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Home My WebLink AboutRES NO 208-03RESOLUTION RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 03-0774 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHWEST CORNER OF GRANITE FALLS DRIVE AND COFFEE ROAD. (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, September 15, 2003, and THURSDAY, September 18, 2003, and continued to MONDAY, September 29, 2003, and THURSDAY, October 2, 2003, on Case No. 03-0774 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. 03-0774 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-0774: Gregory D. Bynum for Granite Falls, LLC applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from MC (Major Commemial) to GC (General Commercial) on 16.86 acres. The project site is located at the northwest corner of Coffee Road and Granite Falls 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. 139-03 on October 2, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment No. 03-0774 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, November 5, 2003, on the above described General Plan Amendment No. 03-0774 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: ORIGINAL 1. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by prior written agreement agreed to compty with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 03-0774 is hereby recommended for approval. The General Plan Amendment 03-0774 is hereby approved to GC (General Commemial) on 16.86 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 03-0774 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from MC (Major Commemial) to GC (General Commercial) on 16.86 acres, as requested by the applicant and shown on attached map in Exhibit "B", located at the northwest corner of Coffee Road and Granite Falls 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. 03-0002 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. 03- 0774 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 Granite Falls Drive and Coffee Road, subject to conditions of approval shown on Exhibit "A". That Case No. 03-0774, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ......... O00 ........ 2 ORIG N~ 6. This Resolution shall not become effective until December 10, 2003, at such time as other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. I HEREBY CERTIFY that the foregoing Resolution was passed a,~,a~lo, p~by the Council of the City of Bakersfield at a regular meeting thereof held on,.-'..~uuJ , by the following vote: NOES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, I~ULLIVAN, SALVAGGIO COUNCILMEMBER. COUNCILMEMBER COUNCILMEMBER ~/./..'~ ~ PAM E~T~Y,~'~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 19 2003, HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNA ~F~:) City Attomey / Attached: ExhibitA - Conditions of Approval B - Map MO:djl S:\GPA 3rd 2003~03-0774\Resolutions~res,gpa_cc.doc 3 ,'-- ORIGINAL ~ EXHIBIT A Conditions of Approval ORIGINAL EXHIBIT A Conditions of Approval General Plan Amendment / Zone Change / RiverLakes Ranch Specific Plan Amendment No. 03-0774 Any site plan review for the project site shall have the requirement for public notice to property owners 300' from the project site. (Planning Commission Condition). 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) and the local Native American community, shall be notified. (Mitigation Measure). The City of Bakersfield Water Resoumes Department's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m, limit. Fire flow requirements in excess of 2500 g.p.m, shall require developer fees of $0.50 per g.p.m, per acre in excess of 2500 g.p.m, or equivalent facilities. (Mitigation Measure). Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. (Mitigation Measure). City fees for inspection of installation of water facilities are currently calculated at four percent (4%) of the estimated construction costs of the in-tract water facilities. In addition, a $10.00 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the City by the land owner/developer within thirty (30) days of invoice. (Mitigation Measure). Pdor to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by-the Bakersfield Municipal Code 14.04.120 0 and set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. (Mitigation Measure). ORIGINAL EXHIBIT A Conditions of Approval GPA/ZC/RRSPA No. 03-0774 Page 2 10. All water mains, service connections, and fire hydrants shall be installed by developer and dedicated to the City of Bakersfield. Plans and specifications for such water mains and appurtenances shall be prepared by or approval of plans for installation shall be to the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. (Mitigation Measure). If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation Measure). Establish a reciprocal access easement prior to issuance of any building permit across the subject site from either Coffee Road or Granite Falls Drive to any parcel that does not have street frontage. (Condition). Prior to the issuance of a building permit or the recordation of a final map on the project site, whichever occurs first, the developer shall install a six (6) foot high chainlink fence along both sides of the Calloway Canal. The developer shall comply with the Agreement entered into between the North Kern Water Storage District and the RiverLakes Ranch Limited Partnership, recorded September 29, 1993 (Book 6914, Page 2466). The developer shall also, obtain and comply with the fencing permit issued by the Friant Water Users Authority. All fencing must be installed and may not be secured or bonded. (Condition). 11. Development within the General Plan AmendmentJZone Change area shall be required to pay into the adopted Regional Transportation Impact Fee program. The fee program improvements mitigate impacts of the existing densities. (Public Works Condition). 12. Development on the site shall be subject to all applicable previous General Plan Amendment/Zone Change and RiverLakes Ranch Specific Plan Amendment requirements. (Condition). MO:d jr S:\C-PA 3¢d 2~O3~)3-0774~lmin - Staff Re~Condi - Exh A.doc ORIGINAL EXHIBIT B Location Map ORIGINAL LIJ Z W 5 z~ ORIGINAL