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HomeMy WebLinkAboutRES NO 59-93 RESOLUTION NO. 5 9 - 9 ~_ A RESOLUTION MAKING FINDINGS~ APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT V 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 V 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 V of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V: LANDTECH INVESTMENT CORPORATION has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from R-MP (Resource-Mineral Petroleum) and LI (Light Industrial) to GC (General Commercial) on one site of 5.8 acres and to OC (Office Commercial) on 14 gross acres and from GC (General Commercial) and LI (Light Industrial) to LR (Low Density Residential) on remainder of the property. 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. 13-93 on March 18, 1993, the Planning Commission recommended approval and adoption of Segment V 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 V 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 a! 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 futm'e 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 V 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 V 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 southwest and southeast corner of Alfred Harrell Highway and Highway, subject to conditions of approval and mitigation measures shown on Exhibit "A". 5. That Segment V, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-93. .......... o0o .......... ,,~ 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 I~IAY 1 I~ 1~95 by the following vote: AYES: COUNCrLME~¥18ERS: EDWARDS, D,,~!,'..ONg, 3MITH, BRUNNI, KANE, M~iil~T SALVAGGIO NOES: COUNCILMEMBERS .~ m~.-~"~'~m~ ~ --- ABSENT COUNCILME MBERS: ABSTAIN COUNCILMEMBERS' ['~0 ,n.E_ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1 2 1~33 MAYOR of tl:e City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MG:pjt April 5, 1993 res\r193sS.cc Exhibit A Recommended Mitigation Measures and Conditions of Approval General Plan Amendment 1-93, Segment V Zone Change No. 5421 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) If the Metropolitan Bakersfield Habitat Conservation Plan is not in place prior to ground disturbance activities or the proposed submittal of a subdivision map application with the City of Bakersfield, the applicant must have the site surveyed by a qualified biologist to determine if the Blunt-nosed leopard lizard (a State and Federally-listed Endangered Species) or other sensitive plant species are present on-site. This is necessary in order to mitigate the impacts of any natural to urban land conversion on the species, in compliance with the state and federal Endangered Species Acts. The survey must be done in the spring according to the California Department of Fish and Game guidelines, and complete methodology must be reported. Plant surveys must be completed at a level sufficient to assume sensitive plant species are not present or will likely be found if present. If the lizard or any protected plant animals species are identified as existing on- site, the biologist and applicant must notify the Department of Fish and Game and enter into appropriate consultations and determine separate mitigation. Prior to tentative subdivision map approval, an archeological field study must be performed on the project site by a qualified archeologist to determine if any archeological resources are present on- site, and to determine recommendations if any resources are discovered. (Mitigation) In order to avoid potential hazards to people as a result of the proposed development, the airport runways must be permanently closed, according to FAA standards, prior to final map recordation and prior to approval of any site plan for the commercial sites. (Condition) In order to provide for orderly development and to buffer proposed residential uses from adjacent mineral petroleum extraction activities, a 6-foot high masonry block wall (as measured from highest finished grade) shall be constructed along the entire R-I property line abutting the Ant Hill Oil Field on the south edge of the project area. This wall must be constructed prior to recordation of any final map or phase thereof containing lots along the southern boundary abutting this oil field area. This wall shall not be constructed within any public right-of-way. There will be a 50-foot setback along the southern boundary between the applicant's property and the Ant Hill oilfield. (Condition) NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Impact Fee's contribution towards the item. ORiGiNAL Prior to further commercial development or cumulative subdivision of more than 150 lots, a Project Study Report (PSR) will be required to determine the extent and cost of improvements required along State Route 178 both within and outside the project boundaries. The PSR shall be paid for by the Developer and the Consultant performing the study shall be approved by the City and Caltrans. Per Caltrans, prior to issuance of an encroachment permit by Caltrans to do any work within State right-of-way, the PSR shall be approved and a cooperative agreement between the City and Caltrans identifying responsibilities for project design, funding, construction, and maintenance shall have been executed. In the event that the Regional Transportation Impact Fee Program is modified to include State Highway 178 and 184 facilities at full mitigation, preparation of a PSR will not be required. Exhibit "A" GPA 1-93, Seg. V ZC 5421 Page 2 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 traffic signal cost shall be determined in the PSR above and the traffic signal percentages fisted below may be modified from the results of the PSR or from a subsequent traffic study approved by the City Engineer. The developer's proportionate shares determined from the traffic study submitted for this project are as follows: Signal Location Percentages Area 1 Area 2 Area 3 Area 4 St. Rt. 178 at St. Rt. 184 5.5% *St. Rt. 178 at Comanche/AlL Har. 5.2% St. Rt. 178 at Edison Road 5.5% St. Rt. 178 at Miramonte Drive 2.9% 7.8% 2.9% 18.6% 7.4% 5.7% 9.4% 7.8% 2.9% 18.6% 4.1% 21.9% 15.3% (Area 1 = SW Cot St. Rt. 178 and Comanche, Area 2 = SE Cor St. Rt. 178 and Comanche, Area 3 = SW Cot St. Rt. 178 and Miramonte, Area 4 = Residential Area) If a full access point to State Route 178, other than Miramonte Drive and Comanche Drive, into the residential area is desired (and approved by Caltrans), then the Developer shall be responsible for the installation of this traffic signal when warranted. This signal and its location shall be included in the PSR above. Otherwise, only left-turn in, right-turn out access points along the project frontage of State Route 178 will be allowed. These will be located upon further subdivision. A reimbursement agreement between the City and the developer for local traffic impact fees collected for this traffic signal from other developments will be allowed. Upon further subdivision or development, the developer will enter into an agreement with the City and post approved security to guarantee the construction of realignment of Comanche Drive with Alfred Harrell Highway within the project limits. This construction shall be completed with the development of the first commercial project within the GPA area at the Comanche Drive/State Route 178 intersection or sooner if required by the City Engineer (due to construction of the realignment south of the project) or by Caltrans in the PSR above. Minimum construction shall provide for one north to west left-turn lane, one northbound through lane, one north to east right- turn lane, and one southbound through lane. Full arterial standard construction shall be required for development fronting Comanche Drive. 10. With the first development within the project area adjacent to State Route 178 or when required by Caltrans in the PSR, full width City standard arterial street improvements on the south side (eastbound) of State Route 178 shall be constructed. Unless otherwise indicated in the PSR, construction of the State Route 178 improvements fronting the project shall be completed in a maximum of four segments as approved by the City Engineer. Each segment shall be constructed with the first development fronting State Route 178 within that segment. Median fees may be paid for the project area's proportionate share of the cost of the median in lieu of constructing the median. 11. ORIGINAL Prior to further subdivision or development, the applicant shall modify the existing comprehensive drainage study of the project watershed area. The drainage study modification should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage retention or detention basin site and size, construction phasing, and EPA stormwater quality mitigation measures. Exhibit "A" GPA 1-93, Seg. V ZC 5421 Page 3 12. 13. 14. 15. 16. 17. The modified 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 plan within the project area. State Route 178 is a bikeway as shown on the "Bikeway Master Plan" of the 2010 General Plan and shall be constructed as required by the 2010 General Plan and by Caltrans 1or streets with bike lanes. Paved transitions approved by the City Engineer and/or Caltrans will be required where the construction on State Route 178 meets existing pavement. At the time of further development or subdivision, the property owner(s) within the GPA area of any areas not akeady 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. The traffic study and resulting impacts identified in item 2. above are based on projections of commercial square footage and residential density stated in the traffic study, while the land use proposed could allow more or less commercial square footage and a higher or lower residential density than stated. The following commercial square footages and residential densities were stated in the traffic study: Area 1: 100,624 square feet Area 3: 52,272 square feet Area 2: 143,748 square feet Area 4: 631 residential units Upon completion of the PSR outlined in item 1. above, a local traffic mitigation fee for these areas will be calculated and shall be charged at the time of building permit. Should an increase or decrease of more than 5% in commercial square footage/dwelling unit density be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study will be permitted and may be required. Otherwise, the unit cost per commercial square foot/residential dwelling unit calculated shall be maintained irregardless of the number of commercial square footage that is finally created so that proportionate local traffic mitigation will be achieved. Upon subdivision of the property, municipal sewer service to each lot shall be provided. Prior to submitting any tentative subdivision maps, a proposal for providing municipal sewer service to each lot shall be submitted to and approved by the City Engineer. An assessment district proposed to extend a sewer trunk line from the existing City maintained sewer system to the northeast area is being formed. The developer shall cooperate with the district formation. F~xhibit "A" GPA 1-93, Seg. V ZC 5421 Page 4 18. 19. 20. If a new pump station is required to provide sewer service for this development, other than a station for the sewer trunk line referenced in item 12. above, then the developer shah 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. 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. Prior to the issuance of a building permit within the project area, a minimum of $2.65 per square foot of assessable space shall be paid for the purpose of providing school facilities. p:193s5.ea ORIGINAL ERi ER I GENERAL PLAN AMENDMENT 1-93, SEGMENT V LMR \ \ LR L~R o 'Dx, R-MP R-EA ~'~s, ,~ EXHIBIT B MR LH )320A