Loading...
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