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Home My WebLink AboutRES NO 176-93RESOLUTION NO. 1 7 6" 9 3 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT III 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 and THURSDAY, SEPTEMBER 16, 1993 and continued to MONDAY, OCTOBER 4, 1993 and THURSDAY, OCTOBER 7, 1993 on Segment IlI 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 lII of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT IIl: and BRAD WHEELAN representing Turman Associates and Pasquini Engineering for Alfred Louie, Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from SR (Suburban Residential - -< 4 dwelling units per net acre) to LR (Low Density Residential - -< 7.26 dwelling units per net acre) on 36 acres, located north of McKee Road, east of Stine Road: 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. 50-93 on October 7, 1993, the Planning Commission recommended approval and adoption of Segment III 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 ORIGINAL 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 III 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 CEQA have been followed. 3. Based on the initial study, staff has determined that the proposed project, as recommended, will not have a significant effect on the environment. A Negative Declaration was advertised and posted on July 27, 1993. 4. Conditions of approval attached to the project as Exhibit "A" are included in the project to mitigate impacts. 5. The proposed amendment of the General Plan is compatible with existing designations and development adjacent to the site. 6. The California State Legislature enacted Senate Bill 1287 that preempts the City's ability to impose mitigation above and beyond the $1.65 per square foot for residential fees plus the additional $1 per square foot that may be imposed by the school districts. 7. The proposed General Plan Amendment is consistent with the Metropolitan Bakersfield 2010 General Plan policies and goals. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment lIl is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 2 4. The City Council hereby approves and adopts Segment III of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B," attached hereto and incorporated as though fully set forth, for property generally located northeast of McKee Road and Stine Road, subject to conditions of approval shown on Exhibit "A". 5. That Segment Ill, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 3-93. .......... 000 .......... 3 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfi_e_[d at a regular meeting thereof held 1~0¥ ~ ~ ~ by the following vote: AYES: COUNCi~ D~:: ' * c.: ': ' ' T':' E OWARDS, 0 ;MCND SM,'TH, ~1~, ROWLE$, SALVAGGIO NOES: COUNCIl.; ABSTAIN: C~,~JI.,.,,: · c.. ,...~RS ASSENT; COUNCtLMEMBERS ~.L~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED Ii~/ ~. 0 ~a BOB PRICE MAYOR of the City of Bakersfield CITY ATTORNEY of the City of Bakersfield MO:pjt res\r393s3.cc October 18, 1993 4 EXHIBIT "A" Conditions of Approval General Plan Amendment 3-93, Segment III Planning Department: In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a 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 llabitat Conservation Plan (MBIICP). 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. Prior to approval of any land division, an archaeological survey must be completed. Any mitigation resulting from the report shall be implemented prior to recordation of the land division. The developer shall pay, prior to the issuance of a building permit for those dwelling units in excess of 47 residential units within Assessor's Parcel No. 373-051-36, $3.65 per square foot of assessable space, as defined in Section 65995 of the Government Code, for the purpose of providing school facilities. The remaining 47 residential units within Assessor's Parcel No. 373- 051-36 will be required to pay the statutory school facilities fees at the lime of issuance of a building permit. Prior to the issuance of a building permit on the remaining area (A.P.N. 373- 051-13, 373-051-35, 373-051-10 and 373-051-1 l), $3.65 per square foot of assessable space, as defined in Section 65995 of the Government ('ode, shall be paid for the purpose of providing school facilities. Public Works Department: At the time of future subdivision, a local traffic study to determine the local traffic impacts and corresponding mitigation for these impacts will be required. Alternatively, the subdivider may pay a fee of $750 per gross acre for traffic signals in the area plus his proportionate share of the cost of the following: Traffic Signal at SB St. Rt. 99 ramp and Panama Lane Panama Lane overcrossing of St. Rt. 99 St. Rt. 119 overcrossing of St. Rt. 99 Stine Road crossing of the Arvin-Edison (?anal Akers Road crossing of the Arvin-Edison Canal 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 servicc 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 to the project area shall be submitted to and approved by the City Engineer. ORIGINAL Exhibit "A" Page 2 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 responsibility of the developer. Offers of dedication will be required to allow for the construction of the enlire portion within the project area of Stine Road to arterial standards and of McKee 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 prior to development or recordation of any subdivision map or certificate of compliance within the GPA area. A drainage study sholl be submitted for this area and shall have the boundaries of Stine Road, McKee Road, and Tentative Tract 5683. The drainage basin for this area shall be located along the northerly boundary of the project area to allow the basin to be expanded for the drainage from Tentative Tract 5683 north of the project. 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 or improvement plan within the project area. The applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system. Stinc Road is a bikeway on the "Bikeway Master Plan" of the 2010 General Plan and shall be constructed as required by the 2010 General Plan for streets with bike lanes. Paved transitions approved by the City Engineer will be required where new street construction on Stine Road and McKee Road meet existing pavement. p:393~.ea ORIGINAL EXHIBIT B -~Y"ZO NA OF{, HIGH SCHOOl., LR GENERAL PLAN AMENDMENT 3-93. SEGMENT III LR C/TY' $R HMR ~4 ER %. SR McKEE ROAD LR LR T$OS, R27E O~I~INAL