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Home My WebLink AboutRES NO 036-03RESOLUTION NO. 0 3 ' 0 3 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 02-0959 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED EAST OF ALLEN ROAD, BETWEEN SNOW ROAD AND OLIVE DRIVE. (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, DECEMBER 16, 2002, and JANUARY 13, 2003, and THURSDAY, DECEMBER 19, 2002, and JANUARY 16,2003, on Case No. 02-0959 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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. 02-0959 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 02-0959: Rosedale Construction Company applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres. The project site is located east of Alien Road, between Snow Road and Olive Drive; 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 13-03 on January 16, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment No. 02-0959 subject to conditions and mitigation listed in Exhibit "A" and this Council has fully considered the finding 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 26, 2003, on the above described General Plan Amendment No. 02-0959 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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. The Negative Declaration for General Plan Amendment No. 02-0959 is hereby recommended for approval. The General Plan Amendment 02-0959 is hereby approved to LR (Low Density Residential) on 80 acres as requested by the applicant and recommended by staff, 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 02-0959 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 80 acres, as requested by the ap¢icant and shown on attached map in Exhibit "B", located east of Allen Road, between Snow Road and (3live Drive, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield 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. 02-0959 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- 0959 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located east of Allen Road, between Snow Road and Olive Drive, subject to conditions of approval shown on Exhibit "A". That Case No. 02-0959, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 6. That this resolution shall not become effective until February 26, 2003, at such time 2 as other General Ptan Amendments are reviewed by the City Council of the City of Bakersfield. ......... O00 ........ I HEREBY CERTIFY that the foregoing Resolution was passed ar~d~l~e-~0b3Y the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~¢-p,4. APPROVED FEB 26 I~AR~Y~ HALL MAYOR of the City of Bakersfield PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of Cthe Council of the City of Bakersfield APPROVED as to form: BART THILTGEN City Attorney MO:djl S:\GPA 4th Qtr 2002\02-0959\Res\res,gpa_Lc.doc EXHIBIT A CONDITIONS OF APPROVAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 02-0959 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: 2. Along with submittal of any development plan or subdivision, the following shall occur: 1.1 Provide fully executed dedication for Snow Road, Allen Road and Olive Drive to arterial and collector standards for the full frontages 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. 1.2 Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. The study shall be approved and any required retention site and necessary easements dedicated to the City. (Public Works Condition). The GPA/ZC area is within the service area of the North of River Sanitary District No. 1. Sewer service in this area must conform to the NORSD's adopted Sewer Study, and construction of sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public right-of-way shall be as per the City of Bakersfield's adopted standards. (Public Works Condition). Payment of median fees for the frontage of the property within the GPA request will be required. These fees may be paid prior to recordation of any map or approval of improvement plans. (Public Works Condition). Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. (Public Works Condition). 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 of the entire area 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. (Public Works Condition). Exhibit A Conditions of Approval GPA/ZC 02-0959 7. The applicant/developer/subdivider shall be responsible for ½ the cost of culvert/bridge widening. (Public Works Condition). 8. Construction of Snow Road shall be done under permit from the County. (Public Works Condition). 9. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. (Public Works Condition). 10. Pay propodionate shares of the following local mitigation not currently provided for in the TIF program. We have pro-rated the percentages from the study to account for the reduction in scope for the GPA using strictly the 589 single family dwelling units. Prior to development project engineer shall provide cost estimates for determining said mitigation. In the absence of said estimate approximate costs are provided herein. 10.1 Allen Road at Snow Road - Install Traffic signal. 5.09% project share. Project share = 5.09% x $130,000 = $6,617. 10.2 Kratzmeyer Road at Santa Fe Way - Install signal, add left turn lanes all directions. 4.53% project share. Project share = 4.53% x ($130,000 + 4 x $50,000) -- $14,949. 10.3 Allen Road at Kratzmeyer Road - Add turn lanes all directions. 12.83% project share. Project share = 12.83% x (4 x %50,000) -- $25.660. 10.4 Reina Road at Jewetta Avenue - Add left turn lanes west bound and east bound. 11.90% project share. Project share = 11.90% x (2 x $50,000) -- $11,900. 10.5 Allen Road at Hageman Road -Add south bound left turn. 8.08% project share. Project share = 8.08% x $75,000 = $6,060. 10.6 Hageman Road at Jewetta Avenue - Add north bound left turn. 4.78% project share. Project share -- 4.78% x $75,000 = $3,585. 10.7 Allen Road at Meacham Road - Add north bound and south bound left turns. 4.78% project share. Project share = 4.78% x (2 x $50,000) -- $4,780. 10.8 OliveDriveatVerdugoLane-lnstalltrafficsignal. 4.78%projectshare. Project share = 4.78% x $130,000 = $6,214. Total local mitigation is $479,765 equating to $135.42 per dwelling unit in addition to the standard RTIF fixed fee. (Public Works Condition). MO:djl S:\GPA 4th Qtr 2002\02~9959\SR Admin Rpt\Exh A - Condi doc EXHIBIT B LOCATION MAP 3~N3AV ~VO~ VI 13AA3f' OVO~J RSV3 ;391¥