HomeMy WebLinkAboutRES NO 131-01RESOLUTION NO. ]_ 3 I "0 1'
RESOLUTION MAKING FINDINGS ADOPTING A
NEGATIVE DECLARATION AND ADOPTING A
PORTION OF THE REQUESTED GENERAL PLAN
AMENDMENT NO. P01-0227 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN. (Ward 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,
JUNE 25, 2001, and THURSDAY, JUNE 28, 2001, on the proposed General Plan Amendment No.
P01-0227 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, notice of the time and place of hearing having been given at least ten (10) calendar
days before said hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, such General Plan Amendment No. P01-0227 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
General Plan Amendment No. P01-0227:
Project Design Consultants representing Riverlakes Land
Development Co. has applied to amend the Land Use Element of
the Metropolitan Bakersfield 2010 General Plan consisting of
changes as follows: Land Use Designation Amendment In Area (1)
from LR to HR on 18.88 acres, from LR to HMR on 13.93 acres,
from LR to GC on 1.11 acres, from HR to HMR on 7.45 acres, and
from HR to GC on 6.39 acres. In Area (2) from HMR to GC on 3.71
acres, from HMR to LR on 7.20 acres, from LR to SI on 10.75 acres,
from HMR to SI on 0.38 acres, from LI to LR on 0.81 acres, from LR
to SI on 0.76 acres, from LI to LR on 1.87 acres, and LI to SI on 4.60
acres; and In Area (3) from LR to LMR on 4.61 acres. (Total
acreage 82.45 as shown on Exhibit "B"). Located in three separate
areas as follows: Area No. 1 - West of Coffee Road to Riverlakes
Drive, south of Hageman Road, Area No. 2 - East of Coffee Road
to Patton Way, north of Meany Avenue, Area No. 3 - At the
southwest corner of Riverlakes Drive and Olive Drive (Exhibit B);
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 therefore, a Negative Declaration, with mitigation measures, was prepared for the project in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, the law and regulations relating to the preparation and adoption
Negative Declarabons as set forth ~n CEQA and C~ty of Bakersfield s CEQA Implementa~o~'
Procedures, have been duly followed by the city staff and the Planning Commission; and
WHEREAS, by Resolution No. 80-01 on June 28, 2001, the Planning Commission
recommended approval and adoption of a portion of General Plan Amendment No. P01-0227
subject to conditions and mitigation measures 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,
August 22, 2001, on the above described General Plan Amendment No. P01-0227 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 the proposed project and hereby makes
the following findings:
1. All above recitals are true and correct.
That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
3. 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 prepared and sent to responsible
agencies and a notice of public was sent to property owners within 300 feet of the
project site on May 4, 2001, in accordance with CEQA.
That the Negative Declaration for General Plan Amendment No. P01-0227 is
recommended for approval by the Planning Commission.
That this project was the subject of a Negative Declaration with mitigation measures
and the entire environmental record is hereby adopted and incorporated herein by
reference.
It was determined that the proposal to expand the single family residential area
along the north side of Meany Avenue, east of Coffee Road will enhance the
residential development by allowing a secondary access to the site via Meany
Avenue.
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follows:
1.
2.
It was determined that there is not adequate land with Office Commercial zoning in
the area proposed for Office Commercial along the west side of Coffee Road and
there is a need for Office Commercial in the general area.
The proposed Office Commercial along the west side of Coffee Road is compatible
with the existing zoning for the general area.
With the proposed increase in General Commercial along the east side of Coffee
Road it was determined that the General Commercial area would be better shaped
with the expansion to Meany Avenue.
The General Commercial area along the east side of Coffee Road could utilize the
existing electric tower lines as parking for the shopping center.
It was determined that there is adequate land with Service Industrial designation
that are underutilized near the area proposed for Service Industrial and there is no
identified need for additional Service Industrial designation in the area.
The existing Light Industrial designation along the west side of Patton Way act as
a buffer between the existing General Industrial designation and the Low Density
Residential area to the west.
The proposed Light Industrial designation along the north side of Meany Avenue to
the existing Canal would better serve as a buffer between the Low Density
Residential to the north and the existing Service Industrial area south of Meany
Avenue.
The proposed General Plan Amendment to Service Industrial is incompatible with
the surrounding designations.
The recommended General Plan Amendment to Light Industrial is consistent with
the Metropolitan Bakersfield 2010 General Plan and surrounding designations.
The public necessity, general welfare and good zoning practice justify the
recommended change of the Land Use designation of the Metropolitan Bakersfield
2010 General Plan.
The sites are the subject of Zone Change No. P01-0227 and RiverLakes Ranch
Specific Plan Amendment No. P01-0227, which have been recommended for
partial approval.
SECTION 1.
NOW, THEREFORE, BE IT ORDAIN ED by the Council of the City of Bakersfield as
The above recitals and findings are true and correct and constitute the findings of
the City Council in this matter.
The Negative Declaration for General Plan Amendment No. P01-0227 is hereby
approved, subject to mitigation as shown on Exhibit "A".
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The Negative Declaration for General Plan Amendment No. P01-0227 is hereby
approved, subject to mitigation as shown on Exhibit "A".
That the General Plan Amendment No. P01-0227 will reflect the intent of the
Planning Commission's decision at the June 28, 2001, public headng.
The recommended General Plan Amendment is consistent with the Metropolitan
Bakersfield 2010 General Plan, subject to conditions as shown on Exhibit "A'.
The City Council hereby approves and adopts General Plan Amendment No. P01-
0227 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, consisting of changes as shown on the map marked
Exhibit "C" attached hereto and incorporated as though fully set forth, for property
generally located south of Olive Drive, between Calloway Drive and Patton Way to
Meany Avenue. The change consists to LMR at the southwest corner of Olive Drive
and RiverLakes Drive; to LMR, HMR and OC located south of Hageman Road
between RiverLakes Drive and Coffee Road; and to GC, LR and LI east of Coffee
Road, north of Meany Avenue.
That General Plan Amendment No. P01-0227, approved herein, be combined with
other approved cases described in separate reslolutions, to form a single
Amendment to the Metropolitan Bakersfield 2010 General Plan.
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 2 2 2001 , by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER t~"~Y~-~--~
COUNCILMEMBER ~ ,~
COUNCILMEMBER ~3-~ 4x J2
CITY CLERK and Ex Officio q~erk
Council of the City of Bakersfield
of the
MORE SIGNATURES ON NEXT PAGE
APPROVED AUG ~ 2001
MARK SALV~GGI6TM - f' '
VICE MAYOR of the City of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
BY: ~
VlRGINIA~ENNAR~
Deputy City Attorney
MO: pas
S:\GPA 2nd Qtr 2001~°01-0227~Resolution s',RGPA.CC,wpd
EXHIBIT A
Mitigation Measures & Conditions
(Revised 8/22101)
General Plan Amendment/Zone Change/
RiverLakes Ranch Specific Plan Amendment
No. P01-0227
An archaeological survey shall be completed prior to ground disturbance, along with
requiring any measures identified in the study to be completed. (Mitigation)
If the water service requirements exceed the capability of the California Water Service
Company's existing facilities or if the extension of the California Water Service
Company's facilities is necessary, service would be provided in accordance to Rule 15
of the State Public Utilities Commission Rules and Regulations. This will remain in
effect until April 3, 2002. After April 3, 2002, the developer shall be required to meet all
of the California Water Service Company's requirements at that time. (Mitigation)
The Metropolitan Bakersfield Habitat Conservation Plan has been adopted as policy and
is implemented by ordinance. The plan addresses biological impacts within the
Metropolitan Bakersfield General Plan Area. The development entitled by this proposal
will be required to comply with this plan. (Mitigation)
If any human remains are discovered on the site, all work shall stop until the Kern
County Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall stop until
the find has been evaluated by a qualified archaeologist or historian. (Mitigation)
Developer shall provide a total park acre estimated for the project of 10.4 acres, or in-
lieu fees for the acreage to the North Bakersfield Parks and Recreation District.
(Mitigation)
Along with submittal of any development plan, tentative subdivision map, or application
for a lot line adjustment, the following shall occur:
Provide fully executed dedication for Krebs Road, RiverLakes
Drive and Coffee Road to collector or arterial standards for the full
frontages of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a
current title report with the dedication documents. (Public Works
Condition)
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 required 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. (Public
Works Condition)
Aug 22~--~01 ~
OR1GiNA~
EXHIBIT A
Revised 8-22-01
Mitigation & Conditions
GPA/ZC/RRSPA No. P01-0227
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All development in the GPA area will be subject to the current Regional Traffic Impact
Fee in effect at time of development, or to the provisions of Agreement 99-18. In the
event of differing interpretations between the Regional Traffic Impact Fee and said
agreement, the provisions of Agreement 99-18 shall prevail. The building square
footage for the new commercial areas are below 100,000 SF and would be subject to
fixed fee rates in effect at the time. However, should the proposed commercial area on
the NE corner of Coffee Road and Meany Avenue be developed as a contiguous center
fully integrated with the development of the existing commercial area to the north it is
possible that the 100,000 SF threshold will be exceeded. In that case an independent
impact study would be necessary to determine the RTIF amounts. (Public Works
Condition)
In the area previously zoned "P" (located west of Patton Way, north of Meany Avenue,
east of Coffee Road), the developer shall develop within the LI/M-1 area a buffer
between the LI/M-1 area and the residential area per the attached buffer sketch. The
buffer shall include an 8-foot high masonry block wall, a seven (7) foot wide landscape
strip with a tree (size defined by ordinance) every twenty feet, and a 65 foot building
setback and have a maximum height restriction of 35 feet in the LI/M-1 area. The
residential area will not have a height or setback restriction, other than what is in the
zoning ordinance. (Planning Commission)
The developer shall develop the area south of Hageman Road to the south section line
of Section 17, east of RiverLakes Drive to the existing "Coleman" multi-family project
(18.88 gross acres) as a Low Medium Density Residential with maximum of 142
dwelling units. The developer shall develop the area south of the south section line of
Section 17, east of RiverLakes Drive to the Open Space area along Coffee Road (21.38
gross acres) as a High Medium Density Residential with a maximum of 403 dwelling
units. (Planning Commission)
The applicant/developer shall submit a revision to the Tentative Tract #6005, which
would be consistent with the approval of General Plan Amendment/Zone Change P01-
0227. (Planning Commission)
During the review process of any subdivision within the project site, consultation with the
Division of Oil, Gas & Geothermal Resources shall be done to evaluate any potential
impacts. (Planning Commission)
Any development within the R-2/PUD area that is not detached single family residential
shall be processed as a Planned Unit Development. (City Council)
Walls and fences in the GPA area shall be provided as follows:
East of Coffee Road, no theme walls, as defined in the RiverLakes Specific Plan,
shall be required. A standard masonry wall shall be required between residential
development and non-residential development.
Aug 22, ~301
O~tCh~^[
EXHIBIT A
Revised 8-22-01
Mitigation & Conditions
GPA/ZC/RRSPA No. P01-0227
West of Coffee Road, no theme wall shall be required between commercial office
development and Coffee Road.
West of Coffee Road, a standard masonry wall shall be required between
commercial office development and residential development.
East of RiverLakes Drive, no theme wall shall be required for apartment
development.
(City Council)
S:\GPA 2nd Qtr 2001~P01-0227\Staff Report,AdminReports\CoL~ncilRev 8-22-01 Mit and Conditions.wpd
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Aug 22, ,~01
ORIGINAL
EXHIBIT "B"
Map of
Proposed General Plan Amendment No. P01-0227
EXHIBIT B
APPLICATION
GENERAL PLAN AMENDMENT/SPECIFIC PLAN AMENDMENT P01-0227
, .~.,. R2..7E
HMR
LR TO HMR
HMR TO LR
EXHIBIT C
Planning Commission Recommendation
for
General Plan Amendment No. P01-0227
EXHIBIT C
PLANNING COMMISSION RECOMMENDATION
GENERAL PLAN AMENDMENT/SPECIFIC PLAN AMENDMENT P01-0227
HMR
HR TO
LR TO HMR
SR
SR
SR
SR
8R
LR TO OC
HMR TO LR
LR
HMR TO LI
~£GEND
* See GPA P01-0227 Conditions
WALL AND FENC 8,kersfield, cnlifornin
EXHIBIT C(5)