HomeMy WebLinkAboutRES NO 144-06
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RESOLUTION NO,
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1280, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED NORTH OF HOSKING ROAD, BETWEEN SOUTH UNION
AVENUE AND COTTONWOOD ROAD.
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, March 13,
2006, and on Thursday, March 16, 2006, on General Plan Amendment No. 05-1280, notice of time and
place for a public hearing having been given at least twenty (20) calendar days before said hearing by
publication in the Bakersfie/d Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-1280, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1280:
Jerry Hendricks for Helen and Waldo Jones 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 25 acres. The project site is on
the north side of Hosking Road, between South Union Avenue and Cottonwood Road;
and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1280 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, by Resolution No. 66-06 on March 16, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1280 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 WEDNESDAY, May 24, 2006,
on General Plan Amendment No. 05-1280, notice oftime and place of the hearing having been given at
least ten (10) calendar days before the hearing by publication in The Bakersfie/d Californian, a local
newspaper of general circulation; and
WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering
projects that propose to convert designated agricultural land to non-agricultural uses; and
WHEREAS, the City Council has evaluated the ten (10) factors provided under Policy No. 14 of
the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan and finds
the following:
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1 ) Soil Qualilv
According to the U.S.D.A. Soil Conservation Service's Soil Swvey of Kern County, California,
Northwest Part (1988), the project site consists entirely of Kimberlina Sand Loam (174), which
meets the requirements for prime farmland if water for irrigation is available. As of December 31,
2004, there were approximately 1.67 million acres under Williamson Act and Farmland Security
Zone contracts in Kern County (Colleen Gallo, Kern County Planning Department, personal
communication August 24, 2005). The loss of less than 25 acres is not considered a significant
change to this resource as it represents only 0.006% of the total amount of land under Williamson
Act and Farmland Security Zone contracts in Kern County.
2) Availabilitv of Irriaation Water
Ten acres of the site is current under agriculture use. Irrigation water remains available.
3) Proximilv to Non-Aaricultural Uses
Currently the site is surrounded by agricultural uses on all sides. However, property owners to the
west and to the north have submitted proposals to the City of Bakersfield for development of their
respective properties for urban development, with proposals for single-family residential zoning.
The property on the south side of East Hosking Road, across from this site, is zoned for residential
use. This site is a natural extension of the other proposals because it would extend urbanization to
East Hosking Avenue and provide continuity to the residential developments to the south and the
residential zoning to the south.
4) Proximilv to Intensive Parcelization
Intensive parcelization has recently begun in the general area of this site. To date, there have
been several parcels created or proposed on the west side of South Union Avenue, which is about
a half mile west of the site. In addition, there are intentions to subdivide property immediately to the
north and west of this site.
5) Effect on Properties Subiect to "Williamson Act" Land Use Contracts
The site is not subject to a land use conservation contract, nor has it ever been subject to a
contract. In accordance with the records at Kern County Planning Department, none of the
surrounding adjacent properties are currently under contract. The conversion of this property to
urban uses will not effect properties subject to Williamson Act Land Use Contracts.
6) Abililv to be Provided with Urban Services (Sewer. Water. Roads. etc.)
The site is accessible via East Hosking Road (an Arterial) and Madison Street which is north of the
project site. Water service will be provided by Greenfield County Water District. Sewer is available
through the City of Bakersfield.
7) Abilitv to Affect the Application of Aaricultural Chemicals on Nearbv Aaricultural Properties
The site is on the edge of proposed development and between sites to the south that are
candidates for development on the south side of East Hosking Avenue. The only area that may be
applying agricultural chemicals is to the east. As a buffer between residential and agricultural uses
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the City of Bakersfield zoning ordinance, Section 17.08.150 restricts placing dwellings or any part
thereof within 50 feet of any lot which adjoins property zoned agricultural or residential suburban.
In Kern County, farmers must apply for a "Restricted Materials Permit" to apply chemicals to the
crops and a representative from the Kern County Agricultural Commissioner's office must observe
the application to ensure that it is applied within regulations. Public concerns over the legal uses
and farmer's rights to use appropriate pesticides has led to the use of relatively expensive or even
more toxic pesticides that can be applied without triggering a public response.
8) Abilitv to Create a Precedent-Settina Situation that Leads to the Premature Conversion of Prime
AQricultural Lands
The project site is surrounded on two sides by proposed developments, and there are proposed
tract maps in the vicinity. The proposed development does not create a precedent setting situation
that leads to the premature conversion of prime agricultural lands.
9) Demonstrated Proiect Need
Growth and economic pressures to convert agricultural lands into urban uses within the Greater
Bakersfield Metropolitan area have increased. Urbanization in agricultural areas continues with
conversion of properties adjacent to existing developed areas.
As the population of Bakersfield and Kern County continues to grow, a strong demand for
additional inventory of available land will be required for urban users. According to the Kern
Council of Governments, the current annual growth in Kern County is 2.127% and within the City of
Bakersfield is 2.012% for the years 1990-1998.
In addition, the Kern COG 2000 Reaional Housina Allocation Plan projects a need by year 2007 of
18,060 dwelling units in this area, and more specifically projects a need of 10.836 dwelling units in
the "Moderate and Above Moderate" category, 8.283 of which are in the City of Bakersfield.
As urban development continues to occur in the general area of the site, crop production will
become less viable and land will become more suited for urban uses. The area around the site is
already experiencing this type of increased demand as evidenced by the recent approval of
residential tracts and proposed annexations adjacent to this site. By allowing the land use
conversion, the project site will be allowed to develop congruously.
10) Necessitv of Buffers Such as Lower Densitv. Setbacks, Etc.
The project will not require buffers of agricultural uses other than those provided in the zoning
ordinance. Even though the site is surrounded on three sides by A zoning, the area is undergoing
annexations and subdivisions. If the subject site develops prior to a zone change to the
surrounding area, the subdivision ordinance requires additional lot depth to accommodate
adequate buffering.
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. 66-06, adopted on March 16, 2006:
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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 25 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, and the City of
Bakersfield CEQA Implementation Procedures have been duly followed by city
staff and the Planning Commission.
3. That the applicant by prior written agreement agreed 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 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. 05-1280 is hereby approved
and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 05-1280,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the north side of
Hosking Road, between South Union Avenue and Cottonwood 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,
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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. 05-1280, 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.
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I HEREBY CERTIFY that the foregoing Resolution was passed and,¡¡dopted by the Council of
the City of Bakersfield at a regular meeting thereof held on I/IIlY 24 2006 by the following vote:
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COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
( .A'i56
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 2 4 20m;
ItdJdi
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By fJfu yn.~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
S:IGPA 1st 2006105-12801Resolutions1CC GPA Resolution.doc
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EXHIBIT A
Mitigation I Conditions of Approval
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EXHIBIT A
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1280
Cultural Impact Mitiaation Measures
1. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
2. 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
Southern California Edison Companv (SCE)
3. The division of property will not reasonably interfere with the free and complete
exercise of an easements and/or facilities held by SCE within the boundaries of
said map.
In the event that development requires relocation of facilities, on the subject
property, which facilities exist by right of easement or otherwise, the
owner/developer will be requested to bear the cost of such relocation and provide
SCE with suitable replacement rights. Such costs and replacement rights are
required prior to the performance of the relocation.
Department of Conservation, DOGGR
4. 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. Regardless, if excavation or grading operations uncover a previously
unrecorded well, the Division district office in Bakersfield must be notified as such
well may require remedial operations. It will be the responsibility of the developer
to notify such Division and bear all costs associated with remediation.
Public Works Conditions
5. Along with submittal of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Hosking Road to arterial
standards and for Madison Street to collector standards for the full
frontage of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a
current title report with the dedication documents. If a tentative
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Mitigation/Conditions of Approval
GPAlZC No. 05-1280
Page 2
subdivision map over the entire GPAlZC area is submitted,
dedication can be provided with the map.
b. 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, showing it's proportionate share of the
necessary ultimate storm drainage facilities. The developer may
participate in the development of a Planned Drainage Area, or may
make other arrangements with the owner or developer of the
adjoining property.
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.
6. The Madison Road crossing of the Arvin Edison Canal needs to be
constructed to adequately serve this area, Developer shall aid in the
formation of a Major Road and Thoroughfare District for the construction
of the crossing.
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.
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Mitigation/Conditions of Approval
GPAlZC No. 05-1280
Page 3
9. 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 City design standards for an arterial road, with 8' graded
shoulders. Additionally, full roadway improvements shall be constructed
for the north half of Hosking Avenue from the west boundary of the
GPAlZC to a distance of approximately 500-600 feet to the west along the
front of APN 518-040-16, and full roadway improvements for both halves
of Madison Street shall be constructed to APN 518-040-16. 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.
Traffic Condition
10, A traffic analysis dated August 4, 2005 prepared by Hendricks
Engineering justifying that no detailed traffic study is required was found to
be acceptable. The analysis shows the change will result in an
insignificant increase in potential trip generation, The analysis shows that
project trips are less than thresholds established by the City and Caltrans
to warrant a detailed traffic study (Max. of 50 project trips vs a threshold
100 peak hour trips on any facility). We concur with the findings of the
analysis and recommend that the development be required to pay into the
adopted Regional Traffic Impact Fee fixed rate program. The fee program
improvements mitigate impacts of the existing densities and therefore will
do so due to the minor increase.
Citv Attornev
11. 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.
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Mitigation/Conditions of Approval
GPA/ZC No. 05-1280
Page 4
The City will promptly notify Applicant of any such claim, action or preceding,
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.
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EXHIBIT B
General Plan Amendment Map
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