HomeMy WebLinkAboutRES NO 190-02190-02
RESOLUTION NO.
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT NO. 02-0609 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT AND
CIRCULATION ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN. (Ward 4).
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 16, 2002, and THURSDAY, September 19, 2002, on General Plan Amendment No. 02-
0609 of a proposed amendment to the Land Use Element and Circulation Element of the 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 General Plan Amendment No. 02-0609 of the proposed amendment to the
Land Use Element and Cimulation Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
General Plan Amendment No. 02-0609:
Soper Homes, Inc. has applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan consisting of changes from R-IA
(Resource-Intensive Agriculture) to SR (Suburban Residential) on 20 acres. The
project site is located at the southwest corner Brimhall Road and Jenkins Road.
Also, an amendment to the Circulation Element of the Metropolitan Bakersfield
2010 General Plan to delete Jenkins Road as a Collector designation south of
Brimhall 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 a
Negative Declaration with mitigation was prepared; 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. 116-02 on September 19, 2002, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 02-0609 subject to
conditions and mitigation 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,
November 6, 2002, on the above described General Plan Amendment No. 02-0609 of the proposed
amendment to the Land Use Element and Circulation 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 Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
2. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
3. That the Negative Declaration for General Plan Amendment No. 02-0609 is hereby
recommended for approval.
The General Plan Amendment 02-0609 is hereby approved as recommended by
staff to change the land use designation to the SR (Suburban Residential)
designation on 20 acres and to delete Jenkins Road south of Brimhall road as a
collector as requested by the applicant with mitigation measures adopted in the
Negative Declaration 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 development.
As to General Plan Amendment 02-0609 the recommended amendment to the Land
Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General
Plan, consisting of changes to the land use designation from R-IA (Resource-
Intensive Agriculture) to SR (Suburban Residential) on 20 acres, and to delete
Jenkins Road south of Brimhall Road as a collector segment, as requested by the
applicant and shown on attached map in Exhibit "B", generally located at the
southwest corner of Brimhall Road and Jenkins Road, the Planning Commission
hereby recommends adoption of such Land Use Element Amendment and
Circulation Element Amendment of the Metropolitan Bakersfield 2010 General Plan,
subject to mitigation and conditions of approval shown on Exhibit "A", and
recommend same to City Council.
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 Negative Declaration for General Plan Amendment No. 02-0609 is hereby
approved and adopted.
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 City Council hereby approves and adopts General Plan Amendment No. 02-
0609 of the proposed amendment to the Land Use Element and Circulation Element
of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown
on the map marked Exhibit "B", attached hereto and incorporated as though fully set
forth, for property located at the southwest corner of Brimhall Road and Jenkins
Road, subject to conditions of approval shown on Exhibit "A".
That General Plan Amendment Case No. 02-0609, approved herein, be combined
with other approved cases described in separate resolutions, to form a single
Amendment to the Metropolitan Bakersfield 2010 General Plan.
This Resolution shal~ not become effective until November 20, 2002, at such time as
other General Plan Amendments are reviewed by the City Council of the City of
Bakersfield.
......... 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 N0¥ 6 200;~ by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER C RSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER r,~E:~ ~
NOV 6 Z00Z
APPROVED
CITY CLERK and Ex Officio ~erk of the
Council of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney~/~
By:
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S:\GPA 3rd Qlr 2002\02-0609\Res\res, Circu Land Use gpa cc.doc
EXIHIBIT A
Conditions of Approval
EXHIBIT A
Conditions and Mitigation Measures
General Plan Amendment/Zone Change No. 02-0609
Cultural Resources:
If human remains are discovered at any time on the project site, work shall halt and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code).
In the absence of an archaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. If any other archaeological artifacts are discovered
during site development, all work shall stop until the find has been evaluated by a qualified
archaeologist or historian. (Mitigation Measure).
Public Works:
Prior to submittal of a development plan, subdivision map, or application for a parcel map
waiver, lot line adjustment, or parcel merger, submit to the City Engineer for his review and
approval the following:
2.2
provide a drainage plan that consolidates drainage from this site and the adjacent
development to the west.
2.3
fully executed offers of dedication for Brimhall Road to arterial standards, and, should
the Circulation Element Amendment not be approved and Jenkins Road remain a
collector, then also submit fully executed offers of dedication for Jenkins Road to
collector standards, including expanded intersections. (Mitigation Measure).
With development or division of the property adjacent to Brimhall Road, pay median island fees.
(Mitigation Measure).
There shall be no access to Brimhall Road. Access to development or division shall be from the
collector or local streets. (Mitigation Measure).
The entire area covered by the 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, subdivision map, site plan review,
or application for a lot line adjustment for any portion of this GPA area. (Mitigation Measure).
6. Development within this General Plan Amendment area
6.1 will be subject to the adopted Regional Traffic Impact Fee.
6.2
will pay its share of the Brimhall Road trunk sewer fee. The fee shall be paid prior to
recordation of a final map, final parcel map, or certificate of compliance. (Mitigation
Measure).
7. Brimhall Road and Jenkins Road shall be constructed with the first development. (Mitigation
Measure).
Exhibit A
Conditions/Mitigation
GPA/ZC 02-0609
Page 2
As a result of a neighborhood meeting and comments received, staff has developed the
following conditions:
8.1
For fire safety and circulation reasons, them must be at least one access point from the
General Plan Amendment/Zone Change area onto Jenkins Road. However, no more
than one access will be allowed onto Jenkins Road.
8.2
The access point shall be located north of Appaloosa Avenue and shall not line up with
Appaloosa Avenue.
8.3
If the Circulation Element amendment is approved and Jenkins Road becomes a local
street, then a turn restrictor acceptable to the City Engineer shall be constructed at the
intersection of Jenkins Road and the new street from the General Plan
Amendment/Zone Change ama, restricting the turn movements to right-in and left-out
only. No right-turns will be allowed out of the General Plan Amendment/Zone Change
ama. This restrictor will minimize the possibility of "cut-through" traffic on Appaloosa
Avenue. (Public Works Condition)
Vaughn Water Resources:
Based on the information available on August 8, 2002, Vaughn Water Company is capable of
supplying water for fire protection, in accordance with the requirements set forth by the Kern
County and/or City of Bakersfield Fire Departments. The potable water quality supplied to the
Vaughn Water Company users meets the State and County standards. (Condition by Vaughn
Water).
10.
The developer of the site shall enter into a Tract Agreement with Vaughn Water Company to
provide for, among other things, payment for all costs connected with supplying the
development with water. The developer shall advise the Water Company at least three weeks
prior to proceeding, in order to provide the developer with the form of Tract Agreement for
execution. Pursuant to the Tract Agreement, the developer's contractor, which is approved by
the Water Company, would install the system under conditions specified in the Tract Agreement.
In order to receive water service from Vaughn Water Company, under no conditions may water
service construction begin until the Agreement is fully executed and the developer has met the
conditions specified in the Tract Agreement. (Condition by Vaughn Water).
11.
As specified in the Tract Agreement, a licensed civil engineer which is acceptable to the Water
Company would, on behalf of the developer, prepare the water plans and specifications. After
those plans and specifications have been approved by the Water Company's engineer and
general manager, they will be subject to further review and modification if construction is not
commenced pursuant to a Tract Agreement within six (6) months of approval of plans and
specifications. (Condition by Vaughn Water).
Exhibit A
Conditions/Mitigation
GPA/ZC 02-0609
Page 3
12.
13.
Technical Considerations
A) Connect a twelve inch (12") main line to the existing ten inch (10") main line in Brimhall
Road and run it to the south end of the proposed development.
B) Run a ten inch (10") main line west and connect it to the existing ten inch (10") line at the
end of Southport in Tract 6038.
C) Extend a twelve inch (12") main line east to Jenkins Road.
(Condition by Vaughn Water).
The proposed traffic "calming" device, traffic diverLer or equivalent at the proposed Medtage
Street and Jenkins Road (shown on attached) may be modified subject to the approval of the
traffic engineer. (Condition by City Council).
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