HomeMy WebLinkAboutRES NO 137-94RESOLUTION NO. 1 3 7 - 9 4
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
VII 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
VII 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 VII of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT VII:
Cornerstone Engineering, Inc. has applied to amend the
Land Use Element of the Metropolitan Bakersfield 2010
General Plan consisting of a change from LR (Low Density
Residential) to HMR (High Medium Density Residential)
located west of Wible Road approximately 700 feet south of
Panama Lane;
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. 25-94 on June 16, 1994, the Planning
Commission recommended approval and adoption of Segment VII 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 VII 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 public notices have been given.
2. The provisions of California Environmental Quality Act (CEQA)
have been followed.
3. 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 Negative Declaration with mitigation measures was advertised and
posted on April 29, 1994, respectively, in accordance with CEQA.
4. The proposed HMR land use designation is consistent with the
general plan policies and goals.
5. The public necessity and general welfare justify the change of
designation to HMR.
6. The recommended HMR land use designation would allow for a
variety of residential types and densities.
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 VII 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 VII of the
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 west of
Wible Road approximately 700 feet south of Panama Lane, subject to conditions of
approval shown on Exhibit "A."
5. That Segment VII, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 2-94.
3
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City .of_Baker. s_field at a regular meeting thereof held
A0~ ~ 4 ~ by the following vote:
AYES: COUNCILMEMBERS Mc~DERMOTF, E~5, DeMO~D, SMITH, B811#~7, ROWLES, S,~,LYAGG, K)
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBER~
AI~ENT: C.,OUNGILMEMBEFIS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 4 ~[
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY
BY:
Assistant City Attorney
MO:pjt
res\r294s7.cc
June 28, 1994
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-94, Segment VII
Zone Change 5563
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 the issuance of a building permit within the project area, the Kern High School District
and Panama-Buena Vista School District must be paid the amount of $3.65 per square foot of
assessable space (as defined in Section 65995 of the Government Code) 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)
Prior to approval of any land division or building permit application, an archaeological survey
must be completed by the developer. Any mitigation resulting from the report shall be
implemented by the developer prior to recordation of any land division or application for any
building permit. (Mitigation)
Traffic Division Mitieation Measures
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:
Panama Ln at Akers Rd
*Panama Ln at SB SR 99
*Panama Ln at NB SR 99
Wible Rd at Harris Rd
Wible Rd at tlosking Ave
$ 1,560.00
$ 1,800.00
$ 1,500.00
$ 3,510.00
$ 1,560.00
$ 9,930.00
(1.2% of $130,000.00)
(1.2% of $150,000.00)
(1.0% of $150,000.00)
(2.7% of $130,000.00)
(1.2% of $130,000.00)
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the Panama Lane overcrossing of State Route 99.
Based on an estimated cost of $1,800,000.00 and a project share of *1.2%, the project's
proportionate share of the cost is $21,600.00.
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of widening the Wible Road crossing of the Arvin-Edison Canal.
Based on an estimated cost of $300,000.00 and a project share of *0.3%, the project's
proportionate share of the cost is $900.00.
NOTE: * indicates adjustments have been made on these items to account for the Regional
Transportation Impact Fee's contribution towards the item.
Exhibit "A"
~enernl Plan Amendment Z-gk_ .qec~. VII
Zone Change No. 5563
Page 2
10.
11.
12.
13.
The traffic study and resulting impacts identified in items 4., 5. and 6. above are based on a
residential density of 256 multi-family units, while the land use proposed could allow more or less
residential units. The fee per residential unit is $126.68. 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 or at the time of
site plan review. Otherwise, the fee of $126.68 per dwelling unit 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.
Offers of dedication will be required to allow for the construction of the entire portion of WiNe
Road within the project area to arterial standards. Such offers shall 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 project area, the west side (southbound) of WiNe Road and
a minimum of one lane on the east side (northbound) of Wible Road shall be constructed.
Construction shall include street pavement, curb and gutter, and sidewalk, with paved transitions
approved by the City Engineer where the construction on Wible Road meets existing pavement.
The Developer may either construct the median island in Wible Road or pay the proportionate
cost to the City for its construction.
WiNe Road is a future bikeway on the "Bikeway Master Plan" of the 2010 General Plan and shah
be constructed as required by the 2010 General Plan for arterial streets with bike lanes.
The applicant shall submit a comprehensive drainage study having boundaries of Panama Lane,
Wible Road, Akers Road, and the Arvin Edison Canal. 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 applicant shall initiate proceedings to form a Planned
Drainage Area if necessary to facilitate construction of the drainage system.
The drainage study shah be submitted to and approved by the City Engineer and the 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.
The applicant shall submit a comprehensive sewerage study of the entire project area. The
sewerage study should include, but not necessarily be limited to, sewerage calculations, pipe sizes
and locations, and proposed invert elevations.
The sewerage study shall be submitted to and approved by the City Engineer prior to recording of
any subdivision map or certificate of compliance or submittal of any development plan within the
project 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.
p:294s7.ea
EXHIBIT B
GENERAL PLAN AMENDMENT
2-94, SEGMENT VII
LR
N
T30S, R27E
ROCKFORD AVENUE
~ [ HMR
~ LR ,.n
._, I o LOYALTO N AVENUE
0
] HMR
LR
PANAMA
GO
LR
o~ L.....~TOMLIN SON ST.
~ LR
GC ~: LR
24
26
25
LR
LANE
GC
LMR
C/TY
LR