HomeMy WebLinkAboutRES NO 297-06
RESOLUTION NO. "2 9 "":'(f8'
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 06-0463, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM R-IA
(RESOURCE - INTENSIVE AGRICULTURE) TO LI (LIGHT
INDUSTRIAL) ON 41 ACRES AND LMR (LOW MEDIUM DENSITY
RESIDENTIAL) ON 39 ACRES, GENERALLY LOCATED ON THE
NORTH SIDE OF MCCUTCHEN ROAD, APPROXIMATELY 1/4-MILE
WEST OF ASHE ROAD.
WHEREAS, SmithTech/USA, Inc. for Pascoe Family Investments, LLC, filed an application
requesting a General Plan Amendment, change of zoning of that certain property to be annexed into the
City of Bakersfield as hereinafter described; and
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, September 18,
2006, and on Thursday, September 21,2006, on General Plan Amendment No. 06-0463, notice oftime
and place for a public hearing having been given at least twenty (20) calendar days before said hearing
by publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 06-0463, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-0463:
SmithTech USA, Inc., for Pascoe Family Investments, LLC, applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from R-IA
(Resource - Intensive Agriculture) to LI (Light Industrial) on 41-acres and LMR (Low Medium
Density Residential) on 39-acres located on the north side of McCutchen Road, approximately
1/4-mile west of Ashe Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-0463 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality
Act (CEQA); and
WHEREAS, Policy No. 14 of the Conservation/soils and Agriculture Element of the Metropolitan
Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) factors when considering
projects that propose to convert designated agricultural land to non-agricultural uses; and
WHEREAS, the Planning Commission and City Council have evaluated the ten (10) factors
provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan
Bakersfield General Plan and found the following:
1. Soil Qualitv
Finding - The soil type of the project site (Kimberlina, 0-2 percent slopes and Panoche
clay loam, 0-2 percent slopes) are some of the most common soils within the Valley
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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 irrication water
Finding - Although he project site is currently fallow, irrigation water is currently available
to the site.
3. Proximity to non-acricultural uses
Finding - There are several existing and proposed subdivision tracts lying within 'Y2 mile
from the proposed project site to the north, west, east, and south.
4. Proximity to intensive oarcelization
Finding - The areas surrounding the site, specifically to the north, east, and south are
planned for residential development. Therefore, the conversion of the project site to
urbanization is appropriate for the area.
5. Effect on orooerties subiect to "Williamson Act" land use contracts
Finding - No parcels within the project site are currently under a Williamson Land Use
Contract.
6. Abilitv to be orovided with urban services (sewer. water. roads. etcJ
Finding - The site is accessible by existing City and County maintained road, Le., Ashe
Road. Municipal sewer and water service is expected to be taken from McCutchen
Road and Ashe Road. City sewer service is to be required as a condition of this
development.
7. Abilitv to affect the aoolication of acricultural chemicals on nearby acricultural orooerties
Finding - Changes to methods of agricultural chemicals applied to adjacent lands that
would occur as a result of implementation of this project are not expected due to the
proximity of existing and proposed residential development.
8. Abilitv to create a orecedent-settinc situation that leads to the oremature conversion of
orime acriculturallands
Finding - The property is currently zoned for agriculture and is designated for agricultural
use. Parcels in all directions are currently being developed or are planned for
development.
9. Demonstrated oroiect need
Finding - The project is in accord with adjacent residential development and in the area,
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
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Finding -The project site is located adjacent to agricultural and proposed residential
land. The proposed development to the east, west, and south of the project boundary
represents a low-density residential development. The proposed project is consistent
with this use.
WHEREAS, by Resolution No. 194-06 on September 21, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-0463 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, November 15,
2006, on General Plan Amendment No. 06-0463, notice of time and place of the hearing having been
given at least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 194-06, adopted on September 21,
2006:
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 Agricultural)
to LI (Light Industrial) on 41-acres and LMR (Low Medium Density Residential)
on 39-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.
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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. 06-0463 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. 06-0463,
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
McCutchen Road, approximately 1/4-mile west of Ashe Road, subject to
"Mitigation/Conditions of Approval" listed in Exhibit "A".
5. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (CEQA) for the purposes of documenting
significant effects, it is the conclusion of the Lead Agency that this project will result in
impacts that fall below the threshold of significance with regard to wildlife resources and,
therefore must be granted a "de minimis" exemption in accordance with Section 711 of
the State of California Fish and Game Code. Additionally the assumption of adverse
effect is rebutted by the above-referenced absence of evidence in the record and the
lead agency's decision to prepare a Negative Declaration for this project.
6. That General Plan Amendment No. 06-0463, 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 adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on NOV 1 5 2006 by the
following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHVI, MC
CITY CLERK and Ex Offi io Clerk of the
Council of the City of Bakersfield
APPROVED
NOV 1 5 2006
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By: /&;ac7h- ~_
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS:S:IGPA 3rd 2006106-0463\Resolutions1CC GPA Resolution.doc
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Exhibit A
Mitigation/Conditions of Approval
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Exhibit A
Conditions of Approval
GPA/ZC 06-0463
Page 1 of 4
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 06-0463
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Cultural Impact Mitiqation Measures:
1. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural
resource impacts.
2. If human remains were 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. Mitigation for potentially significant cultural resource impacts.
Traffic Impact Mitiqation Measures:
3. Prior to issuance of any building permit, the developer shall pay the applicable Regional
Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works
Department. Mitigation for potentially significant traffic and circulation impacts.
4. Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor include with normal development improvements) as indicated in
Tables 7 of the traffic study (Ruettgers & Schuler, March 2006). 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. The recommended mitigations can be found in Table 1:
Table 1
Future Intersection Improvements and Local Mitigation
Local Mitigation Project % Share
# Intersection Total Improvements Required by (Improvements for Local
2030 not covered by Mitigation
RTIF)
1 Gosford Road and 1 SBL 1 SBL1 2.88 %
Harris Road
2 Ashe Road and Install Signal Install Signal 3.65 %
Harris Road
3 Reliance Drive and Install Signal - 1 EBT, 1 WBL, 1 1 SBL1 4.45 %
Panama Lane NBL2,1 SBL
4 Reliance Drive and Install Signal - 1 EBL, 1 SBR Install Signal, 1 5.9%
McCutchen Road SBR
Notes:
NB = Northbound, SB = Southbound, WB = Westbound, EB = Eastbound
L = Left Turn Lane, T = Through Lane, R = Right Turn Lane
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Exhibit A
Conditions of Approval
GPA/ZC 06-0463
Page 2 of 4
Striping Only
21ntersection will be built to ultimate width with adjacent development to the south
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
5. Along with the submittal of any development plan, prior to approval of improvement plans, or
with the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for McCutchen Road to arterial standards and Berkshire Road
and Reliance Drive to collector standards for the full frontage of the area within the GPA request.
Provide fully executed dedication for McCutchen Road from the east boundary of the GPA/ZC
area to the intersection of Ashe Road. 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
GPA/ZC area is submitted, dedication can be provided with the map. For orderly development.
b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer.
The south side of McCutchen shall be included in the drainage area for this study. No more
than 1 sump may be utilized to serve this area; this sump may be located so that it is available to
serve adjacent areas as they develop. The study shall be approved and any required retention
site and necessary easements dedicated to the City. For orderly development.
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. For orderly development.
d. Submit verification to the City Engineer of the existing sewer system's capability to accept the
additional flows to be generated through development under the new land use and zoning. For
orderly development.
6. 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 Consolidated 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. For orderly development.
7. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is
required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area.
For orderly development.
8. This site has no improved access. With the development of the project area, approved, improved
access to the site must be provided. The required improvements shall be 32 feet of paving meeting
the appropriate City design standards, with 8' graded shoulders. If it becomes necessary to obtain
any off site right of way and if the developer is unable to obtain the required right of way, then he
shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement fQAI(~
and post security for the purchase and improvement of said right of way. For orderly developme~ '9~
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Exhibit A
Conditions of Approval
GPA/ZC 06-0463
Page 3 of 4
9. 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:
o Gosford Rd & Harris Rd, Add 1 SBL 1, 2.88% share
o Reliance Dr & Panama Ln, Add 1 SBL 1, 4.45% share
o Ashe Rd & Panama Ln, Add 1 SBL 1, 3.6% share2
o Reliance Dr & McCutchen Rd, Install signal, Add 1 SBR, 5.9% share
For orderly development.
10. Regional Transportation Impact Fee: Pay the standard residential and industrial fees, as adopted at
time of development. For orderly development.
11. Construct full improvements on the north side of McCutchen Road from the east boundary of the
GPA/ZC area to the intersection of Ashe Road upon further development of the GPA/ZC parcel. For
orderly development.
Planninq Department Conditions
11. Residential Structures shall not be permitted within the ~ -mile buffer area for Wastewater
Treatment Plant No.2 as depicted on attached Figure 1. For public health, safety and welfare.
Fire Safety Division:
12. Pipeline Easements.
. Concurrently with recordation of any phase that includes the pipeline easements or portions
thereof, subdivider shall show the easements on the final map with a notation that structures
including accessory buildings and swimming pools, are prohibited within the easements and
record a corresponding covenant. For orderly development.
. Prior to or concurrently with recordation of any phase that includes the pipeline easements of
portions thereof, subdivider shall show on the final map that no habitable portion of a structure
may be built within 50 feet of a gas main, or transmission line, or refined liquid product line with
36 inches of cover, and record a corresponding covenant. For orderly development.
. No structure may be within 40 feet of a hazardous liquids pipeline bearing refined product, within
48 inches of more of cover. If a pipeline meets this criteria, the 40 foot setback line shall be
shown in the final map and a corresponding covenant shall be recorded prior to or concurrently
with recordation of any phase that is affected. For orderly development.
. Prior to or concurrently with recordation of any phase within 250 feet of pipeline easements,
subdivider shall record a covenant disclosing the location of pipelines on all lots of this
subdivision within 250 feet of the pipelines. For orderly development.
City Attornev:
1 Striping only.
2 Added based on review of adjacent project traffic study, GP A 06-0456
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Exhibit A
Conditions of Approval
GPA/ZC 06-0463
Page 4 of 4
13. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant. and/or property
owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City
of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein)
against any and all liability, claims, actions, causes of action or demands whatsoever against them,
or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or not, except for
City's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the
City related to this project and the obligations of this condition apply regardless of whether any other
permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or 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.
JS:S:\GPA 3rd 2006\06-0463\Staff Reports\Exhibit A-1.doc
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Exhibit B
General Plan Amendment Map
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METROPOLITAN BAKERSFIELD GENERAl PLAN
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Land Use Desl :anatlons
RR Rural Residential LI Light Industrial
2.5 gross acres/dwelling unit
SI Service Industrial .
ER Estate Residential
1 dwelling unit/net acre HI Heavy Industrial
SR Suburban Residential -----
:s; 4 dwelling units/net acre
P PubliC Facilities
SRI LR County: :s; 4 dwelling units/net acre
City: :s; 7.26 dwelling units/net acre PS PubliclPrivate Schools
LR Low Density Residential PT Public Transportation Corridors
:s; 7.26 dwelling units/net acre
P-SW Solid Waste Facilities
LMR Low Medium Density Residential
> 4. units but :s; 10 dwelling units/net acre OS Open Space
HMR High Medium Density Residential OS-P Parks and Recreation
> 7.26 units but :s; 17.42 dwelling units/net acre
High Density Residential OS-S Slopes exceeding 30%
HR
> 17.42 units but :s; 72.6 dwelling units/net acre R-IA Resource - Intensive Agriculture
20 acre minimum parcel size ,
----- ,
R-EA Resource - Extensive Agriculture
HC Highway Commercial 20 acre minimum parcel size
GC General Commercial 80 acre min (Williamson Act)
R-MP Resource - Minerals & Petroleum
MC Major Commercial 5 acre minimum parcel size
OC Office Commercial
MUC Mixed Use Commercial
General Plan Street Classification
Freewavs
provide service to through traffic exclusively with no access to abutting property and no at-grade
intersections.
EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections, and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide access to abutting
property.
Locals
function to connect local streets with arterials and to provide access to abutting property.
are exclusively for property access and through traffic is discouraged.
Collectors
S:\Forms\zone-gp.doc
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