HomeMy WebLinkAboutRES NO 188-94 .188-94
RESOLUTION NO.
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
V OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 3-94).
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, SEPTEMBER 12, 1994, and THURSDAY, SEPTEMBER 15, 1994,
on Segment V 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 thirty (30) calendar
days before said hearing by publication in the Bakersfield Californian, a local newspaper
of general circulation; and
WHEREAS, such Segment V of the proposed amendment to the Land Use
Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT V:
JIM MARINO for Marino Associates representing Gardiner
Farms has applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan consisting of a
change from R-IA (Resource-Intensive Agriculture) to LR
(Low Density Residential) on 95.91 -- acres. Located north
of Noriega Road to Reina Road, generally west of Jewetta
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. 49-94 on September 15, 1994, the Planning
Commission recommended approval and adoption of Segment V 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, NOVEMBER 16, 1994, on the above described Segment V 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 C~i~pgnian, 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 July 29, 1994, in accordance with CEQA.
4. The public necessity and general welfare justify the change of
designation to LR (Low Density Residential).
type land uses.
The proposed LR designation would allow single family residential
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 V 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 V 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 north of
Noriega Road to Reina Road, west of Jewetta Avenue, subject to conditions of approval
shown on Exhibit "A".
5. That Segment V, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 3-94.
......... 00o ........
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 on
#0¥ ~ {~ t0~ , by the following vote:
AYES: COUNCILMEMBERS Mc~£R~,~O¥', EDWARDS BeMOND, SMITH, 11~118~l, ROWLE$, 9ALVAG(310
NOES: COUNCILMEMBERS [~'1 ~
ABSTAIN: COUNCILMEMBERS ~ r~ ~3, i
ABSENT: COUNCILMEMBERS i~% ~-
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ]tOV 1 6 1~.
BOB P C~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY: ~ /*/~
LAURA C. MARINO
Assistant City Attorney
MO:pjt
October 4, 1994
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EXHIBIT "A"
General Plan Amendment 3-94, Segment V
Zone Change No. 5580
Conditions of Approval
Plannine Department:
1. Habitat Conservation fees for this project will be calculated based on the fee in effect at the time
payable to the Planning Department prior to issuance of an urban development permit (includes
grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21)
for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, applicant will
receive acknowledgement of compliance with Metropolitan Bakersfield Habitat Conservation Plan
(Implementation/Management Agreement Section 3.1.4).
2. Prior to the issuance of a building permit within the project area, the Kern High School District
must be paid the amount of $1.35 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. Prior to issuance of a building permit within the
project area, the Rosedale Union School District must be paid the amount of $6,254.64 for each
residence for the purpose of providing school facilities or such higher amount that is then equal to
such higher amount that may have been lawfully established by RNR Community Facilities
District Number 1 as the amount required to repay its Single Payment and Annual Special Taxes.
Payment will not be required if the District has certified in writing that alternative mitigation
measures have been undertaken with respect to the project to adequately address school
overcrowding.
Public Works Department:
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:
Hageman Rd at Verdugo Ln $ 6,370.00 (4.9% of $130,000.00
Snow Rd at Allen Rd $ 5,200.00
Kratzmeyer Rd at Allen Rd $ 6,500.00
Kratzmeyer Rd at Jewetta Ave $ 11,700.00
Reina Rd at Allen Rd $ 11,700.00
Reina Rd at Old Farm Rd $ 18,200.00
Reina Rd at Jewetta Ave $ 18,200.00
Noriega Rd at A/len Rd $ 7,800.00
Noriega Rd at Old Farm Rd $ 23,400.00
Noriega Rd at Jewetta Ave $ 11,700.00
Noriega Rd at Verdugo Ln $ 7,800.00
*Hageman Rd at Allen Rd $ 3,250.00
Hageman Rd at Old Farm Rd $ 16,900.00
*Hageman Rd at Jewetta Ave $ 6,~ ~n
$ 155,220.00
(4.0% of $130,000.00
(5.0% of $130,000.00
(9.0% of $130,000.00
(9.0% of $130,000.00
(14.0% of $130,000.00
(14.0% of $130,000.00
(6.0% of $130,000.00
(18.0% of $130,000.00
(9.0% of $130,000.00
(6.0% of $130,000.00
(2.5% of $130,000.0£
(13.0% of $130,000.00
(5.0o/0 of $130,000.00
Exhibit "A"
GPA 3-94, Segment V
Zone Change No. 5580
Page 2
Upon further subdivision or development, the developer shall pay to the City a fee for his
proportionate share of the cost of constructing the railroad grade separation of Hageman Road at
the Santa Fe Railroad:
Railroad Sel>aration Proiect %
Hageman Rd at Santa Fe Mainline 1.0%
Total Local Cost Project Cost
$600,000.00 $6,000.00
NOTE: The total local cost is the local share of the construction only, not the total cost of construction.
The traffic study and resulting impacts identified in items 3. and 4. above are based on a
residential density of 500 single family units (as stated in the traffic study), while the land use
proposed could allow more or less residential units. The fee per residential unit is $322.44.
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 $322.44 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.
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. Prior to submitting any tentative subdivision maps or
development plans, a proposal and sewer study for providing that municipal service shall be
submitted to and approved by the City Engineer. The boundary of the study shall also be
approved by the City Engineer and may include areas outside the boundary of the General Plan
Amendment area.
If a new pump station is proposed to provide service for this development in place of feasible
gravity sewers, then the developer shall perform an economic analysis of the operation and
maintenance over the expected life of this pump station and, prior to acceptance by the City of
this pump station, shall pay a fee based on the economic analysis for this station's operation and
maintenance. Any upgrades to the existing sewer system will be the responsibility of the
developer.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Reina Road, Old Farm Road and Noriega Road to collector 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 if deemed necessary by the City Engineer prior to development or
recordation of any subdivision map or certificate of compliance within the GPA area.
Exhibit "A"
GPA 3-94, Segment V
Zone Change No. 5580
Page 3
10.
11.
12.
Reina Road shah be constructed in a maximum of two segments adjacent to the project. Noriega
Road shall be constructed in a maximum of one segment adjacent to the project. Old Farm Road
shall be constructed in a maximum of three segments adjacent to the project.
The applicant shall submit a comprehensive drainage study that shah have the boundaries of Allen
Road, Reina Road, Noriega Road, and Old Farm Road. 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 basin should be located along the western edge
of the GPA area and should be approximatelyhalf-way between Reina Road and Noriega Road to
allow future expansion of the basin for the properties to the west. Final location of the drainage
basin will be subject to the City Engineer's approval based on the comprehensive drainage study.
The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate
construction of the drainage system(s).
The drainage study shah 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.
Paved transitions approved by the City Engineer will be required where new street construction on
Reina Road and Noriega Road meet existing pavement.
If, prior to recordation of a tract map or a phase of a tract map, evidence is presented to the
Public Works Director that roads assumed in the traffic study to be constructed by others have not
yet been constructed and that the tract or phase of a tract proposed for recording would
significantly impact these roads, then the tract map or phase of the tract map will not be
processed for recording until these roads are constructed.
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EXHIBIT B
GENERAL'PLAN AMENDMENT
3-94, SEGMENT V
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