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Home My WebLink AboutRES NO 138-94RESOLVTION NO. 1 3 8 ' 9 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT X OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-94). 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 MONDAY, JUNE 13, 1994 and THURSDAY, JUNE 16, 1994, on Segment X 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 X of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT X: City of Bakersfield Economic and Community Development Deparl~nent has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from P (Public Facilities) to LI (Light Industrial) on 27.53 acres of property located south of State Route 58 freeway and east of Mount Vernon Avenue; 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. 27-94 on June 16, 1994, the Planning Commission recommended approval and adoption of Segment X 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, AUGUST 24, 1994, on the above described Segment X 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 and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. The Kern High School District has agreed to the inclusion of a list of additional specified uses on the amendment and related zone change site, subject to the submittal and approval of a Conditional Use Permit as specified in Section 17.66 of Title 17 (Zoning) of the City of Bakersfield. 5. Conditions of approval attached to the project as Exhibit "A" are included in the project to mitigate impacts. 6. An amendment of the general plan to Light Industrial is compatible with existing designations and development of the site. 7. The recommended general plan amendment is consistent with the Metropolitan Bakersfield 2010 General Plan. 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 X 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. 2 4. The City Council hereby approves and adopts Segment X 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 south of State Route 58 freeway and east of Mount Vernon Avenue, subject to conditions of approval shown on Exhibit "A. 5. That Segment X, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-94. 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 'AUG ! ¢ 1~ by the following vote: AYES: COUNCILMEMBERS McDERMOTT, EDWARDS, OeMOND, SMITH, BtqI~NN~ROWME~ SALYAO~3~O .NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS '~'~ ~ , ~ ~ ~, r . - CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 2 BOMA~ oCf theirsfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: Assistant City Attorney MJM:pjt re~r294s10.cc June 29, 1994 4 EXHIBIT "A" Conditions of Approval General Plan Amendment 2-94, Segment X Zone Change No. 5549 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) Prior to approval of land division or development proposal, an archaeological survey must be completed. Any mitigation resulting from the report shall be implemented prior to recordation of the land division map or development proposal approval. (Mitigation) Public Works Deoartment: Upon further subdivision or development, the developer shall pay to the City fees for his 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: Washington St at Brundage Brundage at SR 58 WB ramp east of Lakeview Ave Mt Vernon Av at SR 58 EB Mt Vernon at SR 58 WB $ 520.00 $ 650.00 $ 19,500.00 $ 9,100.00 (0.4% of $130,000.00) (0.5% of $130,000.00) (15.0% of $130,000.00) (7.0% of $130,000.00) $ 29,770.00 Upon further subdivision or development, the developer shall pay to the City a fee for his proportionate share of the cost of widening and expansion of the signalized intersection of Mount Vernon at East California Avenue which consists of increasing the number of left-turn lanes in each direction to two, and adding a right-turn lane in each direction, and modifying the traffic signal. These improvements are estimated to cost $175,000.00. Based on a project percentage of 1.8%, the project's share of the cost of the cost of the improvements would be $3,150.00. The traffic study and resulting impacts identified in items 3. and 4. above are based on an industrial use mix of light manufacturing, service and warehouse uses of approximately 250,000 square feet that generate vehicle trip ends of 1,732 (as stated in the traffic study), while the land use proposed could allow more or less square footage and resulting traffic generation. The fee per vehicle trip end is $19.00. Should an increase of more than 5% in the vehicle trip ends 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 or at the time of site plan review. Otherwise, the fee of $19.00 per vehicle trip end will be maintained even if the industrial development that is finally created generates less than, or not over 5 % more than the vehicle trip ends proposed so that proportionate local traffic mitigation will be achieved. Exhibit "A" GPA 2-94, Seg. X Zone Change 5549 Page 2 NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Impact Fee's contribution towards the item. At the time of further development or subdivision, the property owner(s) within the GPA area 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. Municipal sewer service to each development, lot, or parcel shall be provided upon further subdivision or development of the property. With the first development or subdivision within the project area, the entire segment of Mount Vernon Avenue adjacent to the GPA area shah be constructed including sidewalk, curb and gutter, and street pavement, and the developer/subdivider shall pay to the City his proportionate share of the costs for a standard landscaped median island. The applicant shall submit a comprehensive drainage study that shah include the entire GPA area. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The drainage study shall be submitted to and approved by the City Engineer and any required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the project area. p:294s10.ea ITl X STAFF RECOMMENDATION GPA 2-94, SEGMENT X _ __ coum~' I si si GATEWAY AVENUE - T29S, R28E SI EAST BRUNDAGE LANE si si j j T~OS, R28£ H/~HWA¥ 58 si EAST BELLE TERRACE O 4.00