HomeMy WebLinkAboutRES NO 177-93RESOLUTION NO. ~' 7 7 "9 3
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND DENYING SEGMENT IV
OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 3-93).
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, SEPTEMBER 13, 1993, and THURSDAY, SEPTEMBER 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:
TELSTAR ENGINEERING REPRESENTING
CARRIAGE HOMES has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from SR (Suburban Residential) with
a condition of 18,000 square feet minimum lot sizes to SR
(Suburban Residential - _< 4 dwelling units per net acre) on
seven acres;
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
ORiGiNAL
WHEREAS, by Resolution No. 52-93 on September 16, 1993, the Planning
Commission recommended denial of Segment IV subject to mitigation 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 10, 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
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. The California State Legislature enacted Senate Bill 1287 that
preempts the City's ability to impose above and beyond the $1.65 per square feet for
residential fees plus the additional $1 per square feet that may be imposed by the school
districts.
4. Based on the initial study, staff has determined that the proposed
project, as recommended, could not have a significant effect on the environment. A
Negative Declaration was advertised on August 18, 1993, posted and mailed to
surrounding property owners on July 27, 1993, in accordance with CEQA.
5. The California Archaeological Inventory has determined that further
archaeological investigation is required for the site.
6. The proposed amendment to the Land Use Element is not
compatible with the existing zoning and land use designations surrounding and adjacent
to the site.
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
ORIGINAL
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 denies 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 1,200 feet north of
Brimhall Road and 300 feet east of Jewetta Avenue, subject to mitigation measures in
Exhibit "A."
5. That Segment IV, denied herein, be combined with other segments
described in separate resolutions, to form a single Land Use Element Amendment, GPA
3-93.
.......... 000
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
#0¥ ~ D ~ by the following vote:
A~ES: COUNCILMEMbERS f,~i~R'T, EDW. ARDS, [D~ND, .SMITH, BRUNNI, ROWLES, ,SALVA~431G
I~ES: COUNGILMEMBERS
ABSTAIN: COUNCILMEMBERS ~_[3"Y~ ,,
ABSENT: COUNCILMEMBER~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAYOR of the City of Bakersfield
APPROVED as to form:
X/AWRENCE M. LUNARDINI ~
CITY ATTORNEY of the City of Bakersfield
MO:pjt
res\r393s4.cc
October 26, 1993
ORtGJNAL
EXHIBIT "A"
General Plan Amendment 3-93, Segment IV
Prezoning #5499
Recommended Mitigation Measures
Planning 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.
Prior to approval of any land division, an archaeological survey must be completed. Any mitigation
resulting from such report shall be implemented prior to recordation of the land division map.
Prior to the issuance of a building permit within the project area, $3.48 per square foot of assessable
space, as defined in Section 65995 of the Government Code, shall be paid for the purpose of
providing school facilities.
Public Works Department:
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 within thc project area, thc dcvelopcr shall pay to the City
fees for his proportionate share of future traffic signals and State Highway road construction in the
project area. The percentages shown were determined from the traffic study submitted for Tentative
Tract 5597 which proposed 13 lots in the GPA area. If more than 13 lots are proposed in a future
subdivision, then the per lot fee indicated below shall be maintained so that proportional traffic
mitigation is achieved. The improvements and the developer's proportionate share are as follows:
Signals:
1. Rosedale at Calloway, modify signal:
2. Jewetta at Palm, new signal:
3. Palm at (?alloway, new signal:
4. Calloway at Brimhall new signal:
5. Brimhall at Jewetta, new signal:
State flighway Road Segments:
1.
3.1% x $50,000 = $1,550.
0.7% x $120,000 = $840.
0.8% x $120,000 = $960.
*0.2% x $120,000 = $240.
*0.1% x $120,000 = $120.
Rosedale Hwy east of Calloway; 78 new trips generated for this segment. One new
lane is 8000 trip capacity. 78/8000 = *0.8% x $240,000 ($150,000/lane mile, 1 lane
each direction) = $1,960.
Rosedale Hwy west of Calloway; 34 new trips generated for this segment. 34/8000
= *0.3% x $240,000 ($150,(100/1an¢ mile, I lane each direction) = $720.
Based on the above local traffic mitigation, a fee shall be paid at the lime of building permit of
$491.54 per dwelling unit for all dwelling units within the GPA area.
At the time of further dcvekrpment 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.
ORIGINAL
Exhibit "A"
GPA 3-93, Seg. IV
Page 2
Municipal sewer service to each development, lot, or parcel shall be provided upon further subdivision
or development of lhc property. Prior to review of any improvement plans or development plans, a
proposal and sewer study for providing that municipal service to the entire project area shall be
submitted to and approved by the City Engineer.
If a new pump station is required to provide service for this development, 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 responsibilily of the developer.
'l~he applicant shall submit a comprehensive drainage study with boundaries of Brimhall Road, J ewetta
Avenue, Palm Avenue, and the projection of the west line of Tentative Tract 5417. The drainage
study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations,
the drainage basin size, and construction phasing. The applicant shall initiate proceedings to form
a Planned Drainage Area if necessary to facilitate construction of the drainage ~stem.
The drainage study shall be submitted to and tipproved 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 review of any dcvelopmcnl plan or improvement plan within the
project area.
Birchhaven Avenue shall be constructed between Jewetta Avenue and the project area at the time of
further subdivision or development of the project area.
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ORIGINAL
EXHIBIT B
GENERAL PLAN AMENDMENT
3-93, SEGMENT IV
SR
SR
PINEHAVEN AVENUE
$R
CEDARHAVEN AVENUE
SR
BIRCHAVEN AVENUE
$R
I
I
I
25
~6
T29S, R26E
LE
PALM AVENUE
I
.
I
?~..//.~sR (~8,ooo)~?y./.'.~ I
$R
SHm t AB~GER ROAD
SR
sR U~,ooo) N- ...........
,- ....."~--'--]I
SR
~c J
i
~o i
BRIMHALL ROAD O
T29S, R27E
LR FOUR BEARS DR.
OS--P
LR
ORIGINAL