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HomeMy WebLinkAboutRES NO 200-08RESOLUTION NO. ~~O "' ~ 8 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT N0.08-1036, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY LOCATED BETWEEN THE 99 FREEWAY AND ELLASHOSH STREET, SOUTH OF MCKEE ROAD. WHEREAS, Marino & Associates, filed an application requesting a General Plan Amendment, to change the land use designations of 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 15, 2008, and on Thursday, September 18, 2008, on General Plan Amendment No. 08-1036, notice of the time and place of hearing having been given at least thirty (30) calendar days before said hearing by publication in The Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 08-1036, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 08-1036: Marino & Associates 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 6.36 acres, generally located between the 99 Freeway and Ellashosh Street, south of McKee Road; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 08-1036 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 Quality The project site is within the boundary of Agricultural Preserve No. 10 and is currently used as undeveloped fallow cultivated land. The project site is not under a Williamson Act Land Use Contract. The project site contains the following two soil types: (1) 127-Cajon sany loam, over blown, deep excessively drained soil, with 0-2% slope, is found on alluvial fans and derived dominantly from granite. Permeability of the Cajon soil is rapid and available water capacity is low or moderate. Runoff is very slow, and the hazard of soil blowing is moderate. Effective rooting depth is 60 inches or more. Most areas of this unit are used for irrigated crops, mainly Page 1 of 5 ~,, -,~`~.~n .. ~>' `?~ :. i- ~. almonds, alfalfa, cotton, and grapes. Among other crops grown are potatoes, sugar beets, pistachios, and onions. This unit is suited to hay, pasture, and irrigated crops. The main limitations are restricted available water capacity and moderate hazard of soil blowing. The soil is included in the U.S. Department of Agriculture Land Capability Classification Ills-4; Store Index 65; and (2) 174-Kimberlina fine sandy loam, deep, well drained soil, with 0-2% slope is found on alluvial fans and plains and is derived dominantly from granitic and sedimentary rock. Permeability of the Kimberlina soil is moderate and available water capacity is high. Runoff is slow and the hazard of water erosion is slight. Effective rooting depth is 60 inches or more. Most areas of this unit are used for irrigated crops, mainly almonds, alfalfa, cotton, and grapes. Among other crops grown are onions, sugar beets, pistachios, and potatoes. The unit is suited to hay and pasture with few limitations. If this unit is used for urban development, the main limitation is rare periods of flooding. The soil is included in the U.S. Department of Agriculture Land Capability Classification I; Store Index 95. 2) Availability of Irrigation Water Currently the site is fallow land. Irrigation water is available adjacent to the property. Based on figures from the Kern County Water Supply Agency's 2000 Water Supply Report published in 2005, the current agricultural water use for agricultural crops, in rotation, on the project's land is approximately 21.9 acre-feet per annum. 3) Proximity to Non-agricultural Uses There are seventeen existing and proposed subdivision tracts and other urban development projects lying within '/z mile from the proposed project. 4) Proximity to Intensive Parcelization The land use designations as reflected in the Metropolitan Bakersfield General Plan and proposed amendments will allow future land use Parcelization to the north, south, east, and west of the project. 5) Effect on Properties Subject to "Williamson Act" Land Use Contracts No part of the project's Zone of Influence (parcels within aradius of/4 mile) is under Williamson Act and therefore would not be affected by the proposed changes; therefore, there would be no effect. 6) Ability to be provided with urban services The site is accessible by existing City and County maintained roads, i.e. Ellashosh Street. Municipal sewer and water service are expected to be taken from McKee Road south on Ellashosh Street. Water will be provided by California Water Service Company and sewer will be provided by the City of Bakersfield. Sewer service is to be required as a condition of this development. 7) Ability to affect the application of agricultural chemicals on nearby agricultural properties 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) Ability to create aprecedent-setting situation that leads to the premature conversion of prime agricultural lands This property is currently designated for agriculture. Parcels to the north, south, east and west are currently being developed or are planned for urban development. Page 2 of 5 :' `.__ r ~, 9) Demonstrated project need The project is in accord with adjacent residential development in the area and would provide community services and support for the surrounding residential developments and greater community at large. 10) Necessity of buffers such as lower densities, setbacks, etc The project is located adjacent to a transportation corridor and commercial and residential developments. The developments to the west of the project site represent amedium-high density residential development. The proposed project is synergistic with this use. WHEREAS, by Resolution No. 123-08 on September 18, 2008, the Planning Commission recommended approval and adoption of General Plan Amendment No. 08-1036 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 19, 2008, on General Plan Amendment No. 08-1036, 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: 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 asset forth in Resolution No. 123-08 on September 18, 2008: 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 6.36 acres is compatible with the land use designations of surrounding properties and is internally consistent with the Metropolitan Bakersfield General Plan. 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. Page 3 of 5 r ~%i n -, _~,r.,,,,.~. t;; ~~~>;,~ ~ ~ - 3. That the applicant by prior written agreement 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: The above recitals and findings incorporated herein are true and correct. 2. The Negative Declaration for the General Plan Amendment No. 08-1036 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. 08- 1036, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located between the 99 Freeway and Ellashosh Street, south of McKee Road, and subject to the Mitigation/Conditions of Approval as listed in Exhibit "A." 5. That General Plan Amendment No. 08-1036, 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. ---------000-------- Page 4 of 5 ;, 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 November 19, 2008 by the following vote: / / ./ / ES: COUNCILMEMBER CARSON. BENHAM WEIR. COUCH HAN O SULLIVAN SCRIVNER ES: COUNCILMEMBER ui?,~ ~ ABSTAIN: COUNCILMEMBER 4tDk2_ ABSENT: COUNCILMEMBER ble7'ri-c_ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk o the Council of the City of Bakersfield APPROVED NOV 2008 HARVEY L.'HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney ~~ ~ Exhibit A -Mitigation/Conditions of Approval B -General Plan Amendment Map CG - S:\GPA 3rd 2008\08-1036\Res Ord\CC Resolution GPA 08-1036.doc Page 5 of 5 Exhibit A Mitigation/Conditions of Approval <;~ Exhibit A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 08-1036 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality Mitigation Measures The proposed project will have air pollutant emissions associated with the construction and occupied use of the project site. Prior to grading plan approval, the applicant/developer of the project site shall submit documentation to the Planning Department that they will/have met all air quality control measures required by the San Joaquin Valley Air Pollution Control District. Mitigation for potentially significant air quality impact. Biological Impact Mitigation Measures 2. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owl, and comply with the provisions of the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project-related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. Mitigation for potentially significant biological resource impact. 3. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. Mitigation for potentially significant biological resource impact Cultural Impact Mitigation Measures 4. 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 Resource 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 impact. 5. Prior to ground-disturbance activities associated with this project, personnel associates with thg ~~ ' " grading effort shall be informed of the importance of the potential cultural and archaeological , Page 1 of 5 EXHIBIT A GPA/ZC No. 08-1036 Mitigation/Conditions of Approval 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 documentation to the Planning Department that they have met this requirement prior to commencement 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 impact. Noise Impact Mitigation Measures 6. Prior to the issuance of any building permit within the GPA/ZC area, at least a 14 foot block wall is to be constructed along the eastern property boundary or the wall shall be a height determined by an approved acoustical study accepted by the Planning Director. Berms may be allowed as approved by the City Engineer. Mitigation for potentially significant noise impact. Traffic Mitigation Measures 7. Prior to the issuance of any building permit within the GPA/ZC area, the applicant/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 impact. 8. Prior to issuance of the first building permit within the GPA/ZC area, the developer shall pay the proportionate share contributions for the intersection and roadway improvements not covered by the RTIF as identified in the following Tables: TABLE A FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION local Mitigation Project Intersection Total Improvements Required by 2030 (Improvements not Share for covered by RTIF) Local Miti ation Wible Rd & Install Signal - 1 EBL, 2 EBT, 1 WBL, 2 Hoskin Ave WBT, 1 WBR, 2 NBL, 2 NBT, 1 SBL, 2 SBT _ - Wible Rd & Install Signal - 1 EBT, 1 WBT, 1 NBL 1 McKee Rd , NBT, 1 NBR, 1 SBL, 1 SBT 1 EBT, 1 WBT 1.4% South H St & Install Signal - 1 EBL, 1 EBT, 1 WBL, 1 1 EBL, 1 EBT 1 McKee Rd WBT, 1 NBL, 1 NBT, 1 NBR, 1 SBL, 1 SBT , WBL, 1 WBT 0.51% Wible Rd & Taft Install Signal - 1 EBL, 2 EBT, 1 EBR, 1 Hwy (SR 119) WBL, 2 WBT, 1 WBR, 2 NBL, 2 NBT, 1 2 NBL, 2 NBT, 1 NBR 0.29% NBR, 2 SBL, 2 SBT, 1 SBR Notes: NB =Northbound WB =Westbound L =Left Turn Lane R =Right Turn Lane SB =Southbound EB =Eastbound T = Throu h Lane Page 2 of 5 EXHIBIT A GPA/ZC No. 08-1036 MitigatioNConditions of Approval TABLE B FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION Total Improvements Local Mitigation Project Roadway Required by 2030 (Improvements not Share for Local covered b RTIF Miti ation Wible Rd: Hosking Ave -Taft Hwy Add 2 lanes, Add - - Median McKee Rd: Wible Rd - S. H St Add 2 lanes Add 2 lanes' 4.22% 'Note: The brid a over SR 99 is included in the RTIF. Mitigation for potentially significant traffic impact. ADDITIONAL CONDITIONS OF APPROVAL: Planning Division: 9. The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre-payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Mitigation for potentially significant biological resource impact. 10. The following design standards shall be applied to the block wall on the east side of the project site, along the 99 Freeway: a. The freeway, highway and expressway (freeway) side face of the wall shall have visual relief including a minimum 40% fluted texture of masonry, concrete or wall panels, and apre-cast cap. The City Engineer shall determine the location and design of any required "poured in place" wall at locations such as abutments and adjacent off-ramps. Visual relief such as mosaics, murals, public art, stamped or colored concrete may be required by the City Engineer on the "poured in place" walls. For orderly development. b. The wall color shall be light to medium shades of grey, brown or off-white. For orderly development. c. Climbing vines and an irrigation system are required to be installed adjacent to the wall on the freeway side of the wall. The vines shall be planted within an 18 inch width area adjacent to the wall. Vine species, spacing, location and irrigation system shall be approved by the City Recreation and Parks Department. For orderly development. d. A ten (10) foot wide all weather maintenance road shall be provided adjacent the freeway side of the wall. This 10-foot road shall be outside the CalTrans' right-of-way. The end(s) of the maintenance roads shall be gated as required by the City Engineer. For orderly 4 ,. development. z, Page 3 of 5 EXHIBIT A GPA/ZC No. 08-7036 MitigatioNConditions of Approval Public Works: 11. 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. This GPA/ZC 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/ZC area must 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 easements shall be dedicated to the City. For orderly development. b. Sewer service must be provided to the GPA/ZC area. 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. 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. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC 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 development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map or Site Plan Review stage. For orderly development. e. According to the Transportation Concept Report (TCR) for SR 99, the ultimate facility for SR 99 will be an eight lane freeway with a 218-foot width. Currently, SR 99 at this location exists as a six-lane facility at 190 feet. Buildings should be set back at least 15 feet from the future property line. For orderly development. 12. Prior to issuance of a building permit, developer shall pay a major transportation facility fee in the amount of $0.35 per square foot for commercial and/or $2487 for residential dwelling unit, whichever applies. If prior to issuance of a building permit said fee is merged into the regional TIF program then payment of the regional TIF fee will be deemed to have satisfied the intent of this condition. This fee is a component of the City Council approved action plan to pursue funds needed to complete construction of major transportation facilities to serve growth and development within Metropolitan Bakersfield. Mitigation for potentially significant traffic impact. 13. 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. Page 4 of 5 EXHIBIT A GPA/ZC No. 08-1036 Mitigation/Conditions of Approval 14. Access to the project area from a regularly maintained City street must be provided. Prior to or concurrently with an application for Subdivision (or next development application ex: LLA/PMW/SPR) submit an access plan acceptable to the City Engineer. With the development of the project area, approved, improved access to the site must be provided. The required improvements shall outlined in the access plan, but at a minimum they shall be 32 feet of paving meeting City design standards for a local road, 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 and post security for the purchase and improvement of said right of way. For orderly development. 15. 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 Tables 7 and 8 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 from the study as follows: a. Wible Rd & McKee Rd, Add 1 EBL, 1 WBL, 1.4% share b. South H St 8~ McKee Rd, Add 1 EBL, 1 EBT, 1 WBL, 1 WBT, 0.51 % share c. Wible Rd & Taft Hwy (SR 119), Add 2 NBL, 2NBT, 1 NBR, 0.29% 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 Mitigation for potentially significant traffic impact. 16. Regional Transportation Impact Fee: Pay the standard commercial fees, computed per policy, as adopted at time of development. Mitigation for potentially significant traffic impact. City Attorney: 17. 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. a. 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. b. 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. CG:S:\GPA 3rd 2008\08-1036\Conditions Ex A.doc Page 5 of 5 Exhibit B General Plan Amendment Map ~ a c ~I ~ to ~ J a a a fn ~ ~ ~ ~ ~ -~ a ~a fn C ~ ° o = ~ ~i ~ ~ J W . a~ ~~ ~ J N ~~ m a=a ~ ~ ~ ~ Z ~ p ~ ~o o 0 ~ J a ~ M~ O. 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