HomeMy WebLinkAboutRES NO 57-93RESOLUTION NO~- 5 7 - 9. 3
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 4-92).
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 December 17, 1992 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
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 ER (Estate Residential - 1
net acre/dwelling unit) to LR (Low Density Residential, ~_ to
7.26 dwelling units per net acre) on 27.55 Jacres located south
of Brimhall Road north of the Kern River and between the
existing and proposed alignments of Calloway Drive as shown
on Exhibit "B".
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 Declaratio 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. 65-92 on December 17, 1992, 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
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, FEBRUARY 3, 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 at least
ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a
local newspaper of general circulation; and
WHEREAS, at the February 3, 1993, public hearing, the City Council
approved General Plan Amendment 4-92, Segment V by Resolution No. 21-93; and
WHEREAS, Public Works conditions of approval were inadvertently
omitted from City Council Resolution No. 21-93; and
WHEREAS, this resolution contains all conditions of approval
recommended by the Planning Commission; and
findings:
WHEREAS, the Council has considered and hereby makes the following
1. All required public notices have been given.
2. The provisions of CEQA have been given.
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.
5. Conditions 2 and 3 as shown on Exhibit "A" fully mitigate any adverse
impacts to schools from this project.
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.
adopted.
2. The Negative Declaration for Segment V is hereby approved and
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
ORIGINAL
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
south of Brhnhall Road and between the existing and proposed alignments of Calloway
Drive and north of the Kern River, subject to conditions of approval shown on Exhibit
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 4-92.
3
ORIGINAL
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
}lAY i ~ ~CL3 by the following vote:
AYES: COUNCILMEMBERS; EDWARDS. DeMOND, SMITH, BRUNNI, KANE. McDERMOTT SALVAGGIO
NOES' COUNC~LMEMi~EF~S ___.
ABSENT CO:JN~LMEMBER$: ~ o ~ ~.~
ABSTAIN COUNCILMEMBERS' ____A/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAY ! 2 1993
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
(LAWRENCE M. LUNAR1)INI
CITY ATTORNEY of the City of Bakersfield
res\r492sv.cc
4
ORiGiNAL
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 4-92, Segment V
Zone Change No. 5388
Planning Department:
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. (Mitigation)
The approval and issuance of each building permit for the project are expressly
conditioned on full compliance with the terms and conditions of a Memorandum
of Understanding (MOU) entered into between the applicant and the Rosedale
Union School District dated August 6, 1992, and letter from Stephen L. Hartsell
of Schools Legal Service dated October 1, 1992.
The approval and issuance of each building permit for the project are expressly
conditioned on full compliance with the terms and conditions of a Memorandum
of Understanding (MOU) entered into between the applicant and the Kern High
School District dated October 1, 1992, and letter from Dr. Neal Olsen, Associate
Superintendent, Kern High School District, and Philip Turner, Vice President,
Castle and Cooke Development Corporation dated October 1, 1992.
Public Works:
NOTE: * indicates adjustments have been made on these items to account for the
Regional Transportation Impact Fee's contribution towards the item.
At the time of further subdivision or development, the developer shall pay fees
for his proportionate share of future signals in the project area impacted from the
potential increase in trip generation between the proposed land use and the
existing land use. These fees shall be paid at the time of issuance of a building
permit. The signals and the developers proportionate share are as follows:
*Brimhall Rd at Calloway Dr
Brimhall Rd at Harvest Creek Dr
Brimhall Rd at Coffee Rd
$ 3,240.00
$ 3,000.00
$ 560.00
(2.7% of $120,000.00)
(2.5% of $120,000.00)
(1.4% of $40,000.00)
ORIGINAL
GPA 4-92, Segment V
Page 2
Coffee Rd at Rosedale Hwy $ 240.00
Stockdale Hwy at Old River Rd $ 440.00
*Brimhall Rd at Jewetta Ave $ 3,840.00
Calloway Dr at Palm Ave $ 4,560.00
Calloway Dr at Rosedale Hwy $ 720.00
TOTAL $16,600.00
(0.6% of $40,000.00)
(1.1% of $40,000.00)
(3.2% of $120,000.00)
(3.8% of $120,000.00)
(0.9% of $ 80,000.00)
At the time of further subdivision or development, the developer shall pay fees
for his proportionate share of the cost of canal and river crossings in the area.
These fees shall be paid at the time of issuance of a building permit. The
proportionate share for the project area would be as follows:
*Calloway Dr crossing of the Kern River
*Calloway Dr crossing of the Cross Valley Canal
TOTAl,
$20,000.00
$ 2,500.00
$22,500.00
(0.5%of $4,000,000.00)
(0.5%of $500,00(I.00)
At the time of further subdivision or development, the developer shall pay fees
for his proportionate share of the cost of the road improvements listed below.
These fees shall be paid at the time of issuance of a building permit. The
proportionate share for the project area would be as follows:
*Coffee Rd at Brimhall Rd - Add NB left-turn lane $ 280.00
*Coffee RD at Rosedale Hwy - Add dual left & right turn lanes $ 300.00
NB and SB
TOTAL $ 580.00
(1.4%of $20,000.00)
(0.6%of $50,000.00)
The traffic study and resulting impacts identified in items 1., 2. and 3. above are
based on 187 dwelling units within the General Plan Area, while the land use
proposed would allow more or less than 187 dwelling units. Based on 187 dwelling
units, the local traffic mitigation yields a unit cost per single family unit of
$212.00. This unit cost per single family dwelling shall be maintained irregardless
of the number of units that are finally created so that proportionate traffic
mitigation will be achieved. Should an increase of more than 5% in dwelling
units be proposed for any specific project within the GPA area, then a review and
possible revision to the traffic study and resulting revision to local traffic
mitigation fees may be required.
ORIG~N~,L
10.
11.
12.
GPA 4-92, Segment V
Page 3
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 for providing that
municipal service to the General Plan Amendment 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.
A drainage study for a drainage system, or systems, for the area bounded by
Calloway Drive, Calloway Drive Realignment, and the Kern River Freeway
Alignment shall be submitted to and approved by the City Engineer prior to
submittal of any tentative subdivision maps or development plans. The drainage
study should include, but not necessarily be limited to, drainage calculations, pipe
sizes and locations, the drainage basin site(s) 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).
Necessary flowage/drainage easements as indicated in the approved drainage
study, which may be off-site from a proposed subdivision, shall be submitted to
the City prior to recordation of any subdivision map or approval of any
development plan.
Calloway Drive Realignment shall have a 96' curb to curb standard as required
for arterial streets with bike lanes in the circulation element of the 2010 General
Plan.
A fully executed offer of dedication for the Calloway Drive Realignment to
arterial standards, along an alignment approved by the City Engineer, shall be
submitted to the City prior to or concurrently with the first
development/subdivision in the project area. Said dedication shall extend from
the Cross Valley Canal right-of-way on the south to the City corporate boundary
on the north.
p:492s5.ea
ORIGINAL
EXHIBIT "B"
GENERAL PLAN AMENDMENT
4:92. SEGMENT V
~RIMHALL ROAD
LR
<ERN ~IVER =REEWAY ~' ~'
GC
$C,~J..~ IN ~
T2g$. R27E
_R
~' ~'ANAL ' TM