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Home My WebLink AboutRES NO 20-93 RESOLUTION NO. 2 0 - A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT II 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 II 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 II of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT lI: ASU & ASSOCIATES for Michael 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 17.5 gross acres at the northwest corner of Panama Lane and Old River Road and on 7 gross acres at the southeast corner of Pacheco Road and Buena Vista Road; 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. 64-92 on December 17, 1992, the Planning Commission recommended approval and adoption of Segment II 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, FEBRUARY 3, 1993, on the above described Segment II 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 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 followed. 3. The proposed General Plan Amendment, as mitigated in Exhibit "A", will not have a significant adverse effect on the environment. 4. The proposed General Plan Amendment, as conditioned in Exhibit "A", 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: correct. 1. The above recitals and findings, incorporated herein, are true and adopted. 2. The Negative Declaration for Segment II 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 4. The City Council hereby approves and adopts Segment II 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 at the northwest corner of Panama Lane and Old River Road, and the southeast corner of Pacheco Road and Buena Vista Road, subject to conditions of approval shown on Exhibit "A". 5. That Segment II, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-92. 3 OR!GJ~,~AL 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 [El5 ..- it ~3 by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pit res\r492s2.cc 4 EXHIBIT "A" General Plan Amendment 4-92, Segment II Recommended Conditions of Approval and Mitigation Measures 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) No habitable portion of a structure may be built within 50 feet of a gas main or the natural gas transmission line. (Mitigation) Prior to or concurrently with recordation of a final map, a covenant shall be recorded on all lots of this tract, or portion thereof, which are within 250 feet of aforementioned pipeline. Covenant shall acknowledge proximity of pipeline easement to said property and describe the name, type and dimension of the pipeline. Prior to recordation, Subdivider shall submit and obtain approval of the covenant wording with the City Attorney, Fire Safety Control Division, and City Engineer. (Mitigation) The pipeline shall be located within a street right-of-way or other location acceptable to the Planning Director. (Mitigation) Gross leasable square footage for the commercial site at the southeast corner of Pacheco Road and Buena Vista Road shall be limited to 145,200 square feet. (Condition) Gross leasable square footage for the commercial site at the Northwest corner of Old River Road and Panama Lane shall be limited to 217,800 square feet. (Condition) At the time of subdivision or development, the developer shall pay a proportionate share of the cost for future signals, railroad crossings and canal crossings. The memo from Public Works dated December 4, 1992, gives the current estimated amounts. They are subject to change over time. (Condition) Municipal sewer setvice shall be provided to future development on the property. (Condition) p:492s2.ea B A K E R S F I E L PUBLIC WORKS DEPARTMENT MEMORANDUM D TO: Planning Department - Michelle Suverlcrubbe FROM: Public Works Department .~' tr~. DATE: December 4, 1992 11:05am SUBJECT: GPA 4-92, SEGMENT II - NW COR. OLD RIVER ROAD AND PANAMA LANE SE COR. PACHECO ROAD AND BUENA VISTA ROAD DISCRETIONARY The following conditions are discxetionary. The applicant shall comply with the following conditions to provide for orderly development, ensure required improvements are constructed, and to curtail the proliferation of smaller, independent drainage basins. NOTE: * indicate~ adjustments have been made on these items to account for the Regional Transportntlon Impact Fee's contribution towards the item. 1. 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: *Old River Rd at Panama Ln *Ashe Rd at Panama Ln *Buena Vista Rd at White Ln *Buena Vista Rd at Pacheco Rd *Buena Vista Rd at Panama Ln Gosford Rd at District Blvd *Gosford Rd at Pacheco Rd *Old River Rd at Pacheco Rd *Old River Rd at White Ln *Gosford Rd at Panama Ln Gosford Rd at Harris Rd Panama Ln at Reliance Dr $10,440.00 $ 6,360.OO $ 3,840.0O $ 6,840.00 $ 6,720.O0 $ 4,800.0O $ 4,320.00 $13,800.00 $ 4,200.00 $ 7,320.00 $ 4,920.00 $19,440.00 (8.7% of $120,000.00) (5.3% of $120,000.00) (3.2% of $120,000.00) (5.7% of $120,000.00) (5.6% of $120,000.00) (4.0% of $120,000.00) (3.6% of $120,000.00) (11.5% of $120,000.00) (3.5% of $120,000.00) (6.1% of $120,000.00) (4.1% of $120,000.00) (16.2% of $120,000.00) Buena Vista Rd at McCutchen Rd 'St. Rt. 119 at Buena Vista Rd 'St. Rt. 119 at Old River Rd Old River Rd at McCutchen Rd Campus Park Dr at Buena Vista Rd Campus Park Dr at Mountain Vista Dr Campus Park Dr at Old River Rd Itarris Rd at Buena Vista Rd Harris Rd at Mountain Vista Rd Itarris Rd at Old River Rd ltarns Rd at Progress Rd Pacheco Rd at Mountain Vista Rd Pacheco Rd at Progress Rd Panama Ln at Mountain Vista Dr Panama Ln at Progress Rd TOTAL GPA 4-92, Segment II Page 2 5 3,000.00 $ 2,280.00 $ 1,920.00 $ 3,84O.0O $ 8,520.00 $ 6,840.00 $ 8,520.00 $13,680.00 $25,560.0O $25,56O.0O $ 6,840.00 $17,040.00 $ 8,520.00 $13,680.0O $15,36O.0O $254,160.00 (2.5% of $120,000.00) (1.9% of $120,000.00) (1.6% of $1XI,0O0.00) (3.2% of $120,0O0.00) (7.1% of $120,000.00) (5.7% of $120,0O0.00) (7.1% of $120,0O0.00) ( 11.4% of $120,000.00) (21.3% of $120,000.00) (21.3% of $120,000.00) (5.7% of $120,0O0.00) (14.2% of $120,000.00) (7.1% of $120,000.00) (11.4% of $120,000.00) (12.8% of $120,000.00) 2. At the time of further subdivision or development, the developer shall pay fees for his proportionate share of the cost of railroad 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: ~Buena Vista Rd crossing of Buttonwillow spur $ 1,900.00 *Old River Rd crossing ot Buttonwillow spur $ 2,500.00 * Pacheco Rd crossing o1 Sunset spur $ 5,500.00 Mountain Vista Rd crossing of Buttonwillow spur $14,20O.0O llarris Rd crossing of Sunset Branch $ 5,700.00 *Panama Ln crossing of Sunset Branch $ 6,500.00 TOTAL $36,30O.0O (1.9% of $10O.0O0.00) (2.5% of $10O,0O0.00) (5.5% of $100,0O0.00) (14.2% of $10O,000.00) (5.7% of $10O,0O0.00) (6.5% of $100,0O0.00) 3. At the time of further subdivision or development, the developer shall pay fees for his proportionate share of the cost o1 canal crossings in the area. These fees shall be paid at the time of issuance of a bulldin~ permit. The proportionate share for the project area would be as follows: ~ * Pacheco Road crossing of the Buena Vista Canal $ 4,260.00 q]uena Vista Road crossing of the Buena Vista Canal $ 2.580.00 TOTAL $ 6,840.00 (7.1% of $6O,00O.00) (4.3% of $60,00O.0O) December 4. 1992 I 115 : 3PA 4-92. Segment ii Page 3 ;he tralfic study and resuitine impacts identified in items 1 .... nd 3. a~ove are oase~ on projections commercial square footre, e, while lhe land use proposed could allow more commercial s0uare footage than :hat projected in the traflic studv. Based on the proleered square tootages and the nroject s local traffic mitieation proportionate shares. the following unit costs have been calculated: i.OCATION SE Cor Pacheco Rd/Buena Vista lid NW Cor Old River Rd/Panama Lane PROJECTED SOUARE FOOTAGE 145,200square feet 217,800square feet UNIT PERCENTAGE COST 43.7% $0,89 ~ 56.3% $0.77 &:lit' Should an increase of more than 5% in commercial square footage be proposed for any specific project within the GPA area(s), then a review and possible revision to the traffic study may be required. Otherwise, the above unit costs per commercial square foot shall be maintained irregardless of the number of commercial s~uare toota~e that s finally created so that proportionate traffic mitigation will be achieved. < Municipal sewer service to each development. lot, or parcel shall be provided upon turther subdivision or development of the property.. Prior to submitting any tentative subdivision maps or development plans, a proposal for providing that municipal service shall be submitted to and approved by the ~tv Engineer. The proposal shall include provisions for providing service to the area bounded by Old l~iver Ro~d, Panama Lane, Buena Vista Road, and Pacheco 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. ' 7. The Circulation Plan of the Metropolitan Bakersfield 2010 General Plan shows Buena Vista Road, Panama Lane. Old River Road, and Pacheco Road west of Old River Road shown as arterials. Prior to final approval of any development plan or recordation of a subdivision map, fully executed olfers m dedication shall be submitted to the City for all arterial streets within the GPA area. Construction may be deferred to time ot development. 8. A drainage study for a drainage system. or systems, for the area bounded bv Old River Road~ Panama Lane. Buena Vista Road, and Pacheco Road shall ge 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 ilot necessarily be limited to. drainaloe calculations. pipe sizes and local OhS, the drainave basin sitels and size and construc!lo~.phasing. The applicant shall initiate proceedings to form a P.a~ned Drai ) - '~' necessary to lactictale construction of the drainage system(s). nage Area u 9. Necessary_ flowage/dra nage easements as indicated in the approved drainage study, which may be off- site lrom a proposed subdivision, shall be submitted to the City prior to recordation of any subdivision map ,~r approval of any development plan. 10. Buena Vista P, oad and Panama Lane are future bikeways on the B'keways Master Plan" and shall be constructed to a 96' curb to curb standard as required for arterial streets with bike hines in the circulation clement of the 2010 General Plan. December 4, t992 I316 GENERAL PLAN AMENDMENT 4-92, SEGMENT II I I I I LR LR SI I I OC I._ 2O R27E COL~Ty gg202 LR R-IA R-IA SI SI