HomeMy WebLinkAboutRES NO 045-04RESOLUTION NO. 0 4 ~ "* 0'4
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND DENYING THE
REQUESTED GENERAL PLAN AMENDMENT NO. 03-1175
OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN, LOCATED ALONG THE WEST SIDE OF
RIVERLAKES DRIVE, NORTH OF LINKS DRIVE. (~Nard 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 headng on MONDAY,
December 15, 2003, and THURSDAY, December 18, 2003, on Case No. 03-1175 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 cimulation; and
WHEREAS, such General Plan Amendment No. 03-1175 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 03-1175:
Michael Dhanens Amhitect applied to amend the Land Use Element of the
Metropolitan Bakersfield General Plan consisting of changes as follows: Land
Use Designation Amendment from OS-P (Open Space - Parks) to LR (Low
Density Residential) on 4.48 acres. The project site is located along the west
side of Riveriakes Drive, north of Links Drvie; 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. 180-03 on December 18, 2003, the Planning Commission
recommended denial of General Plan Amendment No. 03-1175 subject to conditions 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 Planning Commission determined that there was not enough information to
make a decision to the requested General Plan Amendment No. 03-1175; 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 25, 2004, on the above described General Plan Amendment No. 03-1175 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
ORIGINAL
WHEREAS, the Council has considered and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
That the Negative Declaration for General Plan Amendment Case No. 03-1175 is
hereby recommended for approval.
The General Plan Amendment 03-1175 is hereby denied from OS-P (Open Space -
Parks) to LR (Low Density Residential) on 4.48 acres as requested by the applicant
and as recommended for denial by staff, with mitigation measures adopted in the
Negative Declaration and conditions for the project.
As to General Plan Amendment 03-1175 the amendment to the Land Use Element
of the Metropolitan Bakersfield General Plan, consisting of changes to the land use
designations from OS-P (Open Space - Parks) to LR (Low Density Residential) on
4.48 acres, as requested by the applicant and shown on attached map in Exhibit "B",
located at the west of Riverlakes Drive, north of Links Drive, the Planning
Commission hereby recommends denial of such Land Use Element Amendment of
the Metropolitan Bakersfield General Plan, subject to mitigation and conditions
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. 03-1175 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 denies without prejudice, the requested General Plan
Amendment No. 03-1175 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 along the west side of Riverlakes Drive,
generally north of Links Drive, subject to conditions shown on Exhibit "A".
That General Plan Amendment Case No. 03-1175, denied without prejudice
herein, be combined with other cases described in separate resolutions, to form a
single Amendment to the Metropolitan Bakersfield General Plan.
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakemfield at a regular meeting thereof held on FIB 2' 5 Z004 ,
by the following vote:
COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCtLMEMBER
APPROVED FEB ~ 5 2004
CITY CLERK and Ex O~i~ of the
Council of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attachments: EXHIBIT "A" - Conditions.
EXHIBIT "B" - Map.
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ORIGINAL
EXHIBIT "A"
CONDITIONS
EXHIBIT "A"
Conditions
General Plan Amendment/RiverLakes Ranch Specific Plan Amendment
No. 03-1175
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).
An archaeological survey shall be performed by a qualified professional archaeologist
prior to any construction on the project site. Any and all findings and recommendations
shall be met by the developer. (Mitigation Measure).
The City of Bakersfleld's normal fire protection service flows are 2500 gallons per
minute (g.p.m.). In certain areas and in certain zoning, fire 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/g.p.m./acre in excess of 2500 g.p.m, or equivalent facilities. (Condition).
Prior to recordation of 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. (Condition).
City fees for inspection of installation of water facilities are currently calculated at four
(4%) percent of the estimated construction costs of the in-trect 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. (Condition).
The developer shall pay to the City Water Availability Fees of $2,000.00 per gross acre
of the subdivision or parcel map. This project site contains 4.48 gross acres, therefore,
fees due are $8,960.00. Payment of fees is to be made to the City prior to final
acceptance and recordation of a tract/parcel map on the project site. Failure to pay the
Water Availability Fees when due shall result in an additional ten percent (10%)
administrative service charge and interest shall be added at the rate of one percent
(1%) per month to any amount of fee which is delinquent. Should the City resort to
court action to collect amounts due, the City shall be entitled to collect its reasonable
costs and attorney's fees. Security may be demanded for the payment of Water
Availability Fees at the option of the City. (Condition).
ORIGINAL
Exhibit A
Conditions
GPA/RRSPA #03-1175
Page 2
10.
11.
All water mains, service connections, and fire hydrants shall be installed by the
developer/owner and dedicated to the City. Plans and specifications for such water
mains and appurtenances shall be prepared by the developer/owner and approval of
plans for installation shall be by the City of Bakersfield. All improvements must be
installed or bonded for, prior to the City issuing a letter guaranteeing a water supply to
the project site. (Condition).
Any development on the General Plan Amendment / Zone Change project site shall
pay the adopted Regional Transportation Impact Fee. (Mitigation Measure).
With submittal of a land division or Lot Line Adjustment application, provide dedication
of Rivedakes Drive to collector standards, including expanded intersections as
necessary.
a. 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. Provide an
easement for the ultimate retention basin site, along with necessary easements
for the transportation of drainage water to the site.
b. 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.
c. 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
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 raquired 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.
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 in the
Consolidate 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.
ORIGINAL
Exhibit A
Conditions
GPA/RRSPA #03-1175
Page 3
12.
This analysis shows the change will result in an insignificant increase in potential trip
generation which is below thresholds established by the City and Caltrans. We
recommend that the development be required to pay into the adopted Regional
Traffic Impact Fee fixed rate program only. The fee program improvements mitigate
impacts of the existing densities and therefore will do so due to the minor increase.
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ORIGINAL
EXHIBIT "B"
LOCATION MAP
ORIGINAL
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