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Home My WebLink AboutRES NO 60-93RESOLUTION NO. ' 6 0 - ~ 8~ A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VI 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 VI 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 VI of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VI: MARTIN-MCINTOSH, agent for Castle and Cooke Development Corporation, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from GC (General Commercial) to HMR (High Medium Density Residential, greater than 7.26 and less than or equal to 17.42 dwelling units per acre) on 8.88 acres generally located along the southeast corner of Old River Road and Campus Park Drive as shown on Exhibit 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. 15-93 on March 18, 1993, the Planning Commission recommended approval and adoption of Segment VI 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 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 VI 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 VI is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretmy of the Planning Commission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves and adopts Segment VI 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 along the southeast corner of Old River Road and Campus Park Drive, subject to conditions of approval shown on Exhibit "A". 2 ORIGINAL Exhibit A Conditions of Approval General Plan Amendment 1-93, Segment VI Zone Change No. 5424 ORIGINAL Planning: 1. Vehicular parking facilities shall not be located adjacent to or within 25 feet of the adjoining single family dwellings. This measure to be enforced at the time of site plan review. Yard areas between structures on the subject site and adjoining single family dwellings shall be useable open space. Provide dense evergreen landscaping along that portion of the subject site which abuts single family dwellings. Upon maturity the landscaping will provide a screening effect and have a minimum height of 15 feet. A landscaping plan will be required at the time of site plan review and must be installed prior to occupancy of any building. A masonry wall six feet in height from highest adjacent grade to be constructed at common lot line with any property designated for single family usage. Wall to be constructed prior to occupancy of any building on the project site. If the site is developed to single family dwellings. condition numbers 3 and 4, as shown on the staff report Exhibit "A" conditions of approval, are not applicable. 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. Public Works Department Conditions: Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of future traffic signals, canal crossings in the project area impacted from the project. The traffic improvements impacted shall be determined from a traffic study performed by the developer. Alternatively, if the density of the project does not exceed 7.34 dwelling units per gross acre, then a fee of $750 per gross acre plus *300 (.3% x $100,000) for tile crossing of Old River Road at the Buttonwillow Branch railroad may be paid to mitigate local traffic impacts. The local traffic mitigation fees for this area shall be paid at the time of obtaining a building permit. ,Southerly of the point where the Buena Vista Canal angles southwesterly, the centerline of Old River Road shall realign with the west line of Section 17 on an alignment approved by the City Engineer. A plan for the construction of Old River Road from Campus Park Drive through this alignment shall be submitted by the developer and approved by the City Engineer. All of Old River Road from Campus Park Drive to the west line of Section 18 shall be constructed with the first development. Alternatively, if a certificate of compliance for a lot line adjustmer/t has been recorded that realigns the property line between the Castle and Cooke parcel and the Kern College [,and parcel from the west line of Section 18 to the centerline of the approved Old River Road alignment, then only the portion of Old River Road remaining within the Castle and Cooke parcel will be required to be constructed with sit development. ]l~e hmdscaped median island may be terminated at the point where the Old River Road alignment intersects the west line of Section 18. Fees may be paid for the east half of the remainder of the median. Exhibit "A" GPA 1-93, Seg. VI Page 2 10. NOTE: 11. 12. Old River Road is a bikeway as shown on the proposed "Bikeway Master Plan" of Amendment 1-93, Segment IX to the 2010 General Plan. It shall be constructed as required by the 2010 General Plan for streets with bike lanes. 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. * Indicates adjustments have been made on these itelns to account for the Regional Transportation Impact Fee's contribution towards the item. As soon as possible, but in any event prior to submission of any subdivision map, the owner(s) shall enter into an agreement with the affected school district(s) which is cons/stent 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 struclure 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. The property shall be developed with single family homes in the same way that Tract 5616 has been developed. p:193s6.ea ORIGINAL EXHIBIT "B" GENERAL PLAN AMENDMENT 1-93, SEGMENT Vl LR dMR _Z, NNEAU COURT 18 17 T30S, R27B c OULTEP COURT ORIGINAL