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Home My WebLink AboutRES NO 132-93 132-93 RESOLUTION NO. A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT IV OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-93). 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 THURSDAY, JUNE 17, 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: PORTER-ROBERTSON ENGINEERING representing St. Clair Development has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from HMR (High Medium Density Residential) to LMR (Low Medium Density Residential) on 19.01 acres located southwest of Harris Road and Stine Road; 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 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. 38-93 on June 17, 1993, the Planning Commission recommended approval and adoption of Segment IV 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, APRIL 11, 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. Based on the initial study, staff has determined that the proposed project could not have a significant adverse effect on the environment. A Negative Declaration was advertised and posted on May 11, 1993, in accordance with CEQA. 4. 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 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 approves and adopts 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 at the southwest corner of Harris Road and Stine Road, subject to conditions of approval shown on Exhibit "A." ORIGINAL 5. That Segment IV, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-93. .......... O00 .......... 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 A~ ~. ~. ~ by the following vote: AYES: COONCILMEMBERS McDERMOTr, EDWARDS, DeMOND, SMITH, BRUNNI, R~, SALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS r~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 1 BB2 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MO/pjt July 1, 1993 res/r293s4.cc ORIGINAL EXHIBIT "A" G~neral Plan Amendment 2-93, Segment 1V Conditions of Approval Planning: The applicant shah enter into an agreement with the city to indemnify and defend it against a challenge to any action of the city upon the application. In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). 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 the issuance of a building permit within the project area, $2.65 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: 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, the developer shall pay to the City fees for his proportionate share of future traffic signals in the project area impacted from the project. The signals and the developer's proportionate share are as follows: *Panama Ln at Ashe Rd $ 424.00 Panama Ln at N/S Collector $ 592.00 *Panama Ln at Stine Rd $ 1,016.00 Panama Ln at Akers Rd $ 680.00 Stine Rd at Harris Rd $ 2,216.00 Ashe Rd at Harris Rd $ 1,248.00 *Ashe Rd at District Bird $ 80.00 Stine Rd at Hosking Ave $ 56.00 Stine Rd at Berkshire Rd $ 1,952.00 Harris Rd at Akers Rd $ 1,064.00 Harris Rd at Wible Rd $ 1,040.00 Berkshire Rd at N/S Coil. $ 304.00 Pacheco Rd at Akers Rd $ 216.00 Total $ 10,888.00 (0.28% of $150,000.00) (0.50% of $120,000.00) (0.68% of $150,000.00) (0.57% of $120,000.00) (1.85% of $120,000.00) (1.04% of $120,000.00) (0.05% of $150,000.00) (0.05% of $120,000.00) (1.63% of $120,000.00) (0.89% of $120,000.00) (0.87% of $120,000.00) (0.25% of $120,000.00) (0.18% of $120,000.00) ORIGINAL Exhibit "A" GPA 2-93, Seg. IV Page 2 Upon further subdivision or development, the developer shall pay to the City a fee for his proportionate share of the cost of widening the following canal crossings: Crossing *Panama Lane at Arvin-Edison Canal *Panama Lane at Farmer's Canal Project vrovortionate share 0.22% of $ 300,000.00 = $ 664.00 0.22% of $ 17,000.00 = $ 40.00 TOTAL = $ 704.00 Offers of dedication will be required to allow for the construction of the entire portion of Stine 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. The applicant shah submit a comprehensive drainage study having boundaries of Stine Road, Panama Lane, Farmer's Canal, and Fountain View Way. 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 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. Stine 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 streets with bike lanes. Paved transitions approved by the City Engineer will be required where the construction on Stine Road meets existing pavement. 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. 10. The traffic study and resulting impacts identified in items 1. and 2. above are based on projections of residential density stated in the traffic study, while the land use proposed could allow a higher density than stated in the study. Based on the stated residential dwelling unit density, a local traffic mitigation proportionate fee of $48.00 per dwelling unit shall be charged at the time of building permit. Should an increase of more than 5% in dwelling unit density be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study may be required. Otherwise, the above unit cost per residential dwelling unit shall be maintained irregardiess of the number of dwelling units that are finally created so that proportionate traffic mitigation will be achieved. p:293s4.ea ,EXHIBIT B HARRIS OS-= GPA 2-93, IV LR SCALE IN T30S. R27E / ARVIN-EDISON/ ~ANAMA +9308 HMR 22~ ROAD ~ 20UNTR'~'WOOD MILLBROOK LR , m- HMR LR BLOSSOM VLY. LR HMR! PINE CASTLE AVENUE LR GLENGARY PLACE HMR l~-I HMR MAYBROOK AVENUE 2~ 26 ~,NE ORIGINAL GC ~, CASCADE FALLS CT. ~ MA'FFH',C,- DRIVE