HomeMy WebLinkAboutRES NO 103-00RESOLUTION NO. ] 0 ~ - 0 0
RESOLUTION MAKING FINDINGS, APPROVING
NEGA'IF'IVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. P00-0238 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN.
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, June
12, 2000, and THURSDAY, June 15, 2000, on Case No. P00-0238 of a proposed amendment to
the Land Use Element of the General PBan, 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
Californiar~, a local newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. P00-0238 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
General Plan Amendment No. P06-0238:
Tom Teagarden representing KARPE has applied to amend the
Land Use Element of the Metropolitan Bakersfield 2010 General
Plan consisting of changes as follows: Land Use Designation
Amendment fFOm GC (General Commercial) and SR (Suburban
Residential) to LM R (Low Medium Density Residential) on 3.6 acres.
The project sitE; is located generally along the north side of Brimhall
Road, east of Jewetta Avenue; 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. 64-00 on June 15, 2000, the Planning Commission
recommended approval and adoption of General Plan Amendment No. P00-0238 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,
August 16, 2000, on the above described GeneFal Plan Amendment No. P00-0238 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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:
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 comply all adopted
mitigation measures contained within the Negative Declaration.
That the Negati:ve Declaration for General Plan Amendment No. P00-0238 is hereby
recommended for approval.
The General Plan Amendment P00-0238 is hereby approved as recommended by
staff including LMR (Low Medium Density Residential) on 3.6 acres as requested
by the applicant 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 P00-0238 the recommended amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting
of changes to the land use designations from GC (General Commercial) and SR
(Suburban Residential) to LMR (Low Medium Density Residential) on 3.6 acres, as
requested by the applicant and shown on attached map in Exhibit "B", generally
located along the north side of Brimhall Road, east of Jewetta Avenue, the Planning
Commission hereby recommends adoption of such Land Use Element Amendment
of the Metropolitan Bakersfield 2010 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 reciitals and findings incorporated herein, are true and correct.
The Negative Declaration for General Plan Amendment No. P00~0238 is hereby
approved and adopted.
2
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. P00-
0238 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 20'10 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 north side of Brimhall Road generally east of Jewetta
Avenue, subject to conditions of approval shown on Exhibit "A".
That Case No. IP00-0238, approved herein, be combined with otherapproved cases
described in separate resolutions, to l'"orm a single Amendment ot the Metropolitan
Bakersfield 20'10 General Plan.
......... o0o ........
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the
Council of the City of Bakersfield at a regular meeting thereof held on AUG 16 2000
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, SULLIVAN, SALVAGGIO,C,'R~E~J
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
Council of the City of Bakersfield
3
APPROVED AUG 16 2000
MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
BY:
CARL HERNANDEZ III
Assistant City Attorney
MO: pas
S:\Gpa-June\P00-0238\Res~res,gpa_cc.wpd
4
4.
5.
6.
EXHIBIT A
GPA/ZC P00-0238
Mitigation Measures/Conditions of Approval
In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed
endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation
Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These
measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox
habitat resulting from on-going construction activities.(Mitigation).
If cultural resources (archaeological or historical) should be discovered on the site during any
construction activity, construction shall cease and the Cultural Resource Facility at California State
University Bakersfield shall be notified of such discovery. At such time the applicant shall contract
with the Cultural Resource Facility or other qualified archaeologist to conduct a survey of the site
and recommend disposition of resource finds. (Mitigaiton).
If human remains are disc, overed at any time, work must be halted and the Kern County Coroner
immediately contacted (Health and Safety Code Section 7050.5, Section K CEQA). (Mitigation).
Prior to the issuance of a building permit within the project area, school impact fees, in accordance
with all applicable laws, shall be paid for the purpose of providing school facilities. (Mitigation).
Applicant/developer shall dedicate 0.399 acres of park land to North Bakersfield Recreation and
Park District or contribute in-lieu fees to said "district." (Mitigation).
The City'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. Bimit. 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).
Prior to filling 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).
City fees for inspection of installation of water facilities are currently calculated at four (4%) percent
of the estimated construction costs of the in-tract water facilities. In addition, a $10.00 meter
installation fee for each ssrvice 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).
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 Bakersfield Municipal Code 14.04.120 (B.)
And set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council.
As of this date, the fees are set $ 2,000.00 per gross acre. This tract contains approximately 8
acres, therefore, fees due are $16,000,00. However, the fees may be paid upon further sub-
division or phasing of the tract. (Mitigation).
Exhibit A
GPNZC P00-0238
Page 2
10.
11.
12.
13.
14.
15.
All water mains, service connections, and fire hydrants shall be installed by developer and
dedicated to the City. Plans and specifications for such water mains and appurtenances shall be
prepared by or 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. (Mitigation).
Dedication of right-of-way to arterial standards will be required for the full frontage of the Zone
Change on Brimhall Road. Dedication of right-of-way to collector standards will be required for the
full frontage of the Zone Change on Jewetta Avenue. Dedication shall include the intersection
expansion. Said dedicatien shall be submitted to the Public Works Department, signed and ready
to record, prior to the GPA/ZC being heard by the City Council. (Public Works Condition).
Upon further development, the following conditions shall be met:
Construction of full improvements, not including the landscaped median, for Jewetta Avenue
shall I:~e done in one segment. Construction of full improvements, not including the
landscaped median, for Brimhall Road shall be done in no more than two segments.
However, the first ,development with frontage on Brimhall Road shall be responsibBe for an
additional travel lane. (Public Works Condition)
From a traffic generation perspective, this GPA will result in a less intense land use than could
previously be developed and therefore no traffic impact study was required or is necessary. The
development is required to pay the Council adopted Regional Transportation Impact Fees. (Public
Works Condition).
Access to the arteriat stre,sts will be limited and determined at time of development. Determination
of whether a right turn lane is required at the access will also be made at the time of 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 sho~vs progression is not adversely affected. (Public Works Condition)
The following conditions for General Plan Amendment 2-93, Segment Ill, Zone Change No. 5458
shall apply to this GPNZC. See below.
GPA 2-93, SEGMENT III, ZC NO. 5458 CONDITIONS OF APPROVAL
Public Works:
Upon further devellopment or subdivision within the GPA or zone change area, a
traffic study shall he submitted identifying impacts from the development and the
proposed mitigation of these impacts including the percentage share of the cost of
specific improvem,snts required as a part of the proposed mitigation.
Access to Brimhalll Road is restricted and shall meet City Standards for location and
separation. The location of access point(s) shall be determined at the time of further
subdivision or at the time of site plan review.
Exhibit A
GPNZC P00-0238
Page 3
Upon further development or subdivision within the GPA or zone change area, the
subdivision/developer shall submit a comprehensive drainage study of the area
bounded by Jewetta Avenue on the west, Brimhall Road on the south, the west line
(oF a Iprojection thereof) of Tentative Tract 5417 on the east, and the south line (or a
projection thereof) of Tentative Tract 5334 on the north. The drainage study should
include, but not necessarily be limited to, drainage calculations, pipe sizes and
locations, the drainage basin site and size, and construction phasing.
The ¢lrainage study shall be submitted to and approved by the City Engineer.
S:\Gpa-June\P00-0238\Exhibit A.wpd
P
~ F~ T'F~]' f, ff R 'FFTTTI'PFi Ri '--
~00 1200 '1800 Fee~ W~ E
EXHIBITB