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HomeMy WebLinkAboutRES NO 217-92P~SOLUTION NO. 217-92 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 3-92). 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 THURSDAY, SEPTEMBER 17, 1992 and continued to OCTOBER 1, 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 September 17, 1992, 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 II: MARTIN-MCINTOSH, representing Castle & Cooke Development Corporation has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 77.11 acres located at the southwest corner of Stockdale Highway and Renfro 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 Resolution No. 107-86 have been duly followed by city staff and the Planning Commission; and ORIGINAL WHEREAS, by Resolution No. 50-92 on October 1, 1992, the Planning Commission recommended approval and adoption of Segment II subject to mitigation measures and 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, NOVEMBER 18, 1992, 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 WHEREAS, the Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration with mitigation measures was advertised and posted on August 3, 1992, in accordance with CEQA. 4. The recommended land use designations for the project site are consistent with the Metropolitan Bakersfield 2010 General Plan. 5. Mitigation has been required which reduces the impacts to school districts to less than significant. 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 II 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 ORIGINAL 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 southwest corner of Stockdale Highway and Renfro Road, subject to mitigation measures and 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 3-92. 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 NOV 1 $ 1992 by the following vote: AYES: COUNCILMEMbERS: EDWAROS, OeMOND, SMITH, SRUNNI, PETERSON, McDERMOTT, SALVA6GIO NOES; COUNCILMEMBERS jQJ~ ~ ~ ABSENT COUNCILMEMBE ~iS. ~- ~STAIN: COUNCILMEMBERS' ~ ~9~. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED 14O~/ 3. 8 199~ CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield res\r392s2.cc ORIGINAL EXHIBIT "A" Conditions of Approval General Plan Amendment 3-92, Segment II Prezoning No. 5361 Planning: 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) Upon development of the project site, a collector street (90 ft. right-of-way) shall be developed along the southern boundary of the project site. This will be consistent with the Metropolitan Bakersfield 2010 General Plan Circulation Element. (Condition) This 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 Rosedale Union School District dated October 1, 1992. (Mitigation) This 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. (Mitigation) Should the maximum number of dwelling units exceed 480 within the project area, the developer shall be required to provide an additional traffic study subject to approval by Public Works. All mitigation measures of that study will be implemented or satisfied in a manner acceptable to Public Works, prior to recordation of any subsequent tract. (Condition) In an attempt to reduce complaints and unwarranted investigations undertaken by the Kern County Department of Agriculture, the following disclosure is to be given as part of the transfer of properties: "If your real property is adjacent to property used for agricultural operations, you may be subject to inconveniences or discomforts arising from such operations on any 24-hour basis. Said discomforts may include, but shall not be limited to, equipment noise, odors from manure and other chemicals, and dust or smoke. It has been determined that in Kern County the use of real property for agricultural operations is a high priority and a favored use to the County and will not be considered a nuisance for those inconveniences or discomforts arising from agricultural operations if such operations are consistent with accepted customs, standards and laws." (Mitigation) A physical barrier or separation should be placed along the northern, southern, and western boundary of the project in order to reduce the interface conflicts such as; noise, dust, trespassing and excessive traffic. This barrier or separation may include, but is not limited to, a 6-foot high masonry wall, a landscaping setback, a canal or a road. This measure can be accomplished through zoning and subdivision design. (Mitigation) ORIGI~IAL Exhibit "A" Prezoning No. 5361 Page 2 Public Works: Under the Utilities section of the Environmental Checklist, wastewater would seem to pose a significant impact as municipal sewer service may not be immediately available to this area. The proposed project may require extension of new sewer trunk lines to serve development in this area. DISCRETIONARY The following conditions are discretionary. 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. 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: Rosedale Hwy at Renfro Rd $ 2,520.00 Brimhall Rd at Renfro Rd $ 5,400.00 Johnson Rd at Renfro Rd $ 5,400.00 Stockdale ftwy at Rudd Rd $ 20,520.00 Stockdale Hwy at Heath Rd $ 6,720.00 Stockdale Hwy at Renfro Rd $ 12,840.00 Stockdale Hwy at Jenkins Rd $16,320.00 TOTAL $ 69,720.00 (2.1% of $120,000.00) (4.5% of $120,000.00) (4.5% of $120,000.00) (17.1% of $120,000.00) (5.6% of $120,000.00) (10.7% of $120,000.00) (13.6% of $120,000.00) At the time of further subdivision or development, the developer shall pay a fee for his proportionate share of the cost of a left-turn lane at the intersection of Renfro Road and Rosedale Highway. This fee shall be paid at the time of issuance of a building permit. The proportionate share for the project area would be $2,100.00 (4.2% x $50,000.00 = $2,100.00). 10. At the time of further subdivision or development, the developer shall pay fees for his proportionate share of the cost of the Renfro Road crossings of the Cross Valley Canal and the Kern River. 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: Cross Valley Canal Crossing Kern River Crossing TOTAL $ 4,850.00 $38,800.00 $43,650.00 (0.97% of $500,000.00) (0.97% of $4,000,000.00) 11. The traffic study and resulting impacts identified in items 8, 9 and 10 above are based on 480 lots, within the General Plan Area, while the land use proposed would allow more or less than 480 lots. Based on 480 lots, the local traffic mitigation yields a unit cost per single family lot of $240.00. This unit cost per single family lot shall be maintained irregardless of the number of lots that are finally created so that proportionate traffic mitigation will be achieved. ORIGINAL Exhibit "A" GPA 3-92, Seg. II Prezoning No. 5361 Page 3 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 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. The project area is within a transportation study corridor. The Circulation Plan of the Metropolitan Bakersfield 2010 General Plan shows collectors along the east-west and north-south midsection lines (the n-s llne being along the North-South Beltway) and arterials along the north section line (Stockdale Highway) and the east section line (Renfro Road). Fully executed offers of dedication for those collectors and dedications to widen Stockdale Highway and Renffo Road to arterial standards shall be submitted prior to or concurrently with the first development/subdivision in the area. With the first subdivision/development adjacent to Stockdale Highway within the project area, the developer shall construct the entire south haft of Stockdale Highway. A drainage study for a drainage system, or systems, for the entire 150+ acres of the existing parcel, not just the 80 acres shown as the annexation area, shah be submitted to and approved by the City Engineer prior to submittal of any tentative subdivision maps. 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 location of the drainage retention basin shall be along the west project boundary so that future expansion of the basin will be possible. 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. Stockdale Highway is a future bikeway on the "Bikeways Master Plan" and shah be constructed to a 96' curb to curb standard as required for arterial streets with bike lanes in the circulation element of the 2010 General Plan. Upon subdivision of the property, municipal sewer service to each lot shah be provided. Prior to submitting any tentative subdivision maps, a proposal for providing that municipal service to each lot shall be submitted to and approved by the City Engineer. The proposal shall include provisions for providing service to the full 150 + acres of the existing parcel, not just the 80 acres shown as the annexation area. Sewer service now exists in Renfro Road at Culiacan Avenue. However, this sewer system may not have capacity to service the project area. A future sewer trunk pipeline located in Renfro Road will provide future sewer service to this area. Therefore, sewers within the sewer study area shall gravity flow to Renfro Road. If a new pump station is required to provide service for this development, 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, shah 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. ORIGINAL Exhibit "A" GPA 3-92, Seg. II Prezoning No. 5361 Page 4 22. 23. Should capacity in the existing system not be available, then other means will be required so that connection at the time of development of all future lots within the project area to the municipal sewer system shall be accomplished. Fees will be required at the time of building permit for the use existing trunk lines, pump stations and force mains. A sewer fee will be paid at the time of further subdivision or development within the project area for the future Renfro Road/Allen Road trunk sewer pipeline. This fee will be approximately $ 300.00 per equivalent dwelling unit. p:392s2ea.101 ORIGINAL J FPP 11101 -I-' CITY OF BAKERSFIELD ZONINO MAP 122-0~ SEC. 05 '[ 50~ R 26E LEGEND