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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. ......... O00 ......... the 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. S Dole\02 0976\MH [GAl ION ME~,SURE-~; AVI=~ ITl Z ITl I-- _= m z 0 I 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. .......... o0o .......... 3 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 R-lA Exhibit C GPA 2-91 SEGMENT III AND EXISTING LAND USES 12 R--IA (~m~CULTU~-) RE~L~ ROAD 7 LR HI (~c~O ::::::::::::::::::::::::::::::::: R -IA (ALMOND (ALMOND ORCt-~) GC LR ~Z~^N RO~ 'F2..9S, "f29S, R26E R2~ BATEY DEVELOPPiENT, INC. ~