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Home My WebLink AboutRES NO 62-93RESOLUTION A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VIII OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 1-93). 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, MARCH 18, 1993, on Segment VIII 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 VIII of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VIII: SIMPSON-VANCUREN, INC., agent for Ernest Antongiovanni, has applied to amend the Land Use Elemenl of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential) TO GC (General Commercial) on 20 gross acres at the northeast corner of Buena Vista Road and Panama Lane. and WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was deteJmined 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. 19-93 on March 18, 1993, the Planning Commission recommended approval and adoption of Segment VIII 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 ORI(;iNAL 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, MAY 12, 1993, on the above described Segment VIII 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. The proposed General Plan Amendment will not have a significant adverse effect on the environment. 4. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. 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 VIII 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 VIII 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 corner of Panama Lane and Buena Vista Road, subject to conditions of approval and mitigation measures shown in Exhibit "A". 2 ORIGINAL 5. That Segment VIII, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-93. 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: COUNCILMEMBERS: EBWARr'JS, DeMOND, SMITH, 8RUNN], KANE, McDERMOTT SALVAGGtO NOES: COUNCILMEMBERS. ABSENT GOUN~LN~EMBERS _ ABSTAIN COUNCILMEM[~ERS' CITY (fLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED I~/~Y 1 ~ !~ BOB ~I~RICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MG:pjt April 12, 1993 res\r193sS.cc ORiGiNAL Exhibit A Recommended Mitigation Measures and Conditions of Approval General Plan Amendment 1-93, Segment VIII Zone Change No. 5425 NOTE: Impact 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) A field survey must be conducted by a qualified archeologist to determine if any archeological resources are present on the entire project site and to determine recommendations if any such resources are discovered. This study must be submitted with any application for a subdivision map on the property. The archeological consultant must contact the Southern San Joaquin Valley Information Center prior to conducting any fieldwork. (Mitigation) * indicates adjustments have been made on these items to account for the Regional Transportation 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. The signals and the developer's proportionate share are as follows: Pacheco Rd at Mt Vista Rd $ 8,040.00 Buena Vista at Pensinger $ 26,260.00 ttarris Rd at Mt Vista Rd $ 29,760.00 Old River Rd at lfarris Rd $ 9,36(I.00 Progress Rd at Ilarris Rd $ 7,440.00 Panama Ln at Mt Vista Rd $ 21,190.00 *Pacheco Rd at Gosford Rd $11,700.00 *Panama Ln at Gosford Rd $11,050.00 Panama Ln at Progress Rd $ 15,600.00 *Panalna Ln at Old Rvr Rd $ 14,300.00 *Pacheco Rd at Old Rvr Rd $ 4,550.00 Progress at Berkshire Rd $ 9,600.00 *Panama Ln at Buena Vista $17,550.00 *Pacheco Rd at Buena Vista $13,000.00 Harris Rd at Gosford Rd $ 16,900.00 $ 216,300.00 6.7% of $120,000.001 20.2% of $130,000.001 24.8% of $120,000.001 7.2% of $130,000.001 6.2% of $120,000.001 16.3% of $130,000.001 9.0% of $130,000.001 8.5% of $130,000.001 12.0% of $130,000.001 11.0% of $130,000.001 3.5% of $130,000.001 8.0% of $120,000.001 13.5% of $130,000.001 10.0% of $130,000.001 13.0% of $130,000.001 ORIGINAL Exhibit "A" GPA 1-93, Segment VIII Zone Change No. 5425 Page 2 Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of future railroad crossings and upgrades of existing crossings in the project area. The crossings and the developer's proportionate share are as follows: Buttonwillow Branch: *Buena Vista Rd crossing $ 3,500.00 Mtn Vista Rd crossing $ 2,000.00 *Old River Rd crossing $ 500.00 Sunset Branch: Harris Rd crossing $ 3,000.00 *Pacheco Rd crossing $ 1,000.00 *Panama Ln crossing $ 4,000.00 Berkshire Rd crossing $ 1,000.00 $ 15,000.00 (3.5% of $100,000.00) (2.0% of $100,000.00) (0.5% of $100,000.00) (3.0% of $100,000.00) (1.0% of $100,000.00) (4.0% of $100,000.00) (1.0% of $100,000.00) Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of future canal crossings and upgrades of existing canal crossings in the project area. The crossings and the developer's proportionate share are as follows: Buena Vista Canal: *Buena Vista Rd crossing Mtn Vista Rd crossing *Pacheco Rd crossing Pensinger Rd crossing Stine Canal: Berkshire Road crossing $ 2,400.00 $ 1,200.00 $ 240.00 $ 480.00 (4.0% of $60,000.00) (2.0% of $60,000.00) (0.4% of $60,000.00) (0.8% of $60,000.00) $ 600.00 (1.0% of $60,000.00) $ 4,920.00 The traffic study and resulting impacts identified in items 1., 2. and 3. above are based on projections of commercial square footage and uses and residential densities stated in the traffic study, while the land use proposed could allow more commercial square footage, other commercial uses and higher residential densities than stated. The stated commercial square footages are 153,004 square feet of retail commercial and 44,975 square feet of office commercial, and the stated residential density is 800 units. 'l]~ese square footages/densities result in local traffic mitigation fees of $0.81 per square foot for a retail commercial use, $0.~6 per square ft ot for a tiffice commercial use, and $128.00 per dwelling unit for the residential area. Should an increase of more than 5% in the retail commercial square footage/dwelling unit density be proposed for any specific project within the project area, then a review and possible revision to the traffic study may be required. Otherwise, the above unit costs per dwelling/retail commercial square foot/office commercial square foot shall be maintained irregardless of the number of dwellings/commercial square footage that is finally created so that proportionate local traffic mitigation will be achieved. ORIG;NAL Exhibit"A" GPAl-93, SegmentVIIi Zone ChangeNo. 5425 Page 3 10. 11. 12. 13. 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 to the 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 1o 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 Panama Lane and Buena Vista Road to arterial standards and of Pensinger Road and Mountain Vista Drive 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. With the first development adjacent to Panama Lane within the Zone Change area, the entire segment of Panama Lane adjacent to the Zone Change area shall be constructed including sidewalk, curb and gutter, and street pavement. Adjacent to the residential zoned area, the median island and one eastbound lane may be constructed or the developer may pay his proportionate share of the median island. With the first development within the GPA (commercial) area, a full landscaped median island to restrict left-turn movements across Panama Lane to specific locations approved by the City Engineer, and a minimum of one lane on the south side (castbound) of Panama Lane shall be constructed adjacent to the commercial area. With the first development adjacent to Buena Vista Road within the Zone Change area, the entire segment of Buena Vista Road adjacent to the Zone Change area shall be constructed including sidewalk, curb and gutter, and street pavement. Adjacent to the residential 7x)ned area, the median island and one eastbound lane may be constructed or the developer may pay his proportionate share of the median island. With the first development within the GPA (commercial) area, a full landscaped median island to restrict left-turn movements across Panama Lane to specific locations approved by the City Engineer, and a minimum of one lane on the west side (southbound) of Buena Vista Road shall be constructed adjacent to the commercial area. Pensinger Road and Mountain Vista Road shall be constructed in a maximum of two segments each consisting of half of the frontage length adjacent to the project area. Construction shall include sidewalk, curb and gutter, and street pavement. Construction of each segment shall be required with the first development adjacent to that particular segment. The applicant shall submit a comprehensive drainage study having boundaries of Buena Vista Road, Panama Lane, Mountain Vista Drive, and Pensinger 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 applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). Exhibit "A" GPA 1-93, Segment VIII Zone Change No. 5425 Page 4 14. 15. 16. 17. 18. p:193s8.ea The drainage study shall be submitted to and approved by the City Engineer and any required drainage basin site a~d 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. Panama Lane and Buena Vista Road are bikeways 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 Buena Vista Road and Panama Lane meet existing pavement. The applicant shall enter into an agreement with the city to indemnify and defend it against a challenge to any action of the city upon the application. No habitable structure may be built within 40 feet of any parcel which permits commercial development. As soon as possible, but in any event prior to submission of any subdivision map, the owner(s) shall enter into an agreementwith the affected school district(s) which is consistent with the proposed Kern County Plan for Adequate Schools and Affordable Housing considered by the School Funding Task Force on May 10, 1993, and providing for at least each of the following: Payment of $3.65 per square foot of assessable space (as that term is defined in Government Code Section 65995). That this amount will be amount is subject to periodic adjustment for inflation in the same manner and amount as for fees levied under Government Code Section 53080, will also be adjusted if state law is changed to expressly permit or require higher school facilities fees, but will not be otherwise adjusted upward or downward regardless of the continuing efficacy of the amendment of Government Sections 65995 and 65996 by SB 1287. Payment of this amount for each residential structure at the time of building permit issuance, unless appropriate arrangements as set forth in the agreement have been are made to permit payment as late as close of escrow. Recordation of the agreement as a covenant running with the land to pay this amount as specified. OnlGi~[L Ft IA PENSINGER ROAD EXHIBIT B STAFF RECOMMENDATION GENERAL PLAN AMENDMENT 1-93, SEGMENT VIII R-IA 24 ~UENA k?STA SCHOOL z 30 T30S, R27E PANAMA R-IA LR LANE 400 'SOALE IN ¢EEI' c/rY COUN~K ORIGINAL ~9314A