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HomeMy WebLinkAboutRES NO 132-01RESOLUTION NO. 1 8 ~" 0 I RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT P01-0228 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 25, 2001, and THURSDAY, JUNE 28, 2001, General Plan Amendment P01- 0228 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment P01-0228 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P01-0228: SMITHTECH/USA is requesting a General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 147.14 acres and from R-IA to HMR on 10.03 acres being a portion of Section 12, Township 29 South, Range 26 East, MDB&M and generally located between Snow Road, Reina Road, Jewetta Avenue and Allen Road; 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. 91-01 on June 28, 2001, the Planning Commission recommended approval and adoption of General Plan Amendment P01-0228 subject to mitigation measures listed in Exhibit "A" and this Council has fully considered the finding made by the Planning Commission as set fodh 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 P01- 0228 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 ORl"31r, tAL WHEREAS, the Council has considered and hereby makes the following findings: The appeals of the Planning Commission decision filed by Robed L. Mann, Judy Fritch and Larry Morris were duly considered. 2. All required public notices have been given. The provisions of the California Environmental Quality Act 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 Mitigated Negative Declaration was prepared for the project in accordance with CEQA. The proposed project, with exception of the requested HMR land use designation, is consistent with the surrounding land uses. The proposed project, with exception of the requested HMR land use designation, is consistent with the Metropolitan Bakersfield 2010 General Plan. A traffic study was required for the 160 acre portion of the subject site constituting the NW ¼ of Section 12, a part of the original subject site, and mitigation measures were recommended to alleviate traffic impacts. The traffic study is not entirely applicable to the 80 acre portion of the subject site located in the E ¼ of the NW ¼ of S. 12. Applicant's GPNZC amendment application originally included the entire 160 acres of the NW ¼ of S. 12 for which the traffic study was prepared. Applicant later amended the application deleting the W ¼ of the NW ¼ of S. 12 decreasing the size of the GPNZC amendment by approximately 80 acres. Applicant's engineer has submitted correspondence to the City stating that decreasing the site by 50 percent will reduce dwelling units and trip generation by 50 per cent. Also the proportionate share of mitigation will be reduced by 50 per cent. The City agrees with this reasoning. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. 10. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 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. The Negative Declaration for General Plan Amendment P01-0228 is hereby approved and adopted. 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. 4. The requested HMR land use designation is inappropriate for this location. 5. The entire 157.17 acre subject site is suitable for the LR land use designation. The appeals filed by property owners - Robert L. Mann, Judy Fritch and Larry Morris - are upheld. The City Council hereby approves and adopts General Plan Amendment P01-0228 of the proposed amendment to the Land Use Element 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 between Snow Road, Reina Road, Jewetta Avenue and Allen Road, subject to mitigation measures in Exhibit "A". That General Plan Amendment P01-0228, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of t~[~.~GCj~ Q~kersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~-~4~ COUNCILMEMBER k~- COUNCILMEMBER ~ ~ CITY CLERK and Ex Officio C~rk of the Council of the City of Bakersfierd 3 APPROVED /tUG ~, 2001 MAYOR of the City of Bakel~field / APPROVED AS TO FORM: BART J, THILTGEN S:\Dole\P01-0228\CC GPAR.wpd 4 EXHIBIT "A" Mitigation Measures General Plan Amendment/Zone Change P01-0228 and Annexation Plannin De artment: "A buffer zone, as described in the Agricultural Conversion Report, shall be incorporated into the project design where adjacent to agriculture to help ensure minimal cost to the grower" ( Kern County Negative Declaration, GPA Case No. 40, Map No. 101: Amendment of Zoning Map No. 101, Zone Change Case No. 108). In order to be consistent with the City's agricultural buffer zone, the County mitigation measure shall be amended to incorporate City Municipal Code Chapter 17.08, Section 17.08.150 A as follows: "No dwelling or any part thereof shall be placed or constructed within 50 feet of any lot which adjoins property zoned agricultural or residential suburban, unless the property upon which the dwelling is placed or constructed is itself within one of said zones." Section 17.08.150 A, shall replace the County mitigation measure in its entirety. "In an attempt to reduce complaints and unwarranted investigations, the following note of disclosure shall be placed on any subdivision map involving the project site: The property described on this map may be near property used for agricultural operations and occupants may be subject to inconveniences or discomforts arising from such operation at any time. Said discomforts may include, but shall not be limited to, equipment noises, odors from manure and other chemicals, and dust or smoke. Kern County has determined that the use of real property for agricultural operations is a high pdodty and favored use to the Country and will not be considered a nuisance for those inconveniences or discomforts adsing from agricultural operations, if such operations are consistent with accepted customs, standards, and laws" ( Kern County Negative Declaration, GPA Case No. 40, Map No. 101: Amendment of Zoning Map No. 101, Zone Change Case No. 108). With respect to the Norris School District, the applicant (at the applicants discretion) shall either join the Community Facilities Distdct 92-1 (CFD 92-1 ) or pay a fee of $1.66 per square foot at the time of building permit issuance in accordance with government Code section 65995 et seq. With respect to the Kern High School Distdct (at the applicants discretion) shall either utilize the existing development agreement and Covenant Running with the Land (for that portion of the project covered by the agreement) or terminate the agreement and pay the public school facilities fee of $00.76 per square foot as permitted by government code section 65995 et seq. For that portion of the project not covered by the existing agreement the applicant must pay the .school facilities of $00.76 per square foot at the time of building permit issuance ~n accordance with government code section 65995 et seq. Applicant must provide DOG's Bakersfield office with specific development plans showing residential lots relative to well locations. Also, if development is planned within 50 feet of a well Bakersfield DOG office must be contacted. DOG recommends against the placement of buildings over or in proximity of plugged and abandoned wells. Such building activity may make it necessary to plug or replug wells to current DOG specifications. If a plugged and abandoned or unrecorded well is damaged or uncovered dudng excavation or grading, remedial plugging operations may be required. (Department of Conservation, Division of Oil and Gas and Geothermal Resources (DOG)). The landscaping strip along Snow Road, as a minimum, shall conform to the City's landscape standards, Chapter 17.61 Bakersfield Municipal Code. Public Works: 1. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Old Farm Road, Snow Road and Kratzmeyer Road to arterial or collector 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. (Note: Snow Road is currently an a~edal. Should the Circulation Element designation be changed as a result of this or a subsequent General Plan Amendment, then the designation in effect at the time the dedication is provided shall govern.) b. Prepare a conceptual drainage study for the entire area covered by this General Plan Amendment to be submitted to and approved by the City Engineer. This area shall be limited to one sump per 80 acres. Where possible, site the drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. All subsequent developments in this GPA/ZC area shall conform to the approved drainage study. c. With any development of the subject property that is immediately adjacent to the existing irrigation ditch immediately south of Snow Road relocate OR~S ~AL and/or pipe the existing irrigation ditch that is within the area being developed. An irrigation line will not be allowed in the read right-of-way, but must be located outside the right-of-way in the landscape easement or on private property. 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. With this application, the project engineer shall prepare a conceptual circulation study to be submitted to and approved by the City Engineer to vedfy that the property proposed to be HMR can be developed with roadways that meet the City's minimum standards - i.e. BMC 16.28.160 A. "Block Lengths". The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. A traffic study to analyze the impacts of the proposed changes was prepared for this project by Ruettgers & Schuler Civil Engineers. The traffic study determined that local mitigation would be required for the 160 acres covered by the study. Therefor, the applicant is required to provide estimates and compute the fair share fee for the following improvements: a. Reina Road at Jewetta Avenue, east bound and west bound left turn channelization, 14.87% share; b. Allen Road at Hageman Road, south bound left turn channelization, 10.1% share; c. Hageman Road at Jewetta Avenue, north bound left turn channelization, 5.98% share; d. Allen Road at Meacham Road, north bund and south bound left tum channelization, 5.98% share; e. Olive Ddve at Verdugo Lane, install traffic signal, 5.98% share; (NOTE: For item numbers 6. a. through 6. e. and the following Traffic Study Mitigation Measures, the traffic study is not entirely applicable to the 80 acre portion of the subject site. Applicant's GPNZC amendment application originally included the entire 160 acres of the NW % of S. 12 for which the traffic study was prepared. Applicant later amended the application decreasing size of the GPNZC amendment by 50 percent (approximately 80 acres). Applicant's engineer has submitted correspondence to the City stating that decreasing the site by 50 percent will reduce dwelling units and trip generation by 50 per cent (Exhibit "E"). Also the proportionate share of mitigation will be reduced by 50 per cent. The City traffic engineer concurs with this reasoning.) f. Allen Road at Snow Road, install traffic signal, 3.18% share; Kratzmeyer Road at Santa Fe Way, install traffic signal and left turn channelization all directions, 2.83% share; and Allen Road at Kratzmeyer Road, left turn channelization all directions, 8.02% share. Access to Snow Road shall be restricted with minimum spacing between driveways subject to City Standard T-12 and spacing between intersections subject to City Standards T-16 and T-17. Left turns out of local streets will not be permitted except as allowed by Public Works Condition 2. RED S:\Dole\P01-0228\Exhibit A Mitigation.wpd August 1, 2001 (2:33pm) 6/14/01 Tr-ffic Study Mitigation Measures RECOMMENDED MITIGATION A number ofthe facilities in this study fall below a LOS C by the year 2020. The recommended mitigation and the resulting LOS are shown in the following table. Table 6 Traffic Operations Mitigation Analysis Intersection Level of Service Intersection Total Improvements Improvements not Project % Share Required by 2020 * covered by RTIF for Local (Local Mitigation) Mitigation 7th Standard Road Install signal, Add left turn Install signal, Left turn 5.87% Santa Fe Way channelization. NB, SB, WB, EB channelization~ 7th Standard Road Install signal, Roadway widening on Install signal~ 6.30% Allen Road 7~ Standard Road 7th Standard Road Install signal, Roadway widening on Install signal' 4.01% Jewetta Avenue 7u' Standard Road 7th Standard Road Install signal, Roadway widening on .' CalIoway Drive 7~ Standard Road 7th Standard Road Install signal, Roadway widening on -~ Coffee Road 7~' Standard Road 7th Standard Road Install signal, Roadway widening on .~ 99 SB Off ?~ Standard Road Snow Road Install signal Install signal 6.36% Allen Road Snow Road Install signal, Roadway widening and ieft Jewetta Avenue turn channelization, NB, SB, WB, EB Snow Road l~stall signal, Roadway widening and left Calloway Drive turn channelization. NB, SB, WB, EB Ksatzmeyer Road Install signal, Left mm channelization, Install signal, Left turn 5.66% Santa Fe Way NB, SB, WB, EB NB, SB, WB, EB Kratzmeyer Road Install signal, Left turn channelization, Left turn channelization 16.04% Allen Road NB, SB, WB, EB NB, SB, WB, EB ~ 70` Standard has current projects sponsored by the City of Shaftcr and the County of Kern to widen thc roadway to four lanes and improve the interchange with State Route 99. These projects are fully funded through the STIP and ORi.OIr4AL Table 6 (Continued) Traffic Operations Mitigation Analysis Intersection Level of Service Intersection Total Improvements Improvements not Project % Shire Required by 2020 * covered by RTIF for Local (Local Mitigation) Mitigation Kratzmeyer Road Install signal, Roadway widening and I I Jewetta Avenue cl~anneliz~ation Olive Drive Install signal, Roadway widening and Calloway Drive channeli~tion Reina Road Install signal, Left turn channelization. Allen Road NB, SB, WB, EB Reina Road Install signal, Roadway widening and left Left turn channelization 14.87% Jewetla Avenue turn channelization, NB, SB, WB, EB WB & EB Noriega Road Install signal, Widening on Calloway Calloway Drive Drive Hageman Road Install signal, Widening on Hageman Santa Fe Way Hageman Road Install signal, Widen Hageman, Lef~ turn LeI~ turn channelization 10.10% Allen Road channelization on SB Allen on SB Allen Hagernan Road Install signal, le~ turn channelization for Left turn charmelization 5.98% Jewetta Avenue NB Jewetta NB Jewetta Hageman Road Install signal Verdugo Lane Meacharn Road Install signal, Channelization NB & W]3 Channeliz~tion NB & 5.98% Allen Road left turn lane SB left mm lane Olive Drive Install signal, (~onstrucl Olive Drive Install signal 5.98% Verdugo Lane Olive Drive Install signal, ConstIuct Olive Drive Riverlakes Drive Olive Drive Stripe for full lane utilization Coffee Road Hagernan Road Widen Hageman west, Widen Calloway [ Calloway Drive norlh 0F~ICilNAL Table 6 (Continued) Traffic Operations Mitigation Analysis Intersection Level of Service Intersection Total Improvements Improvements not Project % Share Required by 2020 * covered by RTIF for Local (Local Mitigation) Mitigation Rosedale Highway Widen Rosedale Hwy, construct dual left Allen Road tums Et/and WB P, ogedalc }tighway Widcn P, osedale Itwy, construct dual left Calloway Drive tums EB and WB Rosedale Highway Widen Rosedale Hwy, to fully expanded / Coffee Road intersection i ORIOhqAL EXHIBIT B GENERAL PLAN AMENDMENT P01-0228 11 KRATZMEYER ROAD ROAD SNOW ~\£LD..~ © T298, R26E T29S, R27E NORRIS RO~