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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