HomeMy WebLinkAboutRES NO 182-07
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE
DECLARATION, APPROVING THE APPEAL AND ADOPTING
GENERAL PLAN AMENDMENT NO. 06-2275, AN AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN FROM R-IA (RESOURCE -
INTENSIVE AGRICULTURE) TO LR (LOW DENSITY
RESIDENTIAL) ON 49.52 ACRES, GENERALLY LOCATED AT
THE NORTHWEST CORNER EAST PANAMA LANE AND
COTTONWOOD ROAD. (Ward 1 upon annexation).
182-07
WHEREAS, Marino & Associates, representing the Garone Family Trust, the property owner,
filed alJ application requesting a General Plan Amendment, to change the land use designation of
that certain property to being 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, June 18,
2007, and on Thursday, June 21, 2007, on General Plan Amendment No. 06-2275, 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. 06-2275, an amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-2275:
Marino & Associates for Garone Family Trust, 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 49.52 acres, generally located at
the northwest comer of East Panama Lane and Cottonwood Road; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 06-2275 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 is appropriate; and
WHEREAS, Policy C.14 of the Conservation Element of the Metropolitan Bakersfield
General Plan requires the decision making body to evaluate ten factors to determine the
appropriateness of the agricultural conversion proposals; and
WHEREAS, the applicant submitted an Agricultural Land Evaluation and Conversion
Assessment for the project site that analyzed the ten factors; and
WHEREAS, the Planning Commission has evaluated the ten factors provided under Policy
C.14 of the Conservation Element of the Metropolitan Bakersfield General Plan and finds the
following:
1 ) Soil Qualitv
The soil types prevalent on the proposed site are listed in the Soil Survey of Kern County,
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California, Southwestern Part (United States Department of Agriculture, Soil Conservation
Service). Based on the soil survey, the project site include soil type 174 (Kimberlina fine
sandy loam, with 0 to 2 percent slopes). This soil is suited for hay and pasture. It has few
limitations.
2) Availabilitv of irrication water
Irrigation water is available to the property. Based on figures from the Kern County Water
Agency's 1999 Water Supply Report published in 2003, the current agricultural water use for
agricultural crops, in rotation, on the project's land is approximately 17.8 acre-feet per
annum.
3) Proximitv to non-acricultural uses
There are twelve existing and proposed subdivision tracts and projects lying within ~ mile
from the proposed project.
4) Proximitv to intensive oarcelization
The following table indicates the designations as reflected in the Metropolitan Bakersfield
General Plan and proposed amendments that will allow future land use pacelization to the
north, south and vvest of the project.
Nei hborin Pro ert : General Plan Desi nation
Pro.ect Location General Plan Desi nation
North Low Densit Residential
South Intensive A riculture
East Intensive A riculture
West Suburban and Low Medium Densit Residential
5) Effect on orooerties subiect to 'Williamson Act" land use contracts
None of the project's Zone of Influence is under Williamson Act contract and would not be
affected by the proposed changes; therefore, there would be no effect.
6) Ability to be orovided with urban services (sewer. water. roads. etc.)
The site is accessible by existing City and County maintained roads, i.e. Cottonwood Road
or E. Panama Lane. Municipal sewer and water service is to be required as a condition of
this development.
7)
orooerties
Ability to affect the aoolication of acricultural chemicals on nearbv acricultural
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 in the general vicinity.
8) Abilitv to create a orecedent-settinc situation that leads to the oremature conversion
of orime acriculturallands
This property is currently zoned for agriculture and is designated for agriculture use. Parcels
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to the north, south and west are currently being developed or are planned for urban
development.
9) Demonstrated oroiect need
The project is in accord with adjacent residential development in the general area and is
necessary to provide for housing to offset the deficiency in urban housing demand.
10) Necessitvof buffers such as lower densities. setbacks. etc
The project is located adjacent to agricultural resources and residential land. The proposed
developments to the north, south and west of the project boundary represent a low-density
residential development. The proposed project is consistent with this use.
WHEREAS, by Resolution No. 114-07 on June 21, 2007, the Planning Commission
recommended denial General Plan Amendment No. 06-2275 and this Council has fully considered
the findings made by the Planning Commission as set forth in that Resolution and as restated
herein; and
and
WHEREAS, an appeal of the Planning Commission's decision was submitted by Jim Marino;
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,
August 15, 2007, on General Plan Amendment No. 06-2275, 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, on Wednesday, August 29,2007, the Council after considering the comments
of staff, the applicant, and those who wished to speak, evaluated the proposal and subsequent
relevant information; and
WHEREAS, 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's CEQA
Implementation Procedures have been duly followed by city staff, the Planning Commission and this
Council; and
WHEREAS, the applicant submitted an Air Quality Impact Study, a Phase I Cultural
Resources Survey, an Odor Impact Analysis and an Acoustical Analysis; and
WHEREAS, the above studies concluded that the proposed project could not have a
significant impact, with proposed mitigation measures; and
WHEREAS, the Council has considered and hereby makes the following findings:
1.
The above recitals and findings are true and correct.
2.
The provisions of CEQA have been met.
Based upon the Initial Study and comments received, staff has determined that the r-..K
proposed project could not have a significant effect on the environment. A Negat# ~1>~
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3.
Declaration was prepared for the project in accordance with CEQA.
4. The applicant appealed the decision of the Planning Commission.
5. The City Council has approved and adopted similar land use designations recently
north of the project site.
6. The Council's decision to the north was based on studies provided by the applicant.
7. The studies found that no significant impact could occur, with mitigation measures,
from the egg farm.
8. The public necessity, general welfare and good planning practices justify the
requested amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan.
9. The properties to the north and west of the project site are currently designated on
the land use map of the Metropolitan Bakersfield General Plan as LR (Low Density
Residential).
10. The land use designation change from R-IA (Resource - I ntensive Agriculture) to LR
(Low Density Residential) on 49.52 acres is compatible with the land use
designations of surrounding properties and is internally consistent with the
Metropolitan Bakersfield General Plan.
11. 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.
12. The infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
13. The proposed land use designation is consistent with the Kern County Airport Land
Use Compatibility Plan.
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 the General Plan Amendment No. 06-2275 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, but not approved.
4. The proposed land use designation is consistent wth the Kem County Airport
Land Use Compatibility Plan.
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5. The City Council hereby approves the appeal.
6. The City Council hereby approves and adopts General Plan Amendment No. 06-
2275, constituting changes as shown on the map marked Exhibit "B", attached
hereto and incorporated as though fully set forth, for property being annexed to the
City of Bakersfield, generally located at the northwest corner of East Panama Lane
and Cottonwood Road listed in Exhibit "A."
7. That General Plan Amendment No. 06-2275, 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 Auaust 29. 2007 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTH CMC
CITY CLERK and Ex 0 I 10 Clerk of the
Council of the City of Bakersfield
APPROVED
AUG 2 9 Z007
HAR
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By. I1kw m ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
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EXHIBIT A
Mitigation/Conditions of Approval
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EXHIBIT A
MitigationlConditions of Approval
General Plan Amendment/Zone Change No. 06-2275
Cultural Resources
1. Prior to ground-disturbance activities associated with this project, personnel associated
with the grading effort shall be informed of the importance of the potential cultural and
archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) that
may be encountered during site preparation activities, how to identify those resources in
the field, and of the regulatory protections afforded to those resources. The personnel
shall be informed of procedures relating to the discovery of archaeological remains
during grading activities and cautioned to avoid archaeological finds with equipment
and not collect artifacts. The applicant/developer of the project site shall submit
docurnentation to the Planning Department that they have met this requirernent prior to
comrnencement of ground-disturbance activities. This documentation should include
information on the date(s) of training activities, the individual(s) that conducted the
training, a description of the training, and a list of names of those who were trained.
Should cultural remains be uncovered, the on-site supervisor shall immediately notify a
qualified archaeologist. 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
rernains are identified on the site at any tirne, 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.
Odor
3. Prior to the issuance of any building permit within the GPAlZC boundary or within a
smaller area identified by the Planning Director, the owner/subdivider shall install the
following:
a) A seven (7) foot high block wall on the perimeter property lines, extending a
minirnum distance of 1,150 feet south and at least 650 feet west frorn the
northeast corner of the proposed project site shall be constructed to serve as an
artificial barrier.
b) Landscaping along the seven (7) foot high block wall with 24 inch box trees such
as Gracilior Fern Pine (Podocarpus), Sideroxyllon (eucalyptus), Umbellularia
(California Laurel), or Eldarica Pine shall be spaced no farther apart than 25 feet
to provide a natural barrier and filter. The trees shall be placed within a private
landscape lot at least seven (7) feet wide and located between the solid wall and
the area used for a poultry farm (east of Cottonwood Road).
c) All inhabitable structures shall be setback at least 25 feet frorn the wall.
Mitigation for potentially significant odor impacts.
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Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 2 of 5
4. Prior to recordation of final subdivision maps within the GPAlZC area, a notice shall be
recorded on the deeds of all residential lots disclosing that the properties are in an area
subject to a potential off-site source of odor, specifically the existing poultry ranch at
6007 Cottonwood Road, and as a result, residents may experience inconveniences,
annoyances and discomfort arising from the odors of such operations. The notice shall
also state that residents of property near said agricultural use should, therefore, be
prepared to accept such inconveniences, annoyances and discomfort from normal
poultry ranch operations. The notice shall be subrnitted to the Planning Director and
City Attorney for review and approval, prior to its concurrent recordation with the
aforernentioned land division. Mitigation for potentially significant odor impacts.
Bakersfield Municipal Airport Compatibilitv
5. With the recordation of a final subdivision map within the GPAlZC area, the property
owner of the GPAlZC area shall dedicate an avigation easement to the City of
Bakersfield. The easement is dedicated for the benefit of Bakersfield Municipal Airport.
The avigation easement shall grant all rights deemed necessary by the City of
Bakersfield for the project site to: ensure that the development of said property will
neither impede airport operations nor result in flight hazards; provide the right of flight in
the airspace above the Federal Avigation Regulation Part 77 imaginary surfaces above
the property; restrict the height of structures, trees and other objects; and permit access
to the property for the removal or aeronautical marking of objects exceeding the
established height limit; to regulate or prohibit light emissions which rnight interfere with
pilot vision. An example of an Avigation Easernent is located within the Kern County
Airport Land Use Compatibility Plan. This avigation easernent will ensure that
prospective buyers of the property within this zone will be inforrned of the potential
inconvenience, annoyance and discomfort associated with aircraft over flights.
Mitigation for potentially significant airport impacts.
6. The portion of the GPAlZC site within the Airport Land Use Compatibility Plan B2 zone is
limited to development for non-inhabitable uses. This will be required, unless the B2
zone is eliminated on the project site. Mitigation for potentially significant airport
impacts.
Citv Attornev Condition
7. In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising frorn this project, the
applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to
indemnify, defend, and hold harrnless the City of Bakersfield, its officers, agents,
ernployees, departrnents, comrnissioners or boards ("City" herein) against any and all
liability, claims, actions, causes of action or demands whatsoever against thern, or any
of them, before adrninistrative or judicial tribunals of any kind whatsoever, in any way
arising from, the terms and provisions of this application, including without limitation any
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Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 3 of 5
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 prornptly notify Applicant of any such claim, action or preceding, falling
under this condition within thirty (30) days of actually receiving such clairn. 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 firrn or attorney chosen by another entity or party.
Public Works Conditions
8. Along with the subrnittal 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 Cottonwood Road and East Panama Lane
to arterial standards for the full frontage of the area within the GPA request.
Dedications shall include sufficient widths for expanded intersections and
additional areas for landscaping as directed by the City Engineer. Subrnit a
current title report with the dedication docurnents. If a tentative subdivision map
over the entire GPAlZC area is subrnitted, dedication can be provided with the
map. For orderly development.
b) This GPAlZC area is too small to support its own storm drainage surnp. The City
will allow no rnore than one sump per 80 acres; therefore, this GPAlZC area
rnust be included within the drainage area of adjoining property. Submit a
comprehensive drainage study of the entire drainage area, to be reviewed and
approved by the City Engineer. The study shall show the development's
proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or
shall provide some other method for the construction of the ultimate facilities
satisfactory to the City Engineer. Any required retention site and necessary
easernents shall be dedicated to the City. For orderly development.
c) Sewer service rnust 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 forrnation of a Planned Sewer
Area and/or an Assessment District to provide a rnechanisrn for the
reimbursement of over-sizing costs to the developer. For orderly development.
d) In order to preserve the perrneability of the sump and to prevent the introduction
of sediments from construction or frorn storm events, all retention and detention
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Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 4 of 5
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
rnaintenance costs. For orderly development.
e) Developer is responsible for the construction of all infrastructure, both public and
private, within the boundary of the GPAlZC area. This includes the construction
of any and all boundary streets to the centerline of the street, unless otherwise
specified. The developer is also responsible for the construction of any off site
infrastructure required to support this developrnent, as identified in these
conditions. The phasing of the construction all infrastructure will be addressed at
the subdivision rnap stage. For orderly development.
9. 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 subrnittal of any developrnent plan, tentative
subdivision rnap, Site Plan Review, or application for a lot line adjustment for any
portion of this GPA area. For orderly development.
10. Payment of the proportionate share of the cost of the median for the Cottonwood Road
and East Panama Lane frontage of the property within the GPAlZC request is required
prior to recordation of any map or approval of any irnprovement plan for the GPAlZC
area. For orderly development.
11. The E. Panama Lane and E. Fairview Road crossing of the Kern Island Canal, Central
Branch needs widening. The developer shall pay their proportionate share of the cost
and shall aid in the formation of a Bridge and Major Thoroughfare District for the
widening of the crossings, prior to recordation of any subdivision map or issuance of a
building perrnit on the GPA area. For orderly development.
12. Access to the arterial streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development. A full access opening
will only be considered if the developer funds and installs a traffic signal at the site
entrance. Said signal will only be perrnitted if a signal synchronization study is
subrnitted and approved, which shows progression is not adversely affected. For
orderly development.
Local Mitiaation:
13. 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
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Exhibit A
GPAlZC 06-2275
Mitigation/Conditions of Approval
Page 5 of 5
map or issuance of a building permit. Proportionate shares from the study as follows:
a) Cottonwood Rd & White Ln, Add 1 NBL, 1 SBL, 2.72% share
b) Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 EBT, 1 EBR, 1 NBL,
1 NBT, 1 NBR, 1 SBL, 1 SBT, 1 SBR, 5.7% share
c) Cottonwood Rd & Fairview Rd, Install signal, Add 1 NBL, 1 SBR, 6.33 % share
d) Panarna Ln & So. H St, Add, 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBT, 1 SBR, 2.44
% share
e) Union Ave & Panama Ln, Add 2 WBL\ 2 WBT1, 1 WBR\ 2.8% share
f) Sparks St & Panama Ln, Install signal, 4.7% share
g) Cottonwood Rd & Panama Ln, Add 1 WBL, 1 WBT, 1 NBL, 1 NBT, 1 SBL, 1
SBT, 4.46% share
Notes: NB - north bound, SB - South bound, WB - west bound,
EB - east bound, L -left turn lane, T - Through lane, R - Right
turn lane, 1 Striping only
For orderly development.
Reaional Transportation Impact Fee:
14. Pay the standard residential fees, as adopted at tirne of developrnent. For orderly
development.
Transportation Condition
15. City Council approved a nine (9) point action plan on May 23,2007, to pursue funds
needed to complete construction of transportation facilities to serve growth and
development within Metropolitan Bakersfield. Point 3 of this action plan requires
additional rnitigation frorn all General Plan amendrnents, projects with Environrnental
Irnpact Reports and single lot development projects. A portion of the funds necessary
to complete these improvements has been identified and collected. However, in order
to fund the cornpletion of these planned improvements, supplernentary funds are
necessary. Therefore, because the proposed project is benefited by these major
transportation facilities which are not fully funded, it is necessary that the applicant
participate in a major transportation facility program. The exact fee per dwelling unit or
comrnerciallindustrial square foot is currently under review by City staff. This major
transportation facility fee shall be paid prior to subdivision application cornpleteness,
approval of a parcel map waiver, preliminary site plan approval, or preliminary planned
unit developrnent approval. For orderly development.
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EXHIBIT B
Location Map
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