HomeMy WebLinkAboutRES NO 024-03RESOLUTION NO. ~ "0 ~
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT 02-0976 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN.
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,
JANUARY 13, 2003 and THURSDAY, JANUARY 19, 2002 on General Plan Amendment
02-0976 of a proposed amendment to the Land Use 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 California_n, a local newspaper of general circulation;
and
WHEREAS, such General Plan Amendment 02-0976 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment 02-0976
Towery Homes is requesting an amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan changing the land use designation from GC
to LR on 5.88 acres located along the southwest corner of Jewetta Avenue and Reina
Road.
Applicant is also requesting deletion of "condition number 3" and "mitigation measure
number 2" of Resolution Number 162-91, General Plan Amendment 2-91 Segment Ill on
73.79 acres along the south side of Reina Road, the west side of Jewetta Avenue,
adjacent to and contiguous with the GC to LR 5.88 acre site located along the southwest
corner of Jewetta Avenue and Reina Road. "Condition number 3" and "mitigation
measure number 2" are as follows:
Condition Number 3
With the first subdivision/development within the project area, the subdivider shall
construct the full half width of the west side of Jewetta Avenue between the south
boundary of the project and Reina Road plus one-half of a landscape and irrigated
median island and two paved travel lanes on the east side of Jewetta Avenue, the south
half of Reina Road between the west boundary of the project and Jewetta Avenue, and
the east half of Old Farm Road from the south boundary of the project to Reina Road.
Appropriate pavement transitions shall also be required.
A reimbursement agreement will be allowed for the construction of the two travel lanes
on the east side of Jewetta Avenue outside the project boundary.
Mitiqation Measure Number 2
No more than 231 (or 220 + 5%) single family residential units shall be allowed on final
subdivision maps for the 73.79 acre residential site.
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. 19-03 on January 16, 2003, the Planning Commission
recommended approval and adoption of General Plan Amendment 02-0976 subject to
conditions, mitigation measures listed in Exhibit "1" and this Council has fully considered the
findings made by the Planning Commission as set fodh 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 26, 2003 on the above described General Plan Amendment
02-0976 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 Council has considered and hereby makes the following findings:
2.
3.
4.
5.
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
The proposed project will not have a significant effect on the environment.
The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the State of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's
decision to prepare a Negative Declaration for this project.
7. This resolution will not go into effect until February 26, 2003.
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 02-0976 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
02-0976 of the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on
the map marked Exhibit "2", attached hereto and incorporated as though fully set
forth, and deleting Condition No. 3 and Mitigation Measure No. 2 as shown on
Exhibit No. "3" (Resolution No. 162-91, Exhibit A), attached hereto and
incorporated as though fully set forth, for property generally located along the
southwest corner of Jewetta Avenue and Reina Road subject to mitigation
measures/conditions of approval shown on Exhibit "1".
That General Plan Amendment 02-0976, approved herein, be combined with
other approved cases described in separate resolutions, to form a single Land
Use Element Amendment.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
FEB ! 2 ~003 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER C?~L~C.H.~,CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~
COUNCILMEMBER tU'4;3..¢,-~.
PAMELA A. McCARTHY, CMC/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB 1~ 2003
HARVEY L. HALL ?" '
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney
EXHIBIT "1"
MITIGATION MEASURES/CONDITIONS OF APPROVAL
General Plan Amendment/Zone Change 02-0976
Conditions
Public Works
1. The phasing of frontage improvements within the entire GPA/ZC area is to be
balanced with respect to the acreage of the GPNZC area being subdivided. These
frontage improvements (including but not necessarily limited to curb & gutter, street
paving, sidewalk, street lights, landscaping, masonry wall) include full improvements for
the west half of Jewetta Avenue from the south boundary of the original GPA/ZC area to
the intersection of Reina Road, including construction of the landscaped median or
payment of median fees; the south half of Reina Road from Jewetta Avenue to Old Farm
Road; and the east half of Old Farm Road. The frontage improvements shall also
include any pavement transitions necessary. Therefore, in order to promote orderly
development, all areas within the original GPA/ZC area shall be responsible for an equal
dollar amount of frontage improvement per acre. Prior to recordation of a final map for
any phase of any subdivision that does not construct its share of these improvements,
the difference between the cost of the frontage improvements constructed and the phase
share shall be placed into an escrow account. The money deposited in this account
would be for the use of the developer of any future phase responsible for more than its
share of improvements. The final per lot share will be based upon an approved
engineer's estimate. In lieu of the use of an escrow account, the developer may choose
to construct with each phase its proportionate share of the frontage improvements, with
approval of the City Engineer.
GC to LR on 5 acres
2. Development on the site shall be subject to the Traffic Impact Fee schedule in
effect at the time of issuance of building permits. This proposal will result in an overall
decrease in trip generation from previously approved entitlements; the fee program
improvements mitigate impacts of the existing densities and therefore will do so with the
proposed reduced densities.
3. 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 Consolidate Maintenance District with submittal of any development plan, tentative
subdivision map, Site Plan Review, or application for a lot line adjustment for any portion
ol this GPA area.
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EXHIBIT "3"
RESOLUTION NO. ~ 6 2 - 9 1
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND APPROVING SEGMENT
III OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN (LAND USE ELEMENT AMENDMENT
2-91).
WHEREAS, the Council of the City of Bakersfield
referred Segment III of a proposed amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan to the
Planning Commission; 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 June 20, 1991,
on Segment III of a proposed amendment to the Land Use Element of
the General Plan, notice of the time and place of hearing having
been given at least ten (10) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, such Segment III of the proposed amendment to
the Land Use Element of Metropolitan Bakersfield 2010 General
Plan is as follows:
SEGMENT III:
BATEY DEVELOPMENT has applied to amend the
Land Use Element o[ the Metropolitan
Bakersfield 2010 General Plan consisting of a
change from RI-A (Resource Intensive-
Agriculture) to LR (Low Density Residential)
on 73.79 acres and GC (General Commercial) on
6.15 acres located at the southwest corner of
Reina Road and gewetta Avenue;
and
WHEREAS, for the above-described Segment, 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 ]aw and regulations relating to the
preparation and adoption oi Negative Declarations as set iorth in
CEQA and City of Bakersiield Resolution No. 107-86 have duly
followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 45-91 on June 20, 1991, the
Planning Commission recommended approval and adoption o£ Segment
III subject to conditions listed in Exhibit "A" and this Council
has fully considered the findings made by the Planning Commission
as set forth in that Resolution; and
WHEKEAS, 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
14, 1991, on the above described Segment III 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.
NOW, THEKEFORE, 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 findings of the Planning Commission, set forth
in Resolution 45-91, are true and correct.
3. The Negative Declaration for Segment III is hereby
approved and adopted.
4. The report of the Planning Conunission, including
maps and all reports and papers relevant thereto, transmitted by
the Secretary of the Planning Con%mission to the City Council, is
hereby received, accepted and approved.
5. The proposed General Plan Amendment would not have
a significant adverse effect on the environment.
6. Public necessity, convenience, general welfare and
good planning practices justify the proposed General Plan
A~endment.
7. The proposed General Plan Amendment will be
compatible with future development in surrounding areas and
development on the project area.
2
8. The City Council hereby approves and adopts Segment
III of the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan, constituting changes
as shown on the map marked Exhibit "C", attached hereto and
incorporated as though fully set forth, for property generally
located at the southwest corner of Reina Road and Jewetta Avenue,
subject to conditions of approval shown on "A" and mitigation
measures in Exhibit "B".
9. That Segment III, approved herein, be combined with
other approved segments described in separate resolutions, to
form a single Land Use Element Amendment, GPA 2-91.
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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 AUG 1 4 }9§~ by
the following vote:
AYI~S COUNCILMEMBERS EDWARDS, DeMOND. sM(TH, 8RUNNI, pETERSON, McDERMOTT. SALVAGP~IO
NOES; COUNCILMEMBERS:
~SENT COUNCILMEMBERS
ABSTAIN COUN~EMBERS
CITY CLERK and Ex OYfic'
Council of the City of Bakersfield
APPROVED AUG 1 4 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
· LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
a:ccR.s3
4
EXHIBIT "3" (cont.)
General
EXHIBIT "A"
Plan Amendment 2-91, Segment
Conditions of Approval
III
Prior to further subdivision or development, the developer
shall either pay to the City fees or enter into an agreement
with the City and post approved security to guarantee his
proportionate share of future signals in the project area
impacted from the potential increase in trip generation
between the proposed land use and the existing land use.
The signals and the developers proportionate share are as
follows:
Jewetta Ave. at Reina Rd. $ 37,200
Jewetta Ave. at Noriega Rd. $ 30,000
Allen Rd. at Kratzmeyer Rd. $ 30,000
Jewetta Ave. at Kratzmeyer $ 9,600
Jewetta Ave. at Hageman Rd. $ 7,200
(31% of $120,000)
(25% of $120,000)
(25% of $120,000)
( 8% of $120,000)
( 6% of $120,000)
TOTAL = $114,000
2 o
Maximum amounts. Actual amounts to be determined by the
City Engineer after review of traffic report addendum.
Said agreement shall require that payment be made to the
City upon demand at the time funds are required for signal
construction.
Offers of dedication will be required to allow for the
construction of the entire portion of Jewetta Avenue within
the project area arterial standards and the entire portions
of Old Farm Road and Reina Road within the project area to
collector standards. Such offers shall include sufficient
widths for expanded intersections and additional areas £or
landscaping as directed by the City Engineer. The right-of-
way width of a standard arterial is 110 feet of landscaping
behind the combination sidewalk. The offers of dedication,
fully executed, shall be submitted to the City prior to
development or recordation of any subdivision map or
certificate of compliance within the GPA area.
With the first subdivision/development within the project
area, the subdivider shall construct the full-half width of
the west side of Jewetta Avenue between the south boundary
of the project and Reina Road plus one-half of a landscape
and irrigated median island and two paved travel lanes on
the east side of Jewetta Avenue, the south half of Reina
Road between the west boundary of the project and Jewetta
Avenue, and the east half of Old Farm Road from the south
boundary of the project to Reina Road. Appropriate pavement
transitions shall also be required.
EXHIBIT "3" (cont.)
Exhibit "A'
Page 2
4 o
A reimbursement agreement will be allowed for the
construction of the two travel lanes on the east side of
Jewetta Avenue outside the project boundary.
This area may be served by the City of Bakersfield sewer
system in accordance with and subject to the conditions of
Agreement 89-197 between the City of Bakersfield and the
County of Kern. The nearest existing sewer service is a 30"
trunk pipeline in Jewetta Avenue south of Palm Avenue.
However, through assessment district proceedings, a
continuation of this sewer trunk pipeline along Jewetta
Avenue to Reina Road is under development. The project area
will be required to connect to this trunkline and pay
appropriate iees when developed.
The applicant shall submit a comprehensive drainage study.
The siting oi a drainage basin for the project area shall be
at the southwest corner of the project and adjacent to the
project boundary so that future expansion of this basin
beyond the boundary of the project area will be possible.
The drainage study should include, but not necessarily be
limited to, drainage calculations, pipe sizes and locations,
the drainage basin site and size, and construction phasing.
The applicant shall initiate proceedings to form a Planned
Drainage Area if necessary to facilitate construction of the
drainage system.
The drainage study shall be submitted to and approved by the
City Engineer and the required drainage basin site and
necessary easements deeded to the City prior to recording of
any subdivision map or submittal of any development plan
within the project area.
EXHIBIT "3" (cont.)
General
EXHIBIT "B'
Plan Amendment 2-91, Segment
Mitigation Measures
III
In order to mitigate the impacts of any natural to urban
land conversion on the kit fox (a Federally-listed
Endangered Species), the applicant must follow the Advisory
Notice detailing the Interim Mitigation Measures established
for the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP). These measures are necessary to prevent
unauthorized take of ioxes and to ofiset any loses to kit
fox habitat resulting ~rom on-going construction activities.
No more than 231 (or 220 + 5%) single family residential
units shall be allowed on final subdivision maps for the
73.79 acre residential site.
EXHIBIT "3" (cont.)
11
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Exhibit C
GPA 2-91 SEGMENT III
AND EXISTING LAND USES
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