HomeMy WebLinkAboutRES NO 61-93 RESOLUTION NO.~ 6 1 - 9 3
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
VII 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 March 18, 1993, on Segment VII 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 VII of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT VII:
SIMPSON-VANCUREN, INC., agent for Ernest
Antongiovanni, has applied to amend the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan consisting
of a change from LR (Low Density Residential) to GC
(General Commercial) on 5 gross acres at the northwest
corner of Progress Road and Panama Lane.
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. 17-93 on March 18, 1993, the Planning
Commission recommended approval and adoption of Segment VII 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, MAY 12, 1993, on the above described Segment VII 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 VII 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 VII 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
subject to conditions of approval shown on Exhibit "A" and mitigation measures i~
Exhibit "A".
5. That Segment VII, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 1-93.
2
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
UAY I 2 1~ by the following vote:
AYES: COUNCILMEMBERS: EDWARDS, DeMON9, SMITH, BRUNNI. KANE, McDERMOTT SALVAGGIO
NOES: COUNCILMEMBERS ~ n~
ABSENT COU NCJLMEMBERS~----- /k/0 rl ~.
ABSTAIN COUNCILMEMBERS' /~J 0 i'1¢
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY ~.
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
MG:pjt
April 9, 1993
res\r193s7.cc
3
ORIGINAL
EXHIBIT "A"
Recommended Mitigation Measures
and Conditions of Approval
General Plan Amendment 1-93, Segment VII
Zone Change No. 5426
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)
An acoustical analysis shall be submitted with all applications for subdivision maps within 100 feet of
the centerline of the adjacent ,Southern Pacific Railroad tracks. This report shall indicate the means
by which the developer proposes to comply with:
Items 3 (a)-(f) listed on pages VII-23 and VII-24 of the Noise Element and with the noise
standards of 65 dB CNEL or less in outdoor activity areas and 45 dB CNEL or less within
interior living spaces;
Performance standards within page VII-5 of the Noise Element of the Metropolitan
Bakersfield 2010 General 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 dis~vered. 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)
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.
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. The signals and the developer's
proportionate share are as follows:
Pacheco Rd at Mt Vista Rd
Buena Vista at Pensinger
Harris Rd at Mt Vista Rd
Old River Rd at Harris Rd
Progress Rd at Harris Rd
Panama Ln at Mt Vista Rd
$ 4,320.00
$ 14,040.00
$ 15,840.00
$ 4,940.00
$ 3,96O.00
$ 11,310.00
(3.6% of $120,000.00)
(10.8% of $130,000.00)
(13.2% of $120,000.00)
(3.8% of $130,000.00)
(3.3% of $120,000.00)
(8.7% of $130,000.00)
ORtGINAI,
Exhibit "A"
GPA 1-93, Seg. VII
ZC 5426
Page 2
*Pacheco Rd at Gosford Rd $ 6,500.00
*Panama Ln at Gosford Rd $ 5,850.00
Panama Ln at Progress Rd $ 7,800.00
*Panama Ln at Old Rivr Rd $ 7,800.00
*Pacheco Rd at Old Rivr Rd $ 2,600.00
Progress at Berkshire Rd $ 6,000.00
*Panama Ln at Buena Vista $ 9,100.00
*Pacheco Rd at Buena Vista $ 7,150.00
Harris Rd at Gosford Rd $ 9,100.00
$ 116,310.00
(5.0% of $130,000.00)
(4.5% of $130,000.00)
(6.0% of $130,000.00)
(6.0% of $130,000.00)
(2.0% of $130,000.00)
(5.0% of $120,000.00)
(7.0% of $130,000.00)
(5.5% of $130,000.00)
(7.0% of $130,000.00)
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 $ 1,500.00
Mtn Vista Rd crossing $ 1,000.00
*Old River Rd crossing $ 500.00
Sunset Branch:
Harris Rd crossing $ 1,000.00
*Pacheco Rd crossing $ 500.00
*Panama Ln crossing $ 2,000.00
Berkshire Rd crossing $ 1,000.00
$ 7,500.00
(1.5% of $100,000.00)
(1.0% of $100,000.00)
(0.5% of $100,000.00)
(1.0% of $100,000.00)
(0.5% of $100,000.00)
(2.0% 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
$ 1,200.00
$ 600.00
$ 120.00
$ 240.00
(2.0% of $60,000.00)
(1.0% of $60,000.00)
(0.2% of $60,000.00)
(0.4% of $60,000.00)
ORIGINAL
Exhibit "A"
GPA 1-93, $eg. VII
ZC 5426
Page 3
Stine Canal:
Berkshire Road crossing
$ 600.00
$ 2,760.00
(1.0% of $60,000.00)
The traffic study and resulting impacts identified in items 1., 2. and 3. above are based on projections
of commercial square footage and residential densities stated in the traffic study, while the land use
proposed could allow more commercial square footage and higher densities than stated. The stated
square footage of 50,312 square feet and the stated residential density of 500 units result in local
traffic mitigation fees of $1.26 per square foot for the commercial area and $129.00 per dwelling unit
for the residential area. Should an increase of more than 5% in 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/commercial
square foot shall be maintained lrregardless of the number of dwellings/commercial square footage
that is finally created so that proportionate local traffic mitigation will be achieved.
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.
10.
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 proposal shall include provisions for providing service to the area
bounded by Panama Lane, Old River Road, Progress Road, and Harris Road.
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.
11.
Offers of dedication will be required to allow for the construction of the entire portion within the
project area of Panama Lane and Old River Road to arterial standards and of Harris 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.
12.
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 residentialzoned 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 (eastbound) of Panama Lane shall
be constructed adjacent to the commercial area.
OalGiNAL
F~xhibit "A"
GPA 1-93, Seg. VII
ZC 5426
Page 4
13.
14.
15.
16.
17.
18.
With the first development adjacent to Old Pdver Road, the entire segment of Old River Road
adjacent to the Zone Change area shall be constructed including sidewalk, curb and gutter, and street
pavement. The median may be constructed or the developer may pay his proportionate share of the
median.
The construction of the west half of Progress Road between Harris Road and Panama Lane is the
responsibility of the project applicant/developer. Progress Road shall be constructed in a maximum
of two segments, a northerly half segment and a southerly half segment, with the first development
adjacent to a Progress Road segment. Construction shall include curb, gutter and street pavement.
The applicant shall submit a comprehensive drainage study having boundaries of Old River Road,
Panama Lane, Progress Road, and Harris 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 shah 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.
Panama Lane is a bikeway on the "Bikeway Master Plan" of the 2010 General Plan and Old River
Road is a bikeway as shown on the proposed "Bikeway Master Plan" of Amendment 1-93, Segment
9 to the 2010 General Plan. They 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
Old River Road and Panama Lane meet existing pavement.
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 dcfined 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 residentialstructure 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.
ORIG;N^L
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GENERAL PLAN AMENDMEN~
1-93,, SEGMENT VII
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