HomeMy WebLinkAboutRES NO 080-03RESOLUTION NO. 0 80 ' 0 3
RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT CASE NO. 02-1248 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 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, March 17,
2003, and THURSDAY, March 20, 2003, then continued the item to MONDAY, March 31,2003, and
THURSDAY, April 4, 2003, on Case No. 02-1248 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 Californian, a local newspaper of
general circulation; and
WHEREAS, such General Plan Amendment No. 02-1248 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 02-1248:
Porter-Robertson Engineering 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 89 acres. The project site is located at the northwest corner
of Allen Road and Reina 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. 70-03 on April 3, 2003, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 02-1248 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,
May 14, 2003, on the above described General Plan Amendment No. 02-1248 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.
2. That the applicant by prior written agreement agreed to comply all adopted mitigation
measures contained within the Negative Declaration.
That the Negative Declaration for General Plan Amendment No. 02-1248 is hereby
recommended for approval.
The General Plan Amendment 02-1248 is hereby approved to LR (Low Density
Residential) on 89 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 02-1248 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to
the land use designations from HMR (High Medium Density Residential) to LR (Low
Density Residential) on 89 acres, as requested by the applicant and shown on
attached map in Exhibit "B", located at the northwest corner of Allen Road and
Noriega Road, 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. 02-1248 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-
1248 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 at the northwest corner of Allen Road and Noriega Road, subject to
conditions of approval shown on Exhibit "A".
That Case No. 02-1248, approved herein, be combined with other approved cases
described in separate resolutions, to form a single Amendment to the Metropolitan
Bakersfield General Plan.
This resolution shall not become effective until May 28, 2003, 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 a~cJ vac~oj~t~nd,~.by the
Council of the City of Bakersfield at a regular meeting thereof held on .m~.~ ~ ~uuJ , by
the following vote:
AYES: COUNClLMEMBER COUC~H,~C,~,RSON, BENHAM, MAGGARD, HANSON, SULLIVAN,
NOES: COUNCILMEMBER ~?
ABSTAIN: COUNCILMEMBER ~,~.-~'~ "-~'
ABSENT: COUNCILMEMBER ,.~ ¢:~ i...-"J ~¢_~ ~_~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED M~¥ 1..~[ ~.003
MAYOR of the City of Bakersfield
APPROVED as to~orm:
BART THILT~GEN
City Attor~e/y ~/
MO:djl
S:\GPA 1st 2003\02-1248\Resolutions\res,gpa_cc.doc
3
EXHIBIT "A"
CONDITIONS OF APPROVAL
EXHIBIT A-I
Conditions of Approval
General Plan Amendment/Zone Change No. 02-1248
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).
Vau~lhn Water Company:
Based on information now available, Vaughn Water Company is capable of supplying domestic
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 our water users
meets the State and County standards. (Condition).
The applicant/developer shall enter into a Tract Agreement with the Vaughn Water Company to
provide for, among other things, payment for all costs connected with supplying the tract with
water. The applicant/developer shall advise the Vaughn Water Company in ample time before
the applicant/developer wishes to proceed, so Vaughn Water Company can provide the
applicant/developer with the form of Tract Agreement for execution. Pursuant to the Tract
Agreement, the applicant's/developer's contractor, which is approved by the 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 construction begin until the
Tract Agreement is fully executed and applicant/developer have met the conditions specified in
the Agreement. (Condition).
As specified in the Tract Agreement, a licensed civil engineer, which is acceptable to Vaughn
Water Company would, on behalf of the applicant/developer, prepare the water plans and
specifications. After those plans and specifications have been approved by the Company's
engineer and general manager, those plans will be subject to further review and modification if
construction is not commenced pursuant to the Tract Agreement with six months of approval of
plans and specifications. (Condition).
5. Technical Considerations:
a)
b)
The tract shall be connected at two locations to a 12" Line on Allen Road.
Complete Tract piping will be analyzed when the design is complete.
(Condition).
The "Will Serve" letter submitted for the application shall terminate in two years from the date the
City/County accepts the tentative tract map. (Condition).
Conditions of Approval
GPA/ZC 02-1248
Page 2
Public Works Department:
Along with submittal of any development plan, tentative subdivision map, or application for a lot
line adjustment, the following shall occur.
Provide fully executed dedication for Noriega Road and Allen Road to 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.
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area to
facilitate future expansion or consolidation of drainage facilities as adjacent area
develops. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
Submit verification to the City Engineer of the existing sewer systems' capability to
accept the additional flows to be generated through development under the new land
use and zoning.
Payment of median fees for the frontage of the property within the GPA request. These
fees may be paid prior to recordation of any map or approval of improvement plans.
(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. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal will
only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected. (Condition).
Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time
of issuance of building permits. (Condition).
10.
The entire area covered by this GPA request 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, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area. (Condition).
11.
The applicant submitted an adequate traffic study for the project. The study shows that minimal
added local mitigation is needed due to addition of the project traffic in 2020. Development
under current land use is mitigated by the improvements in the Regional Transportation Impact
Fee (RTIF) program. Based upon the study findings, the following shall be required:
Conditions of Approval
GPNZC 02-1248
Page 3
Pay the estimated single family fee rate in the RTIF program in place at time of
development.
In addition to the RTIF, pay proportionate shares of the following local mitigation needed
in 2020 and not currently provided for in the TIF prograrn.
a. 7th Standard Road at Santa Fe Way - Install traffic signal
Project share = 2.34% x $120,000 = $2,808
b. 7th Standard Road at Allen Road - Install traffic signal
Project share = 4.72% x $120,000 = $5,664
c. Allen Road at Snow Road - Install traffic signal
Project share = 4.58% x $120,000 = $5,496
d. Kratzmeyer Road at Santa Fe Way - Install traffic signal
Project share = 1.53% x $120,000 = $1,836
Total Local mitigation = $15,804 ($42.71/DU).
(Condition).
Planning Commission Conditions:
12. Only gas-burning fireplaces may be installed within the project area. No building plans will be
issued showing a wood fireplace within the project area. (Condition).
13. A maximum of 390 dwelling units. (Condition).
MO:djl
04/24/03
S:\GPA 1st 2003\02-1248~,dmin SR\Exh A - Cond doc
EXHIBIT B
LOCATION MAP
I--
Z
W
Z
W
W
Z
W