HomeMy WebLinkAboutRES NO 22-94RESOLUTION NO. 2 2 - 9 4
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING SEGMENT IV OF
PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(LAND USE ELEMENT AMENDMENT 4-93).
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, DECEMBER 13, 1993 and THURSDAY, DECEMBER 16, 1993, on Segment IV of a
proposed amendment to the Land Use Element 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 Segment IV of the proposed amendment to the Land Use
Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT IV:
MARTIN-MCINTOSH, agent for Castle and Cooke Development
Co., has applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan consisting of a change
from HR (High Density Residential, > than 17.42 and _< 72.6
dwelling units per net acre) to GC (General Commercial) on 25 _+
acres generally located at the northeast corner of Panama Lane
and Ashe Road;
and
WHEREAS, for the above-described Segment, 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. 70-93 on December 16, 1993, the Planning
Commission recommended approval and adoption of Segment IV 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, FEBRUARY 9, 1993, on the above described Segment IV 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
OR)~I,~AL
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been given.
been followed.
The provisions of California Environmental Quality Act (CEQA) have
3. The proposed general plan amendment will not have a significant adverse
effect on the environment.
4. The proposed general plan amendment will be compatible with existing
and future development in surrounding areas and the project areas.
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 for Segment IV is hereby approved and adopted.
3. 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 southerly 18-acres net is changed to GC (General Commercial).
5. The City Council hereby approves and adopts Segment IV 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 generally at the northeast corner of
Panama Lane and Ashe Road, subject to conditions and mitigation measures in Exhibit "A."
6. That Segment IV, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element Amendment,
GPA 4-93.
.......... o0o ..........
ORIGINAL
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
FF~ 0 9 ~ by the following vote:
AYES: COUNCILMEMBERS McDERMOTt, E~, DeMOND, SMITH, BRUNNI,
NOES: COUNCILMEMBEI~S _. ~.~
AB,~TAIN; COUNCILMEMBERS
Assinfant CITY CLERK and Ex Officio Cler'-t~of the
Council of the City of Bakersfield
APPROVED FEB 0 9 l~Jt.
BOB PRI~2E '
MAYOR of the City of Bakersficld
APPROVED as to form:
JUDY $KOUSEN
AC~/b~ITY ATTORNEY
MMC:pjt
res\r493S4.CC
March 28, 1994
of the City of Bakersfield
3
ORIGI~]AL
EXHIBIT "A"
Conditions of Approval
GPA 4-93, Segment IV
Zone Change No. $$17
Planninz Department:
In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit
fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground
disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for
the Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation)
Applicant shall cause an archaeological survey to be prepared. Any mitigation resulting from said
survey shah be implemented prior to recordation of a subdivision map or in the event there is not
a subdivision map prior to applying for a building permit. (Mitigation)
Public Works Deoartment:
Offers of dedication will be required to allow for the construction of the catire portion within the
project area of Panama Lane and Ashc Road to arterial standards. Such offers shah include
sufficient widths for expanded intersections and additional areas for landscaping as directed by the
City Engineer. The offers of dedication, fully executed, shall be submitted to the City prior to
development or recordation of any subdivision map or certificate of compliance within the GPA
area.
With the first development within the GPA area, Ashe Road shall be constructed from Panama
Lane to Harris Road. Construction shall consist of full width improvements on the east side
(northbound), a full landscaped median island, and 16 feet of pavement on the west side
(southbound). The Panama Lane frontage shall be constructcd in one segment in accordance with
the provisions of Agreement 87-84 and as required by the City Engineer.
Drainage provisions for the project area shall be in accordance with the master drainage study
previously submitted and approved by the City Engineer for the Silver Creek area.
Sewerage provisions for the project area shall be in accordanco with the master sewer study
previously submitted and approved by the City Engineer for the Silver Creek area.
Panama Lane and Ashe Road are bikeways on the "Bikeway Master Plan" of the 2010 General
Plan and shall be constructed as required by the 2010 General Plan for streets with bike lanes.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
Upon further subdivision or development, the developer shah pay to the City fees for his
proportionate share of future traffic signals in the project area. The signals and the developer's
proportionate share are as follows:
$ 16,900.00
$ 46,540.00
$ 9,750.00
$ 4,810.00
$11,700.00
Ashe Rd at District Bird
Ashe Rd at Harris Rd
Gosford Rd at Harris Rd
*Gosford Rd at Pacheco Rd
*Gosford Rd at Panama Ln
(13.0% of $130,000.00)
(35.8% of $130,000.00)
(7.5% of $130,000.00)
(3.7% of $130,000.00)
(9.0% of $130,000.00)
ORIGINAL
Exhibit "A"
GPA 4-93, Segment IV
ZC 5517
Page 2
10.
11.
Panama Ln at Progress Rd
Panama Ln at Reliance Dr
*Panama Ln at Ashe Rd
*Panama Ln at Stine Rd
Stine Rd at Harris Rd
Panama Ln at Akers Rd
*Panama Ln at SB 99 ramp
*Panama Ln at NB 99 ramp
$ 11,050.00
$ 32,240.00
$ 27,300.00
$12,090.00
$ 6,500.00
$19,500.00
$ 1,300.00
$ 1,300.00
$ 200,980.00
(8.5% of $130,000.00)
(24.8% of $130,000.00)
(21.0% of $130,000.00)
(9.3% of $130,000.00)
(5.0% of $130,000.00)
(15.0% of $130,000.00)
(1.0% of $130,000.00)
(1.0% of $130,000.00)
12.
13.
Upon further subdivision or development, the developer shah pay to the City a fee for his
proportionate share of the cost of widening the *Panama Lane overcrossing at Stat~ Route 99.
The proportionate share was calculated at 0.85% which, based on the estimated cost listed in the
Regional Traffic Impact Fee Ordinance of $1,800,000.00, yields a proportionate cost of $15,300.00.
The traffic study and resulting impacts identified in items 8. and 9. above are based on projections
of commercial square footage and uses stated in the traffic study, while the land use proposed
could allow more commercial square footage than stated. The stated commercial square footage is
272,250 square feet of retail commercial. The above local traffic mitigation fee equals $0.80 per
square foot for the proposed retail commercial use. Should an increase of more than 5% in the
retail commercial square footage be proposed for any specific project within the project area, then
a review and possible revision to the traffic study shall be required at site plan review. Otherwise,
the above unit cost per retail commercial square foot shall be maintained even if the commercial
square footage that is finally created is less than, or no more than 5 % greater than that proposed
so that proportionate local traffic mitigation will be achieved.
With construction of Panama Lane and Ashe Road, traffic signal interconnect conduit, conductor
and pull boxes shall be installed to City Standards by the developer. Installation shah be along
the east side of Ashe Road from Panama Lane to Harris Road and along the north side of
Panama Lane from the west side of Ashe Road to the east project boundary.
If at the time of development a traffic signal or signals (other than the signal at the intersection of
Ashe Road and Panama Lane) are proposed to serve the project, then a maintenance district shah
be formed over the GPA area to pay for the annual operation and maintenance costs of the traffic
signal(s) prior to approval of the traffic signal construction plans.
Maintenance District Cost. The owners of the property will be assessed maintenance district cost
based on the present R-3 zoning district, so that there will not be any increase in maintenance
district cost to other property owners within the district.
p:493s4.ea
ORIGINAL
HMR
GPA 4-93,
SEGMENT
IV
LR
EXHIBIT "B"
LR
HARRIS
LR
SANTO DOMINGO
LR
HR
ROAD
LR
T30S, R27E
PANAMA
28
27
LANE
LR
LR
ORIGINAL