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HomeMy WebLinkAboutRES NO 061-13ut1 -13 RESOLUTION NO. RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED AT THE NORTHEAST CORNER OF NORIEGA ROAD AND RUDD AVENUE. (GPA /ZC NO. 13- 0006). WHEREAS, McIntosh & Associates for Black Ops Real Estate, III, filed an application with the City of Bakersfield Community Development Department requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from R -IA (Resource - Intensive Agriculture) to LR (Low Density Residential) on 40 acres located at the northeast corner of Noriega Road and Rudd Avenue (the "Project "); and WHEREAS, the City Council adopts a Negative Declaration for the Project; and WHEREAS, the Planning Commission held a public hearing on March 21, 2013, and approved Resolution No. 14 -13, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, May 15, 2013 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. WHEREAS, the proposal also includes the annexation of the site to the City of Bakersfield; 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 agricultural conversion proposals; and WHEREAS, the applicant submitted a Farmland Conversion Study for the project site that analyzed these 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 Quality The project site contains Kimberlina fine sandy loam soil, which, as classified by the United States Department of Agriculture Soil Conservation Service, is Class I irrigated with Storie Index 95. Therefore, the project site meets the California Land Conservation Act (G.C.§ 51201) and the Metropolitan Bakersfield General Plan standards for prime farmland classification. Implementation of the proposed,, project will result in a loss of approximately 40 acres of soil capability CIasbW 9�� Page 1 of 5 b ORIGWAL (irrigated agricultural land). The conversion of prime agricultural lands to urban uses will result in a reduction of the regional agricultural economy and is considered to be a significant adverse impact. A statement of overriding considerations for this impact was adopted by the City when the General plan was certified. With implementation of the mitigation measures listed in the Farmland Conversion Study (Section 5.0 Mitigation) the project would be considered an insignificant impact. 2) Availability of Irrigation Water The property has on -site water well. Water demands change when croplands are converted to urban uses. The proposed residential land uses will use an average of 300 gallons per day per residence. This equates to approximately 23 acre feet of water per year per residence. Therefore, the residential water use would be less than 1.5 percent of the current agricultural uses. As part of the proposed project, the developer may enter into an agreement with the City of Bakersfield to address various aspects of planning and development, including water facility development. 3) Proximity to non - agricultural uses The proposed site is adjacent to residential land use designations, which indicates that urban development within the project site is consistent with the City of Bakersfield General Plan and planned for this property. The proposed project is adjacent to properties designated LMR. Tract 6197 is adjacent to the east and Tentative Tract 6252 is adjacent to the south. Additional existing residential subdivisions continue to the south and east of the project site. Agricultural land use designation (R -IA) is adjacent to the north and west of the site. There are no agricultural uses along the southern or western property boundary since this area is being developed as single - family residential. 4) Proximity to intensive parcelization The impact of development of the project site on local growers is considered minimal due to restrictions and limitations that will inevitably be placed on the growers with the proximity of existing and planned urban developments. Although some agricultural lands nearby are currently producing agricultural crops, urban land use designation and existing and planned residential development projects for the area indicate that urbanization will occur in the area. The project site will be significantly and unavoidably affected by the close proximity of urbanized projects. Farming practices will be more restricted as to the manner of application and type of herbicides and pesticides that can be utilized in the vicinity of these urbanized areas. The project site, as well as others in the area, is the next logical step for urbanization in this area due to its land use designation and urban development near the property, and their significant impacts to the crop production. 5) Effects on properties subject to Williamson Act Land Use Contracts The Williamson Act Land Use Contract for the proposed project area is scheduled to expire on December 30, 2013. No adjacent properties are under Williamson Act land use contracts. Therefore, no impacts on properties subject to such contracts are expected. Page 2 of 5 o�`�'AK'qs y r U Q ORIGIJWL 6) Ability to be provided with urban services As part of the proposed project, the development may enter into an agreement with the City of Bakersfield to address various aspects of planning and development, including provisions of park land, trails, and open space, credits, infrastructure and public service financing, water facility development, subdivision mapping, vesting of rights, development by right, approval of subsequent applications, and other matters. The Development Agreement will contribute to orderly urban development of the project site and to the provision of adequate urban services. 7) Ability to affect the application of agricultural chemicals on nearby agricultural properties The level of significance of any impact on local growers resulting from development of the proposed project is considered minimal due to restrictions and limitations that will inevitable be placed on the growers with proximity of existing and planned urban developments. The project site is adjacent to residential uses to the east and south. It is suggested that a disclosure statement be included with the transfer of properties informing home buyers of the adjacent agricultural operations. 8) Ability to create a precedent - setting situation that leads to the premature conversion of prime agricultural lands The proposed project is not expected to create a precedent- setting situation that leads to the premature conversion of prime agricultural lands. The land use for the proposed project area is anticipated to be within the urban build -out area of the Metropolitan Bakersfield General Plan. Current land use designation of the subject properties to the north, south and west of the project demonstrates that the project is along the logical path of urban development. 9) Demonstrated proiect need The General Plan projects the population of the plan area to be 520,500 in the Year 2020. Population growth will result in the need for approximately 37,000 housing units. The project intends to create a high quality residential development that provides needed housing stock for the rapidly growing Bakersfield community. Substantial existing and planned urban development on properties adjacent and near the proposed project site indicates that this site is on the logical path of development. The Metropolitan Bakersfield General plan encourages the outward expansion of new urban development that maintains continuity of existing development and allows incremental expansion of infrastructure and public services. The proposal complies with the General Plan's criteria. 10) Necessity of buffers such as lower densities, setback, etc. Buffers essentially create a separation between agricultural and urban uses, which minimize negative impacts on both sides of an edge boundary. Agricultural buffers come in different forms, natural barriers created by landscape features such as waterways, roads, landscaping, walls, residential setbacks, open space greenbelts and combinations of various types. Key issues in their design and creation are their permanence, maintenance, and which of the landowners (developer /homeowner or farmer) will provide the land or barrier. The project site is adjacent to agricultural uses to the north and west. Rudd Avenue (future West Beltway) will act as a buffer gAKF Page 3 of 5 i-- m v ORIGINAL along the west boundary of the site. The future development of the site is not proposing the creation of additional buffer zones. However, compliance with the City of Bakersfield Zoning and Subdivision Ordinances will guarantee that adequate buffers are provided to avoid conflict between agricultural and residential uses. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 14 -13 are hereby adopted. 2. The Project is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 3. The Project approved herein is hereby made part of the 2nd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2013 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- O AIQ Page 4 of 5 0 9�Po U � OR1Gd� HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on MAY 15 2013 , by the following vote: /�> COUNCILMEMBER MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON COUNCILMEMBER ABSTAIN: COUNCILMEMBER 1n(` ABSENT: COUNCILMEMBER 4 ". '4" ROBERTA GAFFORD, CM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield A DDD/NX /Cr, MAY 15 2013 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att ey By: AN REW HEGLUND Deputy City Attorney Exhibits: A Mitigation Measures /Conditions of Approval B General Plan Amendment Map By: DL \ S: \GPAs \GPA 1st 2013 \13 - 0006 \ResOrd \RES CC Resolution GPA.doc Page 5 of 5 � gAKFy Fn U r- C. � ORIGINA, Exhibit A Mitigation Measures & Conditions of Approval o�`0AKF9.� s v o ORIGINAL EXHIBIT A MITIGATION MEASURES & CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 13 -0006 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality and Green House Gas Mitigation Measures 1. 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 air quality and green house gas impacts. Agricultural Impact Mitigation Measures 2. Prior to issuance of a grading or building permit for urban development, or support facilities as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss of net acreage of agricultural lands, on a one -to -one basis, by selection one or more of the items described below. Net acreage is to be calculated based on the exclusion of existing roads, proposed beltways, freeways, and arterial roads. The applicant shall submit written verification of the applicant's compliance with this mitigation measure to the Planning Director's satisfaction. Compliance with this condition may be phased as the project is developed. The net acreage of agricultural land to be mitigated shall be equal to the amount of land being developed as each phase is developed. a. Funding and /or purchase of agricultural conservation easements. Such easements shall be accepted or purchased and monitored and enforced by a land trust or another appropriate entity. Funds may be used for easement purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. b. Contribution of agricultural land or equivalent funding to an organization that provides for the preservation of farmland in California. Funds may be used for purchases, ongoing monitoring and enforcement, transaction costs, and reasonable administrative costs. c. Purchase of credits from an established agricultural farmland mitigation bank approved by applicable governmental authority. Mitigation for agricultural impacts. 3. During the life of the Project, if the City of Bakersfield or other responsible agency adopts an agricultural land mitigation program that provides equal or more effective mitigation than measures listed above, the applicant may choose to participate in that alternative program to mitigate loss of agricultural land impacts. Prior to participation in the alternate program, the applicant shall obtain written approval from the City of Bakersfield agreeing to the participation, and the applicant shall submit written verification of compliance witpp KF9 the alternate program at the same time described above in the first paragraph. o sT i-- m V r-- O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 13 -0006 Page 2 Agricultural land used for mitigation shall be of at least equal agricultural classification as the land being converted or be capable of being developed as such; that is, mitigation land shall be classified or developed as Prime Farmland, Farmland of Statewide Importance, etc., (as established by the California Department of Conservation in the Farmland Mapping and Monitoring Program), the mitigation acreage being at least equivalent in classification to the converted land, or being capable of producing the same or equivalent crops as the land being converted. Completion of the selected mitigation measure, or with the Planning Director's approval, a combination of the selected mitigation measures can be on qualifying agricultural land within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings, Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or equivalent crops can be produced on the mitigation land. Mitigation for agricultural impacts. 4. If adjacent properties are utilized for agricultural proposes and /or have not receive entitlements for development at the time of development on the subject property, then a covenant shall be recorded on all residential lots disclosing their proximity to agricultural uses and any associated effect on their property. Such proof shall be submitted to the Planning Director prior to recordation of final subdivision maps within the GPA area. Mitigation for agricultural impacts. Biological Impact Mitigation Measures 5. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (META) of 1918 U. S. C. 703 -711). The MBTA makes it unlawful to take, posses, 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 Wildlife 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 biological impacts. 6. 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 Wildlife. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Plannino� A /(e. Department prior to ground disturbance. ORIGM& Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 13 -0006 Page 3 The current 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 Wildlife Department. Mitigation for biological impacts. Mitigation to Reduce Impacts to Kit Foxes and Other Animals during construction_ activities: 7. A preconstruction clearance survey shall be conducted not more than 30 days prior to ground disturbance to search for sensitive species or fox dens. This survey shall be conducted in accordance with accepted USFWS and CDFW protocols. Any sensitive species or occupied den or burrow subsequently identified shall be reported in accordance with agency requirements. Mitigation to reduce biological impacts during construction activities. 8. All employees, contractors, or other persons involved in the construction of the project shall attend a "tailgate" session informing them of the biological resource protection measures that will be implemented for the project. The orientation shall be conducted by a qualified biologist and shall include information regarding the of the protected species, reasons for special status, a summary of applicable environmental law, and measures intended to reduce impacts. Mitigation to reduce biological impacts during construction activities. 9. To minimize temporary disturbances, all project - related vehicle traffic shall be restricted to established roads, construction areas, and other designated areas. These areas shall also be included in preconstruction surveys and, to the extent possible, shall be established in locations disturbed by previous activities to prevent further impacts. Mitigation to reduce biological impacts during construction activities. 10. Project - related vehicles shall observe a 20 -mph speed limit in all project areas during construction, except on county roads and State and Federal highways; this is particularly important at night when kit foxes are most active. To the extent possible, night -time construction shall be minimized. Off -road traffic outside of designated project areas shall be prohibited. Mitigation to reduce biological impacts during construction activities. 11. Excavations shall either be constructed with escape ramps or covered to prevent entrapment of kit foxes or other animals. All trenches or steep - walled excavations greate�AKF than two feet deep shall include escape ramps to allow wildlife to escape. Eq�h 9� f- m U r- O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 13 -0006 Page 4 excavation shall contain at least one ramp, with trenches containing at least one ramp every ' /4 mile. Slope of ramps shall be no steeper than 1:1. Mitigation for biological impacts. 12. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will be inspected prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. If a kit fox is discovered inside a pipe, a qualified biologist shall be consulted for further action notification. If necessary, and under the direct supervision of the biologist, the pipe may be moved once to remove it from the path of construction activity, until the fox has escaped. Mitigation for biological impacts. 13. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting kit fox or other animals. Mitigation to reduce biological impacts during construction activities. 14. No firearms shall be allowed on the project site. Mitigation to reduce impacts during construction activities. 15. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets shall be permitted on the project site. Mitigation to reduce biological impacts during construction activities. 16. Use of rodenticides and herbicides in project areas shall be restricted. This is necessary to prevent primary or secondary poisoning of kit foxes and the depletion of prey populations on which they depend. All uses of such compounds shall observe label and other restrictions mandated by the U. S. Environmental Protect Agency, California Department of Food and Agriculture, and other State and Federal legislation, as well as additional project - related restrictions deemed necessary by the Service. If rodent control must be conducted, zinc phosphide shall be used because of proven lower risk to kit fox. Mitigation for biological impacts. Cultural Impact Mitigation Measures: 18. 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 cultural impacts. gAKZr 19. Prior to ground- disturbance activities associated with this project, personnel associates '� with the grading effort shall be informed of the importance of the potential cultural *d n U O ORIGINAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 13 -0006 Page 5 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 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 cultural impacts. Traffic Impacts: 20. The development is required to pay into the adopted Phase IV Regional Traffic Impact Fee fixed rate program. For traffic impacts. CONDITIONS OF APPROVAL: Public Works: 21. 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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, than these conditions can be met with the map): a. Provide fully executed dedication for Noriega Road to collector standards for the full frontage of the area within the GPA request, Jhana Lane to local standards within the northeast corner area of the GPA request and the West Beltway (Rudd Avenue) to freeway standards based on the specific plan line adopted by the City of Bakersfield and the County of Kern for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; this sump should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA /ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. eAK c. The GPA /ZC area is within the North of the River Sanitary District No. 1. Sewer serviced F9u, this area must conform to the NORDS's adopted Sewer Study, and construction---'of m U r OR/G/NAL Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 13 -0006 Page 6 sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right of way shall require an Open Street Permit and be per the City of Bakersfield. 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 stage. For orderly development. 22. 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. 23. Prior to the issuance of building permits, the project applicant shall participate in the RTIF program by paying the adopted commercial and residential unit fees in place for the various land use types at time of development. For traffic impacts. Planning Department: 24. If adjacent properties are utilized for agricultural proposes and /or have not receive entitlements for development at the time of development on the subject property, then a covenant shall be recorded on all residential lots disclosing their proximity to agricultural uses and any associated affect on their property. Such proof shall be submitted to the Planning Director prior to recordation of final subdivision maps within the GPA area. For orderly development. 25. Prior to recordation of a final map, the subdivider shall provide the Planning Department written proof /verification from North of the River Recreation and Park District that said project is within the NOR Park Maintenance District. North of the River Recreation and Park District requested condition for orderly development. City Attorney: 26. 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 and boards ( "City" herein) against any and ak sAKF9 liability, claims, actions, causes of action or demands whatsoever against them, or any them, before administrative or judicial tribunals of any kind whatsoever, in anyway arising ©RIGINA' Fn Exhibit A Mitigation Measures & Conditions of Approval GPA /ZC 13 -0006 Page 7 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 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. DL \S: \GPAs \GPA 4th 2012 \12 - 0373 \AdminSR \Exhibit A.doc tn � m U O ORIGINAL Exhibit B General Plan Amendment location Map o� BAKFg U +^ .fj ORIGINAL 0 i M T Z 5W G Z SW G Z J J Q W Z W C� w en KF9 m r- QHIUINAL