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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. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 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". 3 3. 4. 5. 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 10. 11. 12. 13. 14. 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 3 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)