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HomeMy WebLinkAboutRES NO 178-92RESOLUTION NO. 178-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT X OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-92). 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 June 18, 1992, and July 16, 1992, on Segment X 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 X of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT X: ' DEWALT CORPORATION has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and Riverlakes Ranch Specific Plan consisting of a change from LI (Light Industrial) to LR (Low Density Residential) on 59.51 acres for the generally located north or Meany Avenue, south of Krebs Road, between Coffee Road and Patton Way; 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. 41-92 on July 16, 1992, the Planning Commission recommended approval and adoption of Segment X subject to conditions listed in Exhibits "A", "B", "1" and "2", 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, AUGUST 26, 1992, on the above described Segment X 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 public notices have been given. 2. The provisions of CEQA have been followed. 3. The proposed General Plan Amendment, as mitigated through measures listed in Exhibit "A", will not have a significant effect on the environment. 4. The proposed General Plan and Riverlakes Ranch Specific Plan Amendment as conditioned in Exhibits "A", "B", "1" and "2", will be compatible with existing and future development in surrounding areas and the project area. 5. The requested General Plan and Specific Plan Amendment, as conditioned in Exhibits "A", "B", "1" and "2", is consistent with the goals and policies of the Metropolitan Bakersfield 2010 General Plan and Riverlakes Ranch Specific Plan. 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, with mitigation measures listed in Exhibit "A", for Segment X 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. ORIGINAL 4. The City Council hereby approves and adopts Segment X of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, and to the text, maps and exhibits of the Riverlakes Ranch Specific Plan, constituting changes as shown on the map marked Exhibit "C", attached hereto and incorporated as though fully set forth, for property generally located north of Meany Avenue, south of Krebs Road, between Coffee Road and Patton Way, subject to conditions of approval shown on Exhibits "A", "B", "1" and "2", and mitigation measures in Exhibit "A". 5. That Segment X, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-92. 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 ~$EP 1 8 1992 by the following vote: AYES; COUNCILM~MBERS: EDWARDS, DeMOND, SMITH, ~ PETERSON, McDERMOTt, SALVAGGIO r~OES: COUNCID, tEMfi[R$ _ AloNE ~,SSE NT COUNCILMEMBERS: ~ ~ ~A//~/ A~I~[~JN: COUNCILMEMBERS ^11~M ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED .gEP 1 6 1~2 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: L~W'~ENC(qE ~M. LE/~A~DINI - CITY ATTORNEY of the City of Bakersfield pjt res\r292slO.cc ORIGINAL F, XttlBIT "A" GPA 2-92. Segment X Zone Change 5323 Recommended Mitigation Measures Conditions of Approval 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 (?onsmvation Plan. (Mitigation) Fhe P (Parking) zone shall be 65 feet in width, located between the M-1 zone and the R-1 zone, for a total of 1.52 acres. (Condition) The subdivider shall construct an 8-foot high block wall between the proposed R-l and the existing M-1 zones prior to recordation of any subdivision map. (Condition) l.andscaping on the east side of the 8-foot wall separating the M-1 and R-1 zones shall be 10 feet in width, with minimum 15 gallon trees placed every 30 feet. The landscaping will be implemented at the time of any site plan review for any industrial development. (Condition) '11ae maximum height of all buildings on the M-1 properties shall be limited to 35 feet. This condition will be implemented through the site plan review process for any industrial development. (Condition) 10. Prior to recordation o1 a final subdivision map, the subdivider shall construct a continuous 6-foot high masonry wall with rock pilasters along the entire northern side of Meany Avenue (from Coffee Road, east of Riverlakes Drive, to Patton Way), following the Wall Details for Major Collectors on Exhibit 4IF of the Riverlakes Ranch Specific Plan. The wall shah be constructed within the right-of-way, except as provided within Exhibits "1" and "2", and shall be within an easement to incorporate it within the Riverlakes Ranch Maintenance District. (Condition) Prior to recordation of final subdivision map, the subdivider shah provide landscaping along the Meany Avenue wall in accordance with the Street Landscape and Master Landscape requirements for Major Collector Streets, as shown in Exhibits 37C and 37F, of the Riverlakes Ranch Specific Plan, and as indicated in Exhibits "1" and "2". (Condition) Fhe masonry wail on Meany Avenue shall include a wooden gate painted the same color as the wall at the BeardsIcy Canal headwall (approximately 750 feet from Coffee Road) in order to provide City access for canal maintenance. Access to the relocated BeardsIcy Canal shall be maintained along Patton Way. (Condition) The subdivider shall install a six-foot high chain link fence with wooden slats along the northern edge of the canal, within the canal right-of-way, and its maintenance the responsibility of the City Water Department. The fence is required to be installed prior to recordation of a subdivision map. (Condition) The subdivider shall construct the six-foot high block wall between the proposed R-1 and the existing (7-2 properties, prior to recordation of a subdivision map. This wall shah be plain-grey concrete block to match existing area walls separating R-1 and C-2 zones. (Condition) ORIGINAL l£xhibit "A" GPA 2-92, Seg. X ZC 5323 Page 2 I1. 12. 13. 14. 15. 16. 17. 18. 19. 20. Prior to linal recordation of any subdivision map, the subdivider shall construct a six-foot high, grounded chain link fence with wood slats between the residences on the northern edge of the site and the existing PG&E power line easement. The fence will not be placed within the power line casements. (Condition) All injection and oil well sites within the R-I area must be abandoned according to California Department ol Oil and Gas regulations, prior to recordation of any subdivision map. (Mitigation) Prior to recordation of a final subdivision map, the subdivider shall pay to, or make such other acceptable arrangements as agreed to with the North Bakersfield Recreation and Park District, an in- lieu park fee of $125(I per gross acre (or a total of $74,375) R)r park requirements for the development. (Condition) l'he masonry. wall, landscaping and berm buffer requiredon the north side of Meany Avenue between ('offce Road and the Beardsley Canal headwall shall be designed according to Exhibits "1" and "2". (Conditk)n) 'llm construction of improvements listed in Conditions 3, 6, 7, 9, 10, 11 and 14 shall be phased as approved by the City Engineer. (Condition) I'his approval is expressly conditioned on full compliance with the terms and conditions of the Memorandum of Understanding entered into between the developer and the Kern Union High School District dated July 16, 1992. (Condition) 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 potential increase in trip generation between the proposed land use and the existing land use. The signals and the developer's proportionate share are as follows: (Condition) Patton Way at Mcany Ave Meany Avenue at Fruitvale Ave $ 6,840.00 $ 3,360.00 (5.7% of $120,000.00) (2.8% of $120,000.00) $ 10,200.00 Offers of dedication will be required to allow for the construction of the entire portion of Coffee Road within the project area to arterial standards. Such offer shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. The offer of dedication, fully executed, shall be submitted to the City prior to development or recordation of any subdivision map or certificate of compliance within the GPA area. (Condition) t)ffers of dedication will be required to allow for the construction of the entire portion of Patton Way and Meany Avenue within the project area to collector standards. Such offers shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. The offers of dedication, fully executed, shall be submitted to the City prior to development t~r recordation of any subdivision map or certificate of compliance within the GPA area. (Condition) Meany Avenue and Coffee Road improvements shall be constructed with the future subdivision or development within the project area. (Condition) ORIGINAL Exhibit "A" GPA 2-92, Seg. X ZC 5323 Page 3 21. 22. 23. Patton Way shall be constructed with future subdivision or development within the project area and shall be connected to the existing pavement along the east side of the road. (Condition) At the time of further development or subdivision, the property owner(s) within the GPA area of any 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. (Condition) Construction of improvements listed in items 20 and 21 above shall be phased as approved by the City l!ngineer. (Condition) ORIGINAL EXHIBIT "B" GPA 2-92, Segment X & Zone Change 5323 Riverlakes Ranch Specific Plan Text, Map, and F~hibit Amendments Amend Development Concept Map (F~hibit 8A), Land Use Concept Map (Exhibit 10A), Zoning Plan Map (Exhibit 10B), and Phase 2 Plan Map (Exhibit 10D) to reflect approved land use designations and zoning. Amend Exhibit 41G (Wall and Fencing Plan) to show a six-foot high masonry wall with rock pilasters along the entire northern side of Meany Avenue between Coffee Road and Patton Way. Amend Exhibit 41G (Wall and Fencing Plan) to show existing power lines, and a six-foot grounded chain link fence with wood slats at the northern edge of the site, between proposed residential designation and existing PG&E power line casement. Amend Exhibit 41G (Wall and Fencing Plan) to show relocated Beardsley Canal and requirement for a six-foot chain link fence with wood slats along the northern edge of the canal, within the canal right-of-way. Amend Chapter 13.4.7, Development Standards, Buffers and Fences, Page 36, to add: #4. Screening fences and walls along arterial and collector roads shall include gated access to canal entrances, drainage basins and other public works sites, at locations and of materials approved by the City of Bakersfield. Amend Chapter 13.7, Industrial Design Standards, Page 45, to read as follows: #3. Sc:bac& lot coverage, lot size, building hoight, parking, and other standards shall comply with the M-1 (Limited Manufacturing) zone standards of the City of Bakersfield Zoning Ordinance, except where provisions of this Specific Plan, such tar a~otbacks are more restrictive or as approved by the Planning /tgen~ as part of a development plan or final subdivision tract map. #4. Separation between M-1 zoned lands and residential zoned property shall include an eight-foot high block wall, and be installed prior to recordation of any resMential subdivision map. Setbacks for industrial buildings adjacent to residential uses shall be a minimum of 65 feet. A ten-foot wide landscape strip, containing minimum 15 gallon trees located a minimum of every 30feet, shall be placed on the industrial side of tbe wail as additional screening. The landscaping will be implemented at the time of site plan review for any industrial development. #5. The maximum height of all industrial buildings within M-1 zones on properties abutting residential uses shall be limited to 35 .feet. p:292sx.ex ORIGINAL W WN O~ ~.\F..LD ~'oxl~o° I ~X'I-1113IT NO, "i' -.~ 9' 14' . PAl) SEC I ION LOOKING F/EST GPA 2-92, SEGMENT X RIVERLAKES RANCH AMENDMENT H~R LR HR oOl~Y O,,~ I ~ OS-P IGC 16 21 OC ~IT¥ LI SI o 400 I I '129S, R27E ~