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Home My WebLink AboutRES NO 021-02RESOLUTION NO. 0'2 1 ' 0,~ RESOLUTION MAKING FINDINGS ADOPTING A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT NO. P01-0326 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 6) 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 17, 2001, and THURSDAY, December 20, 2001, on the proposed General Plan Amendment No. P01-0326 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, 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, such GPA No. P01-0326 ofthe proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P01-0326: William Gammon has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes as follows: Land Use Designation Amendment from ER (Estate Residential) to LR (Low Density Residential) on 111.73 acres located generally along the west side of Stine Road, north of Taft Highway to McKee Road; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and therefore, a Negative Declaration was prepared for the project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No.159-01 on December 21, 2001, the Planning Commission recommended approval and adoption of a portion of General Plan Amendment No. P01-0326 subject to conditions and mitigation measures listed in Exhibit "A" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; 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 6, 2002, on the above described General Plan Amendment No. P01-0326 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, 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 City Council has considered the proposed project and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the City Council, incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. P01-0326 is recommended for approval by the Planning Commission. That this project was the subject of a Negative Declaration and the entire environmental record is hereby adopted and incorporated herein by reference. That a portion of the requested General Plan Amendment P01-0326 to amend the Metropolitan Bakersfield 2010 General Plan was recommended for approval by the Planning Commission from ER (Estate Residential) to LR (Low Density Residential) on 111.73 acres with mitigation measures and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the proposed development. 7. The project site is being annexed to the City of Bakersfield. File the Notice of Determination. Upon approval and adoption of the project, the Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. As to General Plan Amendment No. P01-0326 the Planning Commission's recommendation to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations from, ER (Estate Residential) to LR (Low Density Residential) on 111.73 acres, generally located north of Taft Highway to McKee Road and along the west side of Stine Road, subject to mitigation and conditions of approval. 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. 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. The Negative Declaration for General Plan Amendment No. P01-0326 is hereby approved and adopted. Page 2 The City Council hereby approves and adopts General Plan Amendment No. P01- 0326 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting of changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located along the west side of Stine Road, generally between Taft Highway and McKee Road, subject to conditions of approval shown on Exhibit That General Plan Amendment No. P01-0326, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. ......... 000 ........ 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 FEB by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON,'~,SALVAGGIO COUNCILMEMBER COUNCILMEMBER ~O~c--...- COUNCILMEMBER ,'% ~-{ L_L.. i t./A ~ CITY CLERK and Ex Officio C.~rk of the Council of the City of Bakersfield MORE SIGNATURES ON NEXT PAGE Page 3 APPROVED F~IB 6 Z00Z MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY BY: VIRGINIA~NNA. J~ Deputy City Attorney II MO: S:\GPA 4th Qtr 2001\P01~326\Resolutions\cc , RGPA.wpd Page 4 EXHIBIT A Conditions-Mitigation Measures General Plan Amendment/Zone Change No. P01-0326 Archaeoloqical Resources: No archaeological resources were identified on the site. However, if archaeological resources are encountered during the course of land modification and/or construction, then activities in the immediate area shall halt and a qualified archaeologist shall be consulted for further evaluation. Any recommendations from the qualified archaeologist shall be preformed prior to resuming construction. (Mitigation Measure) Water Resources: The property owner shall annex the site to the City of Bakersfield or the developer/property owner shall sign a covenant stating that they will not oppose annexation proceedings for the site prior to receiving City water service. The annexation or covenants to that effect must be executed and submitted to the City prior to recordation of any subdivision map. (Mitigation Measure) The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m, per acre in excess of 2500 g.p.m, or equivalent facilities. (Mitigation Measure) Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. (Mitigation Measure) City fees for inspection of installation of water facilities are currently calculated at four (4%) percent of the estimated construction costs of the in-tract water facilities. In addition, a $10.00 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the City by the land ownefldeveloper within thirty (30) days of invoice. (Mitigation Measure) Prior to final recordation of any map for subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code Section 14.04.120(B) and set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of this date, the fees are set at $ 2,000.00 per gross acre. This project site contains approximately 111.73 acres, therefore, fees due are $ 223.460.00. However, the fees may be paid upon further subdivision or phasing of a tract. A "Domestic Water Service" agreement must be signed by the landowner after City annexation proceedings begin and recordation of a map for subdivision. (Mitigation Measure) GPNZC P01-0326 Condition-Mitigation Page 2 The City will also require the installation of transmission water mains to be extended from existing City water facilities located on Stine Road just south of Ridgeview High School to the project site. The purpose of this is to eliminate a satellite domestic water system. The City Water Resources Department will endeavor to work with the developer/property owner of the project site in the phasing of the development, but looping existing facilities is an important component of the design. The developeflproperty owner shall work with the City Water Resources Department in this endeavor. (Mitigation Measure) A lot is necessary within the proposed subdivision for the purposes of drilling and equipping a domestic water well facility. Before acceptance of a lot, a full enviornmental and hazardous materials review (surface and subsuface soils) must be conducted. Property for the deepwell site is to be dedicated or may be purchased by the City. This land transaction must be conducted prior to the recoding of any tentative tract/parcel map for the project site. The lands may be included as part of other City facilities, such as City of Bakersfield parks, storm drain sumps, etc. (Mitigation Measure) All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City. Plans and specifications for such water mains and appurtenances shall be prepared by or approval of plans for installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. (Mitigation Measure) Public Works: 10. A traffic study was prepared by Pinnacle Engineering for the subject General Plan Amendment/Zone Change P01-0326 application. The study found that under future conditions, with the proposed increased land use density, the improvements provided in the current Regional Impact Fee Program will be sufficient to mitigate impacts. Based upon the findings of the study, all development in the General Plan Amendment area will be subject to the current Regional Traffic Impact Fee in place at time of development. (Condition) 11. Off-site dedication and construction will be required on Stine Road, north of Taft Highway at the time of development/subdivision. (Condition) 12. Whenever any road cresses any canal within this project area, the developer/applicant shall construct the culvert, bridge, etc. full width to the ultimate width of the roadway within the project area, at the time of development/subdivision. (Condition) 13. If the rrigation ditch, along the west side of Stine Road, will be within the ultimate of way of Stlne Road, then the applicant shall relocate and/or pipe the exlstlng:t~lgatlon ditch. An irrigation line will not be allowed in the road right-of-way, but must b,~.~located, GPNZC P01-0326 Condition-Mitigation Page 3 14. 15. 16. outside the right-of-way in the landscape easement or on private property. (Condition) With the first tentative map submittal, site plan review, application for a lot line adjustment, or other development approval within the General Plan Amendment/Zone Change area, submit a comprehensive sewer study to be submitted to and approved by the City Engineer to show that the entire area can be served by gravity flow lines. provide fully executed offers of dedication for McKee Road to collector standards and Stine Road to arterial standards for the full frontages of the area within the 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. submit a comprehensive drainage study to be reviewed and approved by the City Engineer. Drainage areas for retention basins are normally not less than 80 acres. There shall be no more than 2 retention basins allowed for this GPNZC area. The approved drainage study/plan shall ensure development does not exceed this total Any required retention basin sites and necessary easements shall be offered for dedication to the City. (Condition) Access to 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 points (streets or drives) 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 atthe site entrance. Said signal will only be permitted ifa signal synchronization study is submitted and approved, which shows progression is not adversely affected. (Condition) In addition to the payment of the current Regional Traffic Impact Fee, the applicant shall pay his share of the overhead bridge widening at the intersection of Taft Highway (State Route 119) and Freeway 99. This local mitigation fee of $1,500 per dwelling unit will be required, at the time of issuance of a building permit for each dwelling unit. This improvement is not included in the Regional Facilities List for the regional impact fee. However, should this improvement be added to the Regional Facilities List, then the applicant's payment of the Regional Traffic Impact Fee would fulfill this condition. (Condition). S:\GPA 4th Qb' 2001\P01-0326\Staff Report,Admin\Cond-Mit Ex A.wpd EXHIBIT B GENERAL PLAN AMENDMENT P01-0326