HomeMy WebLinkAboutRES NO 69-98RESOLUTION NO. 6 9" 9 8
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING THE PROPOSED
AMENDMENT TO THE LAND USE AND CIRCULATION
ELEMENTS OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN (LAND USE AND CIRCULATION ELEMENT
AMENDMENT P97-0892 ).
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 16, 1998, and THURSDAY, MARCH 19, 1998, on the proposed
amendment to the Land Use and Circulation Elements of the General Plan, notice of the time
and place of hearing having been given at least twenty-one (21) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, such proposed amendment to the Land Use and Circulation
Elements of Metropolitan Bakersfield 2010 General Plan is as follows:
GENERAL PLAN AMENDMENT P97-0892
Michael Dhanens representing Fruitvale Properties LLC has
applied to change the Land Use Element and the Circulation
Element of the Metropolitan Bakersfield 2010 General Plan. The
land use designations are proposed to shift residential densities
adjacent to the golf course to accommodate the expansion of the
golf course area. The change is from OS-P, LR, SR, LMR, OC
and GC to OS-P, LR, LMR, HMR, GC. The majority of the
amendment is between Calloway and RiverLakes Drive, between
Norris and Hageman (where the golf course is located). There is
an amendment located at the northeast corner of Coffee and
Meany Avenue. The overall dwelling unit count will not change
within the specific plan area (maximum number of dwelling units is
4,430). The Circulation amendment is to eliminate the
COLLECTOR-Alternate Section designation of RiverLakes Drive
north of Olive Drive.
and
WHEREAS, for the above-described amendment, 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 city staff and the Planning Commission; and
WHEREAS, by Resolution No. 37-98 on March 19, 1998, the Planning
Commission recommended approval and adoption of this General Plan Amendment subject to
conditions listed in Exhibit "A" and this Council has fully considered the findings 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, APRIL 22, '1998, on the above described proposed amendment to the Land
Use and Circulation Elements 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:
1. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have
been followed.
Based on the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration with mitigation measures was
advertised February 8, 1998, and posted on February 10, 1998, in
accordance with CEQA.
The public necessity, general welfare and good zoning practice justify the
amendment to the Metropolitan Bakersfield 2010 General Plan.
The proposed General Plan Amendment is consistent with the
Metropolitan Bakersfield 2010 General Plan Goals and Policies.
The proposed amendment of the general plan is compatible with
development adjacent to the site.
The maximum number of dwelling units for the RiverLakes Ranch
Specific Plan area will continue to be 4,430.
The golf course facility is in harmony with the entire specific plan
development and surrounding areas.
9. The general area has little land set aside for multi-family residential.
10.
It is important that some areas, within predominantly low density
residential development, be set aside for such usage as multi-family
residential.
11.
The majority of the land designated commercial is along Rosedale
Highway between Coffee and Calloway and is designated Major
Commercial. Major Commercial is classified as being for large-scale
retail operations providing a broad range of goods and services that
serve a market area of many square miles.
12. The proposal is for a neighborhood "oriented" commercial designation.
13. Olive Drive is designated as an "arterial" street.
2
0R!OiNAL
14. The proposed Circulation Element Amendment, as conditioned, will not
have a significant degradation to the surrounding road system.
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.
2. The Negative Declaration is hereby approved and adopted.
3. The report of the Planning Commission, including maps and all reports and
papers relevant thereto, transmiffed by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves the proposed amendment to the Land Use
and Circulation Elements of the Metropolitan Bakersfield 2010 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 south of Norris Road to Rosedale Highway,
generally between Calloway Drive and Fruitvale Avenue, subject to conditions of approval
shown on Exhibit "A".
5. That General Plan Amendment P97-0892, approved herein, be combined
with other approved amendments described in separate resolutions, to form a single Land Use
and Circulation Element Amendment.
......... O00 ........
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
MAY 06 1~1 , by the following vote:
AYES: COUNCILMEMBER DeMOND, CARSON, SI,~.!TH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
CITY CLERK and Ex Offici~JClerk of the
Council of the City of Bakersfield
APPROVE~, MAY 06 ~
MAYOR of the City of Bakersfield
ORIGINAL
Exhibit "A"
P97-0892
Page 2
No more than one access will be allowed along the east side of Calloway Drive between
Olive Drive and Norris Road. It shall be restricted to right in, right out and left in.
10.
No accesses will be allowed along Coffee Road to the residential areas.
Pdor to submittal of any subdivision north of Olive Drive a comprehensive circulation
plan showing the primary local street system shall be submitted and approved. The
local street system shall be designed to minimize the potential for cut through traffic
from north of Norris Road ddving through to either Olive Ddve and Riverlakes Ddve.
11.
Prior to submittal of a tentative subdivision map, site plan, final development plan, or any
other application requiring permits or approval
1)
The applicant shall submit a drainage study for the entire area within the
GPA/ZC boundaries. The study shall be reviewed and approved by the City
Engineer.
A)
Easements or offers of dedication for the following shall be submitted to
the City Engineer which will permit implementation of the study:
i) retention/detention sites
ii) major storm drain line alignments.
B)
A mechanism approved by the City for maintenance of non-publicly
maintained facilities.
c)
Storm water drainage from the future tract at the southeast comer of
Hageman road and Main Plaza Ddve (Tentative Tract 5150) will be
directed to the property north of Hageman Road. To convey this water
under Hageman Road, a storm drain line was constructed. The
improvements for the property north of Hageman Road shall
accommodate this water.
D)
City construction and gutter profiles established by previous construction
require a low point in the north gutter profile just west of Main Plaza
Drive. Development on the north side of Hageman Road will be
responsible for construction of the storm drain line out of this low point to
the ultimate disposal point.
2)
The applicant shall submit a sewer study for the entire area within the GPA/ZC
boundaries. The study shall be reviewed and approved by the City Engineer.
A)
Easements or offers of dedication for the following shall be submitted to
the City Engineer which will permit implementation of the study:
i) major sewer line alignments.
ii) lift station sites, if any.
B)
If any new pump stations are required to provide service to any site within
this application, then an economic analysis shall be submitted for the
operation and maintenance over the expected life of the pump stations
and, pdor to acceptance by the City of any new pump station, a fee shall
be paid to the City based on the economic analysis for the station's
operation and maintenance,
3) The applicant shall submit offers of dedication for the major streets.
ORiGiNAL
Exhibit "A"
P97-0892
Page 3
12.
13.
14.
15.
16.
17.
4)
The applicant shall submit a plan of development and tentative schedule for all
street improvements.
5)
The applicant shall submit a plan for payment of fees for and/or construction of
landscaped median islands.
6)
The applicant shall provide required information for inclusion of the area within
the consolidated maintenance district.
Fire flow requirements in excess of 2500 g.p.m. shall require developer fees of
$.50/g.p.m./acre in excess of 2500 g.p.m. or equivalent facilities.
Pdor 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.
City fees for inspection of installation of water facilities are currently calculated at four
(4) percent of the estimated construction costs of the intact water facilities. In addition,
a $10 meter installation fee for each service will be assessed for two (2) inches 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.
Pdor to final recordation of the map(s) 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 at $2,000
per gross acre. The fees may be paid upon subdivision or phasing of the tract(s).
Three lot(s) are necessary within the remaining subdivision for the purposes of drilling
and equipping domestic water well facilities. Before acceptance of the lot(s), a full
environmental and hazardous materials review (surface and subsurface soils) must be
conducted. Property for the deepwell site(s) is to be dedicated or may be purchased by
the City. This land transaction must be conducted Drtor to the recording of any
tentative tract/parcel map. The lands may be included as part of other City facilities,
such as City of Bakersfield parks, storm drain sumps, etc. The well site locations should
be located: 1) northeast of the corner of Olive and Calloway Drive, 2) northeast of
Hageman Road and Calloway Drive, and 3) just west of the intersection of RiverLakes
Drive and Coffee Road.
The water supply for this project will most likely be derived from the local groundwater
aquifer, therefore, it will be necessary to design a phased domestic water master plan
for the development. The master plan should include the layout for water supply,
transmission mains, and distribution main locations and sizes. Property for the deepwell
sites are to be dedicated or may be purchased by the city. The lands may be included
as part of other city facilities, such as City of Bakersfield parks, storm drain sumps, etc.
Before acceptance of the lots, a full environmental and hazardous matedal review
(surface and subsurface soils) must be conducted.
ORIGiNAl.
Exhibit "A"
P97-0892
Page 4
18.
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 pdor to the city
issuing a letter guaranteeing a water supply.
19.
To promote the safe and reliable maintenance and operation of utility facilities, the
California Public Utilities Commission (CPUC) has mandated specific clearance
requirements between utility facilities and surrounding objects or construction activities.
To ensure compliance with these standards, project proponents should coordinate with
PG&E eady in the development of their project plans. Any proposed development plans
should provide for unrestricted utility access and prevent easement encroachments that
might impair the safe and reliable maintenance and operation of PG&E's facilities.
OR:G~N,\L
GPA P97-0892
SUMMARY
LAND
USE PLAN
RIVERLAKES RANCH SPECIFIC PLAN
Bakersfield, California