HomeMy WebLinkAboutRES NO 209-03RESOLUTION NO. 2 0 9 -0 3
RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING RIVERLAKES RANCH
SPECIFIC PLAN AMENDMENT NO. 03-0774, WHICH IS A
PROPOSED AMENDMENT TO THE LAND USE MAP OF THE
RIVERLAKES RANCH SPECIFIC PLAN, LOCATED AT THE
NORTHWEST CORNER OF GRANITE FALLS DRIVE AND
COFFEE ROAD. (GPA 03-0774). 0Nard 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 TH U RSDAY, September 18, 2003, and continued the item 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 Rivedakes Ranch Specific Plan Amendment No. 03-0774 of the proposed
amendment to the Land Use Map of the Riverlakes Ranch Specific Plan is as follows:
Riverlakes Ranch Specific Plan Amendment No. 03-0774:
Gregory D. Bynum for Granite Falls, LLC applied to amend the Land Use Map of
the Riverlakes Ranch Specific Plan consisting of changes from MC (Major
Commercial) 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. 140-03 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
The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
That the public necessity, general welfare and good planning practices justify the
amendment to the text and the Land Use Map of the Riverlakes Ranch Specific
Plan.
That the Riverlakes Ranch Specific Plan Amendment No. 03~0774 is consistent with
the Metropolitan Bakersfield General Plan.
That the Negative Declaration for the Rivedakes Ranch Specific Plan Amendment
No. 03-0774 is hereby recommended for approval.
The Specific Plan makes reference to the Metropolitan Bakersfield 2010 General
Plan and the term 2010 has since been omitted.
Within the Specific Plan, Exhibit 26-A, Wall and Fence Plan, calls for a Community
Theme Wall, Level Three which does not exist in the Specific Plan.
The Community Theme Wall, Level Three shall be replaced with Community Theme
Wall, Level One.
That the Riverlakes Ranch Specific Plan Amendment No. 03-0774 is hereby
approved to GC (General Commercial) on 16.86 acres as requested by the applicant
with the above recommendations 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.
10.
As to Riverlakes Ranch Specific Plan Amendment No. 03-0774 the recommended
amendment to the Land Use Map of the Riverlakes Ranch Specific Plan, consisting
of changes to the land use designations from MC (Major Commercial) 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,
That the Negative Declaration for Riverlakes Ranch Specific Plan Amendment No.
03-0774 is hereby approved and adopted.
2
ORIGINAL
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 the Rivedakes Ranch Specific Plan
Amendment No. 03-0774 of the recommended amendment to the text and to the
Land Use Map of the Riverlakes Ranch Specific Plan, constituting changes as
shown on the map marked Exhibit "B", attached hereto and those added
modifications found above fl6 and #7, and incorporated as though fully set forth,
for property generally located at the northwest comer of Granite Falls Ddve and
Coffee Road, subject to conditions of approval shown on Exhibit "A".
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.
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ORIGINA!
I HEREBY CERTIFY that the foregoing Resolution was passedj~l ~o;~ by the
Council of the City of Bakersfield at a regular meeting thereof held on ,
by the following vote:
~ COUNCILMEMBER COUCH, CARSON, BEN HAM, MAGGARD, H~d,~N~ SULLIVAN, SALVAGGIO
NOES: COUNClLMEMBER
ABSTAIN: COUNClLMEMBER
.,> COUNCILMEMBER I(--.~/~/~
NOV 1
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO/
City Attorney /
Attachments: Exhibit A - Conditions of Approval
Exhibit B - Location Map
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ORIGINAl
EXHIBIT A
Conditions of Approval
EXHIBIT A
Conditions of Approval
General Plan Amendment /
Zone Change I
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 Resources 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 fiow 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 tractJparcel map, the developeflowner 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).
Prior 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).
EXHIBIT A
Conditions of Approval
GPNZC/RRSPA No. 03-0774
Page 2
10.
11.
12.
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).
Pdor 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).
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).
Development on the site shall be subject to all applicable previous General Plan
AmendmentJZone Change and RiverLakes Ranch Specific Plan Amendment
requirements. (Condition).
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ORIGINAL
EXHIBIT B
Location Map
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U.J
ORIGINAL