the project is located within appropriate development
areas as indicated in the MBGP.
(3) That cancellation is for an alternative use which is consistent with the
applicable provisions of the city or county general plan.
. According to the MBGP, "As a general rule, the sphere of influence
boundaries were utilized to help define the boundaries of planned urban
growth." The MBGP further states that its policies are to "accommodate
new development which channels land uses in a phased, orderly manner
and is coordinated with the provision of infrastructure and public
improvements; locate new development where infrastructure is available
or can be expanded to serve the proposed development; and provide for
an orderly outward expansion of new "urban" development so that it
maintains continuity of existing development, [and] allows for the
incremental expansion of infrastructure and public services..." The project
in question satisfies all such policies and goals of the general plan in that it
is contiguous to current urban development, is located within the city's
SOl, and abuts existing infrastructure and public services, Beyond
meeting these General Plan policies and goals the project is requesting a
zone change and general plan amendment (GPA), such that subsequent
land uses will then be completely consistent with MBGP.
(4) That cancellation will not result in discontiguous patterns of urban
development.
. The general plan provides policies that promote compact growth, avoid
allowing development to leap-frog over parcels of land, and promote
concentric growth. The project site is situated directly adjacent to urban
development. Further, new residential and commercial developments are
proposed or underway surrounding the project area. Leaving the current
property in agricultural production would create an "agricultural island"
within an urban area causing leap-frog development, discontiguous
development, and possible incompatible land uses. Therefore, it is not
believed that the proposed project would result in discontinuous
development patterns,
(5) That there is no proximate non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, that
development of the contracted land would provide more contiguous patterns of
urban development than development of proximate non-contracted land.
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GPNZC No. 05-0425
Page 2 of6
EXHIBIT "C"
Statement Indication
· Alternative sites were considered, based on the following criteria:
· Land use of the proposed site.
· Land must not be under Williamson Act contract.
· Land must be available for residential and commercial
development.
· Land must be suitable for residential and commercial
development.
· Site must be over 22 acres, but preferably larger to provide the
range of uses designated for the property.
· An alternative site must be within the current SOl boundary line;
parcels outside the line would not be suitable because
development there would violate the Metropolitan Bakersfield
General Plan and prematurely convert agricultural land.
· An alternative site must be in the southwestern quadrant of the
city.
· Three alternative sites, subject to the above criteria, were considered in
for this project. The sites were either under tentative tract status or the
property is not available for purchase and, therefore, unavailable for
development. Therefore, due to the lack of any remaining "practical"
development sites, the current project site was deemed "suitable" and
"contiguous."
As used in this subdivision "proximate, noncontracted land" means land not restricted by
contract pursuant to this chapter, which is sufficiently close to land which is so restricted
that it can serve as a practical alternative for the use which is proposed for the restricted
land. As used in this subdivision, "suitable" for the proposed use means that the salient
features of the proposed use can be served by land not restricted by contract pursuant
to this chapter. Such nonrestricted land may be a single parcel or may be a
combination of contiguous or discontiguous parcels,
(c) For purposes of paragraph (2) of subdivision (a) cancellation of a contract shall be in
the public interest only if the councilor board makes the following findings:
(1) That other public concerns substantially outweigh the objectives of this
chapter;
· Recognizing that Bakersfield is the county seat of one of the most
productive agricultural counties in the nation, there is no argument that the
public as a whole has an interest in the maintenance and preservation of
agricultural land. Bakersfield's economy is and will continue to be tied to
agriculture. The question then is whether there are other concerns
regarding the cancellation request that substantially outweigh the concern
over protection of agricultural land. As previously mentioned above, the
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GP A/ZC No. 05-0425
Page 3 of6
EXHIBIT "C"
Statement Indication
Metropolitan Bakersfield General Plan seeks to protect agricultural land;
however, the General Plan recognizes that the city will continue to grow at
a strong pace.
· To balance these two interests, the General Plan contains objectives and
policies that support a growth pattern that is efficient, orderly, contiguous,
and peripheral. These policies, when implemented through the careful
placement of urban boundaries (i.e. SOl), provide land inside the
boundary for growth while protecting land outside the boundary from
premature conversion to urban uses, In this instance, the property is
within the SOl and is surrounded by developing or soon to be developed
land. The development of this parcel will contribute to a contiguous,
orderly development pattern.
· Further, since the property is located within or adjacent to existing road,
sewer, water, and gas infrastructure, and will be required to provide for
any public servicelinfrastructure upgrades, it is in the public interest (and
much more efficient) to develop this property because the burden on the
tax-payer will be less than similar parcels not located near such existing
i nfrastructurel services.
· Moreover, if the subject parcel were to remain in its agricultural status an
island effect would be created such that incompatible uses (agriculture vs.
residential) would be located adjacent to each other creating public
nuisance/right-to-farm disputes and could significantly restrict the
agricultural activities carried out on the parcel and hence its productivity.
· Finally, the project will contain residential areas ranging from single-family
homes to multi-family homes to mobile homes, therefore, providing for a
range of housing types as well as affordable housing; an ever growing
need in such a rapidly growing city. The fact that this needed affordable
housing will be located near commercial, retail, and industrial areas
planned for the project area will only enhance the project's viability for
lower income households who rely on easily accessible jobs and services.
(2) That there is no proximate non-contracted land which is both available and
suitable for the use to which it is proposed the contracted land be put, or, that
development of the contracted land would provide more contiguous patterns of
urban development than development of proximate non-contracted land.
. Alternative sites were considered, based on the following criteria:
· Land use of the proposed site
· Land must not be under Williamson Act contract
· Land must be available for residential and commercial
development.
· Land must be suitable for residential and commercial
development
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GPNZCNo.05-0425
Page 4 of6
EXHIBIT "C"
Statement Indication
· Site must be over 22 acres, but preferably larger to provide the
range of uses designated for the property.
· An alternative site must be within the current SOl boundary line;
parcels outside the line would not be suitable because
development there would violate the Metropolitan Bakersfield
General Plan and prematurely convert agricultural land.
· An alternative site must be in the southwestern quadrant of the
city
. Three alternative sites, subject to the above criteria, were considered for
this project. The sites were under tentative tract status and, therefore,
unavailable for procurement or development. Therefore, due to the lack
of any remaining "practical" development sites, the current project site
was deemed most "suitable" and "contiguous."
As used in this subdivision, "suitable" for the proposed use means that the salient
features of the proposed use can be served by land not restricted by contract pursuant
to this chapter. Such nonrestricted land may be a single parcel or may be a
combination of contiguous or discontiguous parcels.
(d) For purposes of subdivision (a), the uneconomic character of an existing agricultural
use shall not by itself be sufficient reason for cancellation of the contract. The
uneconomic character of the existing use may be considered only if there is not
other reasonable or comparable agricultural use to which the land may be put.
(e) The landowner's petition shall be accompanied by a proposal for a specified
alternative use of the land, The proposal for the alternative use shall list those
governmental agencies known by the landowner to have permit authority related to
the proposed alternative use, and the provisions and requirements of Sections
51283.4 shall be fully applicable thereto. The level of specificity required in a
proposal for a specified alternative use shall be determined by the council as that
necessary to permit them to make the findings required.
Alternative Use Description
The alternative use would require a General Plan Amendment (GPA), a zone
change on the site, and the annexation of 170 acres of unincorporated Kern
County into the City of Bakersfield corporate limits. The annexation, GPA, and
zoning change would permit development of residential uses, and retail uses.
See the tables below for use and zoning breakdowns,
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GP A/ZC No. 05-0425
Page 5 of6
EXHIBIT "C"
Statement Indication
Existina and ProDosed Land Use and Zonina
Existing Proposed Existing Zone Proposed Zone
Land Use Land Use Designation Designation Acreage
LMR UER A R-S 18.70
ER LR E-1A ZR-1 11.36
LMR LR R-1 - -- 20.48
GC -- - A C-2 3.88
Total Acreaae 54.42
Construction would occur in several phases, depending on market demand, with
anticipated completion to occur in either late 2009 or early 2010,
Permit Authoritv Aqencv List
The City of Bakersfield is the Lead Agency and has discretionary authority over
the alternative use proposal. Upon completion of the environmental review
process and prior to construction, the proposed use would be reviewed through
standard City plan check procedures to verify that the project conforms to all
applicable City design criteria. For implementation, some or all of the following
permit and approvals would need to be obtained:
City of Bakersfield: General Plan Amendment, Circulation Element Amendment,
Zone Change, Site Plan Review and Approval, Grading Plan
Approval, Street Encroachment Permit.
County of Kern: Kern County Local Agency Formation Commission (LAFCO)
Other Agencies: Kern Delta Water District - Applicable Regulations
Coordination with the following adjacent jurisdictions, agencies, and utility
companies would be required:
-Air Pollution Control District Permits
-Kern County Water Agency (KCWA)
(f) In approving a cancellation pursuant to this section, the board or council shall not be
required to make any findings other than or in addition to those expressly set forth in
this section, and, where applicable, in Section 21080 of the Public Resources Code.
S:\GPA 2nd 2005\04-0057 Panama-Gosford EIR\Resolutions\Statemt Indicatn-WA cancel 1.doc
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GPAlZC No. 05-0425
Page 6 of6
EXHIBIT "D"
Additional Findings
Exhibit D
Additional Findings
Cancellation is Consistent with the Purposes of the Williamson Act
1. Satisfaction of a notice of renewal was served and recorded on June 23,
2005, satisfying the first finding, (Gov't Code, § 51282 (b) (1) - (5).)
2. The Petition is for partial cancellation affecting only 22.58 acres, with the
remaining 120 acres to the west of the property remaining subject to the
terms of the Contract. The owners of the contracted land to the south of
the property have not filed a notice of nonrenewal and have not expressed
any intention to cease using the property for commercial agricultural use.
Finally, the property is surrounded by existing development to the north
and the east. Accordingly, cancellation is not likely to result in the removal
of adjacent lands from agricultural use.
3. The southerly 18 acres of the property is currently designated Low-
Medium Density Residential (LMR) under the Metropolitan Bakersfield
General Plan. The remaining 3.8 acres to the north is designated General
Commercial (GC), Upon adoption by the City of the pending General Plan
Amendment the southerly 18 acres of the property will be designated.
Urban Estate Residential (UER) and the northerly 3.8 acres will continue
to be designated General Commercial (GC). The southerly 18 acres of
the property are slated for residential development, consistent with both
the LMR and UER designations. The remaining 3.8 acres of the
development will be developed for commercial use consistent with the GC
designation and the existing commercial development along Taft Highway,
Accordingly, cancellation is and will continue to be for an alternative use
consistent with the General Plan.
4. The property is adjacent to existing urban development and clearly in the
path of development with tentative maps on file on the north side of the
Pumpkin Center community. Indeed, the contracted property is directly
adjacent to existing urban development to the north and east and is the
next logical step in creating a contiguous pattern of urban development.
The property is also included in the City's Sphere of Influence.
5. There is substantial evidence that the development of the contracted
property would provide more contiguous patterns of urban development
than development of proximate noncontracted land. Proximate property
has been defined as "property close enough to the restricted parcel to
serve as a practical alternative for the proposed use." (Sierra Club v.
Hayward, (1981) 28 Cal. 3d, 840, 862.) As discussed above, to the west
of the contracted property, just west of Wible Road, lies approximately 120
acres of contracted land zoned exclusive agriculture (A), which will remain
Exhibit D
Additional Findings
Page 2
under contract and for strictly agricultural uses. To the south of the
contracted property lies several miles of contracted land also zoned
exclusive agriculture (A). In addition to being contracted, the property to
the south would not be more suitable for development than the contracted
property at issue, as development is progressing from north to south.
To the north of the contracted property, just north of Taft Highway, lies
land zoned General Commercial (C-2) development. A mix of Highway
Commercial (CH), Low Density Residential (R-1), Estate - 1/4 acre (E-1/4)
and Estate - 1 acre (E-1 ) lie to the east of the contracted property,
Notably, the property immediately to the east of the contracted property is
zoned Estate, which indicates the area is suitable for larger lot residential
living environments. In areas zoned Estate, uses are those typical of and
compatible with quiet residential neighborhoods, (See Chapter 19.16 of
Kern County Zoning Ordinance.)
The contracted property is directly adjacent to existing urban development
to the north and east, butting up to the back fences of existing single
family residential homes and commercial businesses on Taft Highway.
The contracted property also clearly in the path of development with
tentative maps on file on the north side of the Pumpkin Center community.
Additionally, Wible road provides a logical buffer to the farmed lands to the
west. thus creating a clear boundary between farmlands to the west and
development to the east.
In addition, there is no other existing proximate or adjacent noncontracted
property that can reasonably accomplish the logical extension of the
sewer system to serve the existing community. The development of the
contracted property would provide a cost-effective opportunity to bring
sewer into the City's plans to extend sewer lines down Wible Road and
Curnow Road, It will further eliminate potentially harmful septic systems
along Taft Highway.
If the cancellation request is not approved, it is likely that urban
development will bypass this approximately 22-acre parcel prior to the
expiration of the Contract through the nonrenewal process, thus resulting
in a discontiguous pattern of urban development and disorderly and
inefficient extension of utilities through the area. To the extent that any
other proximate, noncontracted lands exist several miles from the
contracted property, the contracted property is preferential for
development due to its direct proximity to existing development and the
logical extension of sewage lines in a southerly direction down Wible
.- -_.-- ..""-....--... ~---.--_. ....._..._-_..__._...~---- -_._---.-.- ._---_._~----
Exhibit 0
Additional Findings
Page 3
Road. Thus, in comparison, other properties are less adequate in that
they would result in a discontiguous pattern of urban development, have
insufficient sewage treatment capabilities and potentially increase the
community's exposure to potentially harmful septic systems.
Cancellation is in the Public Interest
1. By providing a mechanism for canceling land use contracts, the
Legislature has recognized that other public concerns, such as housing,
needed services and economic growth, may conflict with the interests in
open space. (Sierra Club v, City of Hayward (1981) 28 Cal. 3d. 840, 857,)
The Petition seeks to partially cancel a land use Contract with respect to
two parcels totaling 22.58 acres located in the Pumpkin Center area. The
Pumpkin Center area has historically encountered growth-related
problems, which the Metropolitan Bakersfield General Plan addresses by
providing planning criteria to ensure orderly development. As indicated,
the property is also within the City's Sphere of Influence boundary.
Cancellation is in the public interest in that current land use designations
and inclusion of the property in the City's Sphere of Influence recognizes
that development of this property is necessary to decrease urban sprawl
and promote infill development. As discussed, if the Petition is denied, it
is likely that urban development will bypass this property, resulting in
noncontiguous urban development, which runs contrary to principles of
good planning. Conversion of the property to urban development, in
accordance with the Metropolitan Bakersfield General Plan, will facilitate
the completion of a contiguous development corridor.
As discussed, cancellation of the Contract will also serve to facilitate the
extension of the sewer system to existing and future development. The
proposed development project includes plans to extend the sewer line in
accordance with the City's existing plans. The property developer plans to
extend the sewer line, which currently terminates north of the Contracted
property, south down Wible Road past the proposed development project.
The property developer has also agreed to build a sewer lift station south
of the proposed development. The cost of constructing the line extension
and the pump station will be borne entirely by the property developer.
Therefore, granting the Petition will provide a cost-effective opportunity to
extend the sewer system for the benefit of the Pumpkin Center community
as a whole and reduce the community's exposure to potentially dangerous
septic systems.
... ._-_..~._---_.._. .--...-.-..-"..- .. ----..-,....-......-..-----.---..-,,---....---..-.¥'----
Exhibit 0
Additional Findings
Page 4
In comparison, cancellation of the Contract will have little impact, if any, on
the interests protected by the Williamson Act. The Petition only seeks to
cancel the Contract with respect to the 22.58 acres of land that lies east of
Wible Road, Of the 22,58 acres, only about 18 acres is currently zoned
for agricultural use, making continued farming of this acreage financially
prohibitive, Approximately 120 acres of land west of Wible Road will
remain subject to the Williamson Act restrictions and is going to continue
to be used strictly for agricultural use, Indeed, the property owner has not
expressed any interest in seeking nonrenewal or cancellation of the
Contract for the remaining 120 acres, Therefore, cancellation of the
Contract, with respect to the 22.58 acres east of Wible Road, will have a
negligible impact on Williamson Act interests.
2. There is substantial evidence that the development of the contracted
property would provide more contiguous patterns of urban development
than development of proximate noncontracted land. Proximate property
has been defined as "property close enough to the restricted parcel to
serve as a practical alternative for the proposed use." (Sierra Club v.
Hayward, (1981) 28 Cal. 3d. 840, 862,) As discussed above, to the west
of the contracted property, just west of Wible Road, lies approximately 120
acres of contracted land zoned exclusive agriculture (A), which will remain
under contract and for strictly agricultural uses. To the south of the
contracted property lies several miles of contracted land also zoned
exclusive agriculture (A). In addition to being contracted, the property to
the south would not be more suitable for development than the contracted
property at issue, as development is progressing from north to south.
To the north of the contracted property, just north of Taft Highway, lies
land zoned General Commercial (C-2) development. A mix of Highway
Commercial (CH), Low Density Residential (R-1), Estate - 1/4 acre (E-1/4)
and Estate - 1 acre (E-1) lie to the east of the contracted property.
Notably, the property immediately to the east of the contracted property is
zoned Estate, which indicates the area is suitable for larger lot residential
living environments. In areas zoned Estate, uses are those typical of and
compatible with quiet residential neighborhoods, (See Chapter 19.16 of
Kern County Zoning Ordinance.)
The contracted property is directly adjacent to existing urban development
to the north and east, butting up to the back fences of existing single
family residential homes and commercial businesses on Taft Highway.
The contracted property also clearly in the path of development with
Exhibit 0
Additional Findings
Page 5
tentative maps on file on the north side of the Pumpkin Center community.
Additionally, Wible road provides a logical buffer to the farmed lands to the
west, thus creating a clear boundary between farmlands to the west and
development to the east.
In addition, there is no other existing proximate or adjacent noncontracted
property that can reasonably accomplish the logical extension of the
sewer system to serve the existing community. The development of the
contracted property would provide a cost-effective opportunity to bring
sewer into the City's plans to extend sewer lines down Wible Road and
Curnow Road, It will further eliminate potentially harmful septic systems
along Taft Highway.
If the cancellation request is not approved, it is likely that urban
development will bypass this approximately 22-acre parcel prior to the
expiration of the Contract through the nonrenewal process, thus resulting
in a discontiguous pattern of urban development and disorderly and
inefficient extension of utilities through the area. To the extent that any
other proximate, noncontracted lands exist several miles from the
contracted property, the contracted property is preferential for
development due to its direct proximity to existing development and the
logical extension of sewage lines in a southerly direction down Wible
Road. Thus, in comparison, other properties are less adequate in that
they would result in a discontiguous pattern of urban development, have
insufficient sewage treatment capabilities and potentially increase the
community's exposure to potentially harmful septic system,
Development of the contracted property is preferable since it is in the
logical path of existing development and it will facilitate the extension of
the existing sewer system for the benefit of the community as a whole.
MO:jm
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