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Home My WebLink AboutRES NO 032-07 RESOLUTION NO. 032-07 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT NO. 06-2022, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LI (LIGHT INDUSTRIAL) AND HI (HEAVY INDUSTRIAL) TO P (PUBLIC FACILITIES) ON APPROXIMATELY 40 ACRES GENERALLY LOCATED AT THE SOUTHWEST CORNER OF E. PLANZ ROAD AND WASHINGTON STREET (FUTURE), AND FROM R-IA (RESOURCE-INTENSIVE AGRICULTURE) TO HMR (HIGH MEDIUM DENSITY RESIDENTIAL) ON APPROXIMATELY 40 ACRES GENERALLY LOCATED AT THE SOUTHEAST CORNER OF COTTONWOOD ROAD AND E. BERKSHIRE ROAD (FUTURE). 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 18, 2006, and on Thursday, December 21, 2006, on General Plan Amendment No. 06-2022, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 06-2022, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 06-2022: Mel Heinemann applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres generally located at the southwest comer of E. Planz Road and Washington Street (future), and from R-IA (Resource- Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres generally located at the southeast comer of Cottonwood Road and E. Berkshire Road (future); and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-2022 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 Califomia Environmental Quality Act (CEQA); and WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan req uires 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 with respect to the approximately 40 acres generally located at the southeast comer of Cottonwood Road and E. Berkshire Road (future) and found the following: 1 <o"'K~1> ~ ~ >- - I- l!! <<3 b ORIG1NAl 1 ) Soil Quality The project site contains soil type 174 (Kimberlina fine sandy loam, 0 to 2 percent slopes), which meets the requirements for prime farmland if water for irrigation is available. 2) Availability of irriaation water Irrigation water is currently available to the site. 3) Proximity to non-aaricultural uses Properties to the north are planned for residential development. Numerous properties within approximately one-third to one mile west of the project site are designated and zoned for residential uses. 4) Proximity to intensive oarcelization There are a number of proposed residential subdivisions within approximately one-third to one mile west of the project site. Properties to the north are planned for residential development and are anticipated to be subdivided in the future. 5) Effect on orooerties subiect to 'Williamson Act" land use contracts There are no properties within the project's Zone of Influence that are currently under a Williamson Act land use contract. 6) Ability to be orovided with urban services (sewer. water. roads. etc.) The site is currently accessible via Cottonwood Road and will be accessible via E. Berkshire Road in the future. Municipal sewer and water service can be extended to the site. 7) Ability to affect the apolication of aoricultural chemicals on nearby aaricultural orooerties The proposal's impact to nearby agricultural properties would not be significant due to the restrictions and limitations on the use of agricultural chemicals that will result from other planned and approved residential developments in the immediate vicinity. 8) Ability to create a orecedent-setting situation that leads to the oremature conversion of orime agricultural lands Urban development has been approved in the immediate vicinity. Therefore, the proposal would not set a precedent in this regard. 9) Demonstrated oroiect need Based upon the close proximity of the project site to other urbanizing lands, the proposal is considered a logical step in the orderly development of the City of Bakersfield. Urbanization of the site would allow for the incremental expansion of the infrastructure and public services that are being constructed and provided in the surrounding area and would help to meet the need for housing to accommodate the projected population growth in the Metropolitan Bakersfield General Plan area. 2 ~ 'O"'/(~-9 o ~ ~ - I- m _ r- <.) b ORIGINAL 10) Necessity of buffers such as lower densities. setbacks. etc Ample buffers would be provided between the project site and agricultural properties to the north, south and west by existing and future public streets. The PG&E easement within the eastern portion of the site as well as the adjacent canal would provide an ample buffer from agricultural properties to the east. Furthermore, the property to the north was recently designated and prezoned for residential uses by the City Council subject to annexation. WHEREAS, by Resolution No. 260-06 on December 21, 2006, the Planning Commission recommended approval and adoption of General Plan Amendment No. 06-2022 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 brth 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, FEBRUARY 7, 2007, on General Plan Amendment No. 06-2022, 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. 260-06, adopted on December 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 changes from LI (Light Industrial) and HI (Heavy Industrial) to P (Public Facilities) on approximately 40 acres and from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) on approximately 40 acres are compatible with the land use designations of surrounding properties and are 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 ~ 'O"'/(~-9 o % ~ - J- m - r- <.) b ORIGINAL 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. 06-2022 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. 06-2022, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for approximately 40 acres generally located at the southeast corner of Cottonwood Road and E. Berkshire Road (future), and approximately 40 acres generally located at the southwest corner of E. Planz Road and Washington Street (future), subject to the "Mitigation/Conditions of Approval" listed in Exhibit "A". 5. That General Plan Amendment No. 06-2022, 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. ---------()()()-------- 4 ~ 'O"'/(~-9 o ~ ~ - J- m _ r- <.;) b ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on flB ~ B 2007 by the following vote: ~ v .....-- - --- - v COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: NOES: ABSTAIN: ABSENT: PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio CI Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By. /?d;;A/QIfl' ~ Exhibit A - Mitigation/Conditions of Approval B - General Plan Amendment Map PH - S:\GPA 4th 2006\06-2022\Resolutions\CC GPA Resolution.doc 5 ~ 'O"'/(~-9 o ~ ~ .... J- fTl - r- <.) C:J ORIGINAL Exhibit A Mitigation/Conditions of Approval 'O"'K~-9 ~ ~ ~ "' I- r- '0 b ORIGINAL EXHIBIT A Mitigation/Conditions of Approval General Plan Amendment No. 06-2022 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Cultural Resources: 1. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further eyaluation. Mitigation for potentially significant cultural resource impacts. 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 Natiye American community shall be notified immediately. Mitigation for potentially significant cultural resource impacts. ADDITIONAL CONDITIONS OF APPROVAL: Public Works (The following conditions do not apply to the 40-acre portion of the GPA area located at the southwest corner of E. Planz Road and Washington Street): 3. Along with the submittal of any deyelopment plan, prior to approval of improvement plans, or with the application for a lot line adjustment or parcel merger, the following shall occur: a. Proyide fully executed dedication for Cottonwood Road to arterial standards and Berkshire Road to collector standards for the full frontage of the area within the GPA area and proYide fully executed dedication for Washington Street to collector standards in its entirety within the GPA area. 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 tentatiye subdiyision map oyer the entire GPA area is submitted, dedication can be provided with the map. The final site plan shall be consistent with the Circulation Element of the Metropolitan Bakersfield General Plan in effect at the time of final site plan approval. b. This GPA area is too small to support its own storm drainage sump. The City will allow no more than one sump per 80 acres; therefore, this GPA area must be included within the drainage area of adjoining property. The developer shall participate in the development of a Planned Drainage Area and proYide a ~ 'O"'/(~-9 o ~ ~ m _ r- <.) b ORIGINAL Exhibit A GPA No. 06-2022 Mitigation/Conditions of Approyal drainage study for the GPA area, showing its proportionate share of the necessary ultimate storm drainage facilities. c. Sewer service must be proYided to the GPA area. The deyeloper 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 deyeloper in the formation of a Planned Sewer Area and/or an Assessment District to proYide a mechanism for the reimbursement of oyersizing costs to the deyeloper. 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 haye a mechanical deyice in the storm drain system to remoye or minimize the introduction of oil, grease, trash, and sediments to the sump. This deyice shall be reyiewed and approyed by the City Engineer, and shall provide the greatest benefit to the storm drain system with the least maintenance cost. For orderly development. 4. The entire area coyered 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 deyelopment plan, tentatiye subdiyision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. For orderly development. 5. Payment of median fees for the arterial frontage of the property within the GPA area is required prior to recordation of any map or approyal of any improyement plan for the GPA area. For orderly development. 6. The Cottonwood Road crossing of the Arvin Edison Canal need widening; the Washington Street crossing of this canal must be constructed. Deyeloper shall pay their proportionate share of the cost and shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of the crossings. For orderly development. 7. Prior to the issuance of any building permit within the GPA area, the deyeloper shall pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works Department. For orderly development. Page 2 of 3 ~ 'O"'/(~-9 o ~ ~ m I- r- <<3 b ORIGINAL Exhibit A GPA No. 06-2022 Mitigation/Conditions of Approyal Citv Attorney: 8. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related enyironmental approyals related to or arising from this project, the applicant, and/or property owner and/or subdiyider ("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 whatsoeyer, in any way arising from, the terms and proYisions of this application, including without limitation any CEQA approyal or any related development approyals or conditions whether imposed by the City, or not, except for CITY's sole actiye negligence or willful misconduct. This indemnification condition does not preyent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiYing 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. Page 3 of 3 ~ <of4.K~-9 o % ~ - .- m _ r- <.) b ORIGINAL Exhibit B General Plan Amendment Map ~ 'O"'/(~-9 o ~ ~ - J- rn - r- <.) b ORIGINAL GENERAL PLAN AMENDMENT 06-2022 T PT 781 8 ~ ). ~ l- Ll <3 ~ EAST PLAN ROAD LI PT LI l.- ~ .- P .""- I . ....,. LI If.l .-...-.. I . i . 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