The URL can be used to link to this page

Home My WebLink AboutRES NO 173-01RESOLUTION NO. 1 ? 3 - 0 I RESOLUTION MAKING FINDINGS ADOPTING A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT NO. P01-0520 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN LOCATED NORTH OF REINA ROAD TO SNOW ROAD GENERALLY BE'I'WEEN ALLEN ROAD AND JEWETTA AVENUE. (GPA P01-0520) 0Nard 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, September 17, 2001, and THURSDAY, September 20, 2001, on the proposed General Plan Amendment No. P01-0520 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 cimulation; and WHEREAS, such General Plan Amendment No. P01-0520 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P01-0520: Centex Homes has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes to the Land Use designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 117.08 acres located north of Reina Road to Snow Road, generally between Allen Road and Jewetta Avenue; 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 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 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. 121-01 on September 20, 2001, the Planning Commission recommended approval and adoption of a portion of General Plan Amendment No. P01-0520 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, November 14, 2001, on the above described General Plan Amendment No. P01-0520 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 twenty (20) 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: The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. P01-0520 was recommended for approval by the Planning Commission. That this project was the subject of a Negative Declaration and the entire environmental record is hereby adopted and incorporated herein by reference. That the requested General Plan Amendment No. P01-0520 to amend the Metropolitan Bakersfield 2010 General Plan was recommended for approval by the Planning Commission from R-iA (Resource intensive Agriculture) to LR (Low Density Residential) on 117.08 acres with mitigation measures and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the proposed development. 7. The project site is being annexed to the City of Bakersfield. As to General Plan Amendment No. P01-0520 to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 117.08 acres, located north of Reina Road generally between Allen Road and Jewetta Avenue, subject to mitigation and conditions of approval. 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 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. 2 The Negative Declaration for General Plan Amendment No. P01-0520 is hereby approved and adopted. The City Council hereby approves and adopts General Plan Amendment P01-0520 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting of changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property located north of Reina Road, generally between Allen Road and Jewetta Avenue, subject to conditions of approval shown on Exhibit "A". File the Notice of Determination. Upon approval and adoption of the project, the Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the State CEQA Guidelines adopted pursuant thereto. That General Plan Amendment No. P01-0520, approved herein, be combined with other approved cases described in separate resolutions, 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 NOV 1 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~'-~-~ COUNCILMEMSER ~'..c~.~..~ CITY CLERK and Ex O~il~io Clerk of the Council of the City of Bakersfield MORE SIGNATURES ON NEXT PAGE 3 APPROVED NO~ l_& ?.~0~ MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY ViRGiNi&YGEN NARCO · Deputy City Attorney MO:pah S:\GPA3rdQtr200%P01~)520\Resolutions\CC gpa res.wpd 4 EXHIBIT A CONDITIONS - MITIGATION MEASURES General Plan Amendment/Zone Change No. P01-0520 Archaeoloaical: No amhaeological resources were identified on the site. However, if archaeological resources are encountered during the course of land modification and or construction, then activities in the immediate area shall halt and a qualified archaeologist shall be consulted for further evaluation. Any recommendations from the qualified archaeologist shall be preformed prior to resuming construction. (Mitigation Measure) Water Resources: If water service requirements exceed the capability of the California water Service Company's existing facilities or if the extension of facilities is necessary, service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure) Sewera(~e: The project site is within the boundaries of County Service Area 71 and the North of River Sanitary Districts's regional wastewater treatment plant has the capacity to serve the project site subject to payment of applicable fees and adherence to District specifications. (Mitigation Measure) Geothermal Resources: Compliance with the requirements of the Department of Conservation/Division of Oil Gas and Geothermal Resources with respect to existing plugged and abandoned wells on the project site. (Mitigation Measure) Public Works: Since the proposed land uses are consistent with uses allowed in the Western Rosedale Specific Plan, the changes are also consistent, from a traffic impact standpoint. A letter is on file from the County Road Department director providing evidence that these impacts are currently addressed by the Regional Transportation Impact Fee program and hence no further study is required for this GPA. (Condition) GPNZC P01-0520 Exhibit A Condition-Mitigation Page 2 On the above basis, the improvements provided in the Regional Traffic Impact Fee program will satisfactorily mitigate traffic impacts with the changes proposed. Based upon this information and the June 12, 2001, letter from Centex Homes, we recommend the conditions of approval include the following: For all areas within the annexation and GPA/ZC boundaries, all development will be subject to the current Regional Traffic Impact Fee in place at time of development. (Condition) If irrigation canals or ditches will be within the ultimate street rights of way, then the applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of-way in the landscape easement or on private property. (Condition) Whenever any road crosses any canal within this project area, the applicant shall construct the culvert, bridge, etc. full width to the ultimate width of the roadway within the project area. (Condition) With the first tentative map submittal, site plan review, application for a lot line adjustment, or other development approval within the GPNZC area, the applicent shall provide fully executed offers of dedication for Jewetta Avenue, Allen Road, and Kratzmeyer Road to arterial standards for the full frontages of the GPA/ZC areas. 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. submit a comprehensive drainage study to be reviewed and approved by the City Engineer. Drainage areas for retention basins are normally not less than 80 acres. (Condition) Access to arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access points (streets or drives) 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. (Condition) S:\GPA 3rd Qtr 2001 \P01-0520\Staff Report,Admin\Condi, Mitigation.wpd EXHIBIT "B" GENERAL PLAN AMENDMENT P01-0520 2 11 KRAT-ZMEYER ROAD ROAD SNOW RJ, A LR tY o R.4A NORRIS RO~ T298, R26E T298, R27E