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.
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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.
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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
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FPP
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CITY OF BAKERSFIELD
ZONINO MAP 122-0~
SEC. 05 '[ 50~ R 26E
LEGEND