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Home My WebLink AboutRES NO 67-94 67-94 RESOLUTION NO. 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 1-94). 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 MARCH 17, 1994 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 for Castle & Cooke Homes, Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from GC (General Commercial) to LR (Low Density Residential, maximum 7.26 DU/net acre) on 14 -+ acres located at the southeast corner of Brimhall Road and Calloway Drive; 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 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. 15-94 on March 17, 1994, 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, MAY 18, 1994, on the above described Segment IV of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 0~;~. 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 and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of California Environmental Quality Act have been followed. 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. 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 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 at the southeast corner of Brimhall Road and Calloway Drive, subject to conditions of approval shown on Exhibit "A" and mitigation measures in Exhibit "A." 5. That Segment IV, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-94. .......... 000 .......... 2 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 I~ff I8 1,q9~, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~ ! $ 1~ BOMA~ o~~ k~~c f~/Ba~kk elsfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATYORNEY of the City of Bakersfield BY: MJM:pjt reset 194s4.cc March 25, 1994 EXHIBIT "A" Conditions of Approval General Plan Amendment 1-94, Segment IV Zone Change No. 5543 Planning Department: In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBttCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities. (Mitigation) Prior to the issuance of a building permit within the project area, the Kern High School District and Fruitvale School District must be paid the amount of $3.65 per square foot of assessable space (as that term is defined in Government Code Section 65995) for each residence for the purpose of providing school facilities. This amount will increase in even-numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which increase will be effective as of the date of that meeting. This payment will not be required if the Kern High School District has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. (Mitigation) Applicant/developer shall dedicate park land or contribute in-lieu fees to the North Bakersfield Recreation and Park District. (Mitigation) The developer shall provide a minimum of 10 feet of landscaping outside the road right-of-way along the south (as realigned) side of Brimhall Road, between Coffee Road and Calloway Drive. (Mitigation) Public Works Department: Upon further subdivision or development, the developer shall pay to the City fees for the proportionate share of future traffic signals in the project area impacted from the potential increase in trip generation between the proposed land use and the existing land use. The signals and the developer's proportionate share are as follows: *Brimhall Rd at Calloway Dr $ 910.00 Calloway Dr at Palm Ave $ 1,300.00 *Brimhall Rd at Jewefta Ave $ 650.00 Brimhall Rd at Harvest Crk $ 1,820.00 Calloway at future street $ 1,950.00 south of Brimhall Calloway at WB Kern Riv $ 1,950.00 Fwy Ramps (north side) Calloway at EB Kern Riv $ 1,170.00 Fwy Ramps (south side) (0.7% of $130,000.00) (1.3% of $130,000.00) (0.5% of $130,000.00) (1.4% of $130,000.00) (1.5% of $130,000.00) (1.5% of $130,000.00) (0.9% of $130,000.00) $ 9,750.00 Exhibit "A" GPA 1-94, Segment IV ZC 5543 Page 2 Upon further subdivision or development, the developer shall pay to the City a fee for the proportionate share of the cost of widening the following intersections. The cost of the widening will be determined from an estimate provided by the developer and approved by the City Engineer. Intersection St Rt 58 at Coffee Rd St Rt 58 at Calloway Dr Stockdale Hwy at Calloway Dr Proiect percentace 0.1% 0.3% 0.4% Upon further subdivision or development, the north/south street identified as Gandola Drive (along the current Calloway Drive alignment) shall be reconstructed so as to not connect to Brimhall Road. An offer of dedication will be required to allow for the construction of Brimhall Road within the project area in accordance with the requirements of the City Engineer. The offer of dedication shall be submitted to the City upon development or recordation of any subdivision map or certificate of compliance within the (SPA area. At the time of further development or subdivision, the property owner(s) within the GPA area of any areas not already within a maintenance district shall request to be annexed to an existing maintenance district or request creation of a new maintenance district for their property. 10. The traffic study and resulting impacts identified in items 5. and 6. above are based on a residential density of 72 single family units (as stated in the traffic study), while the land use proposed could allow more residential units. The fee per residential unit is $135.42 plus the proportionate amount determined for item 6. above. Should an increase of more than 5% in the residential units be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study shall be required at tentative map submittal. Otherwise, the fee of $135.42 per dwelling unit plus the fee resulting from item 6. above will be maintained even if the residential units that are finally created are less than, or no more than 5% greater than that proposed so that proportionate local traffic mitigation will be achieved. NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Impact Fee's contribution towards the item, p:194s4.ea BRIMHALL EXHIBIT B STAFF RECOMMENDATION GPA 1-94, SEGMENT IV LR SR ROAD N LR _/ LR THIcoS~OOD LR ~_~INDCREEK COURT LR BRO0~ LR FOXGLEN COURT RAVENROCK DRIVE ~ LR j!// ~_-- LR RAVENWOOD DRIVE [~ LR ~ Z %~OROS.,RE WAY o r...) WATERBURY DRIVE: LR SCALE IN FEET T29S, R27E 39~