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Home My WebLink AboutRES NO 177-92RESOLUTION NO. 177-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT IX 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, on Segment IX 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 IX of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT IX: HAROLD ROBERTSON of Porter-Robertson Engineering 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) and HMR (High Medium Density Residential) located west of Stine Road between Hosking Avenue and McKee 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. 35-92 on June 18, 1992, the Planning Commission recommended approval and adoption of Segment IX subject to conditions listed in Exhibit "B" 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 IX 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 given. 3. Based on the initial study and comments received, staff determined that the proposed General Plan Amendment could not have a significant adverse effect on the environment. A Negative Declaration with mitigation measures was advertised and posted on April 27, 1992. 4. The recommended land use designations for the project site are consistent with the Metropolitan Bakersfield 2010 General Plan. 5. The proposed General Plan Amendment 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: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment IX 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 IX 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 "A," attached hereto and incorporated as though fully set forth, for property generally located west of Stine Road between Hosking Avenue and McKee Road, subject to conditions of approval shown on Exhibit "B." 5. That Segment IX, 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 S£P 1 6 fl~~ by the following vote: AYES; COUNCILMEMBERS: EDWARDS. DeMOND, SMITH. BR~N#ff, PETERSON, McDERMOTT, SALVA6'~10 NOES: COUNCILMEMBERS: ~0 ~ ~ ABSENT COUNCILMEMBERS: ~-~ ~JAI I A~STAIN: COUNCILMEMBEr' ~ 0 ~ ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED .$EP 1 ~ 1992 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: .~ L~WRENCE M. LUNtARDINI CITY ATFORNEY of the City of Bakersfield pit res/r292s9.cc OFII(~INAL GENERAL PLAN AMENDMENT 2-92, SEGMENT IX R-tA EXHIBIT "B" Conditions of Approval General Plan Amendment 2-92, Segment IX Prezoning No. 5322 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. Also, property owners within 250 feet of the natural gas transmission line shall be notified of the location of said line. (Mitigation) If the high school site is not developed, any subdivision proposal of the "school site" shah provide a traffic study, with the tentative map, identifying any traffic impacts associated with said subdivision. All measures listed by the study shall be completed prior to tract recordation. (Condition) A six-foot solid block wall shall be required where any proposed parking area within the school site is within ten feet of a property line adjacent to the multiple-family residential area. (Condition) The subdivider shall pay $4,746 per dwelling unit at the time of building permit to the Panama- Buena Vista Union School District or form a Mello-Roos CFD, or some other mitigation acceptable to the district. (Mitigation) The subdivider shall pay $3,878 to the Kern ftigh School District per dwelling unit at the time of building permit or form a Mello-Roos CFD, or some other mitigation acceptable to the district. This approval is expressly conditioned on full compliance with the terms and conditions of a Memoradum of Understanding entered into between the developer and the Kern High School District dated June 18, 1992. (Condition) Public Works: NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Impact Fee's contribution towards the item. 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) *Panama Lane at Ashe Rd *Panama Lane at Stine Rd *St. Rt. 119 at Stine Rd Stine Rd at McCutchen Rd Stine Rd at McKee Rd $ 3,600.00 $ 7,20O.OO $ 1,560.00 $ 22,6OO.O0 $ 14,500.00 (3.0% of $120,000.00) (6.0% of $120,000.00) (1.3% of $120,000.00) (18.8% of $120,000.00) (12.1% of $120,000.00) ORIGINAL Exhibit "B" GPA 2-92, Seg. IX Prezoning #5322 Page 2 Stine Rd at Berkshire Rd Itosking Ave at N/S coil. McKee Rd at N/S coil. TOTAL $ 14,400.00 $ 7,44O.00 $ 1,440.00 $ 72,740.00 (12.0% of $120,000.00) (6.2% of $120,000.00) (1.2% of $120,000.00) With the first development or subdivision within the project area, the developer/subdivider shah pay to the City a fee for his proportionate share of the widening of the Stine Road crossing of the Arvin-Edison Canal. The proportionate share for the entire project is $14,560.00 (5.2% x $280,000.00 = $14,560.00). (Condition) Upon further subdivision or development, the developer shall pay to the City a fee for his proportionate share of the cost of widening Panama Lane to 4 lanes between Ashe Road and Wible Road. rIlae proportionate share for the entire project is $9,752.00. (Condition) Ashe Rd to Stine Rd 2.1% x $212,000.00 Stine Rd. to Wible Rd 5.0% x $106,000.00 Total $4,452.00 $5,300.00 $9,752.00 Upon further subdivision or development, the developer shah pay to the City a fee for his proportionate share of the cost of widening State Route 119 to 4 lanes between Ashe Road and Stine Road. 'llae proportionate share for the entire project is $2,756.00. (Condition) Ashe Rd to Stine Rd 1.3% x $212,000.00 = $2,756.00 Offers of dedication will be required to allow for the construction of the entire portions of McCutchen Road and Stine Road within the project area to arterial 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 or recordation of any subdivision map or certificate of compliance within the GPA area. (Condition) Offers of dedication will be required to allow for the construction of the entire portions of the Collector Street along the west boundary of the project and McKee Road 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 or recordation of any subdivision map or certificate of compliance within the GPA area. (Condition) The applicant shall submit a comprehensive drainage study of the entire project area and including the area outside of the project boundary at the southwest corner of McCutchen Road and Stine Road. 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 applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system. Exhibit "B" GPA 2-92, Scg. IX Prezoning #5322 Page 3 10. 11. 12. 13. ]he drainage study shall be submitted to and approved by the City Engineer and the required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the project area. (Condition) The applicant shall submit a comprehensive sewerage study of the entire project area. The sewerage study should include, but not necessarily be limited to, sewerage calculations, pipe sizes and locations, and proposed invert elevations. The sewerage study shall be submitted to and approved by the City Engineer prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the project area. (Condition) Stine Road is a future bikeway on the "Bikeway Master Plan" of the 2010 General Plan. It shall be constructed as required by the 2010 General Plan for streets with bike lanes. (Condition) Paved transitions approved by the City Engineer will be required where the construction on Stine Road meets existing pavement. (Condition) At the time of further development or subdivision, the property owner(s) within the GPA area of any areas 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) The project area is within a transportation study corridor. The alignment preferred by City staff for the "South Beltway Freeway" extends across the north boundary of the project area. The area within the proposed right-of-way for this freeway (an area 210 feet wide along the entire northern boundary of the project area) shall be included within the last phase of subdivision development within the project area, and no Final Map shall be approved for such area until two years from the date of approval of this General Plan Amendment, unless an alternate alignment is approved. (Condition) The traffic study projected 469 units (191 single family and 278 multi-family) within the General Plan Area and analyzed the traffic generated from this number of units, while the land use proposed would allow more than 469 units. If more than 469 units are created, then the subdivider/developer creating the units exceeding 469 shall pay additional proportionate traffic mitigation fees for those units. (Condition) p:292s9.ex ORI(~INAL