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HomeMy WebLinkAboutRES NO 176-92RESOLUTION NO. 176-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VIII 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 VIII 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 VIII of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VIII GREG GIBBONS representing Regional Mortgage has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from SR (Suburban Residential - < 4 dwelling units per net acre) to LR (Low Density Residential - _< 7.26 dwelling units per net acre) on 100 _+ acres located between Hosking, McKee, Akers and Stine Roads. 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. 33-92 on July 16, 1992, the Planning Commission recommended approval and adoption of Segment VIII 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, AUGUST 26, 1992, on the above described Segment VIII 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 given. 3. The proposed General Plan Amendment will not have a significant adverse effect on the environment. 4. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. 5. Conditions of approval attached to the project as Exhibit "A" are included in the project to mitigate impacts. 6. The agreement dated July 16, 1992, regarding school facility fees will mitigate impacts on the Buena Vista School District created by additional elementary and middle school students. 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 VIII with mitigation set forth in Exhibit "A" is hereby approved and adopted. 2 OFIIOINAL 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. 4. The City Council hereby approves and adopts Segment VIII 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 between Hosking, McKee, Akers and Stine Roads, subject to conditions of approval shown on Exhibit "A". 5. That Segment VIII, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-92. 3 Ot:!IGINAL 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 I 6 1~ by the following vote: A¥~ C6U~/&ILJ~EM~,~-'~ r r',-~RF~S DcMOND SMITH, PqU~ PE TERSON. McDERMOTT, SALV~10 ABSTAIN COUNCILMEMBERS hl~ M ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $EP 1. 6 1992 · NCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ~'~ 0M.~L ~ARDiNI LAWRENCE CITY ATTORNEY of the City of Bakersfield ~t res\r292s8.cc 4 ORIGINAL EXHIBIT "A" Conditions of Approval General Plan Amendment 2-92, Segment VIII Zone Change No. 5321 Planning Devartment: 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 (MBttCP). 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) This approval is expressly conditioned on full compliance with the terms and conditions in memorandums of understanding between the developer and the Kern High School District dated July 15, 1992, and the Panama-Buena Vista School District dated July 16, 1992. (Mitigation) No habitable portion of a structure may be built within 50 ft. of a gas main, or transmission line. (Condition) No habitable portion of a structure may be built within 50 ft. of an interstate or intrastate hazardous liquids pipeline. (Condition) 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. (Condition) The pipeline shall be located within a street right-of-way or other location acceptable to the Planning Director. (Condition) Public Works Department: 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. These fees shall be paid at the time of issuance of a building permit. The signals and the developer's proportionate share are as follows: *Panama Ln at Stine Rd $ 7,440.00 Panama Ln at Wible Rd $ 16,320.1210 Wible Rd at Hosking Ave $ 6,960.00 *Panama Ln at SB 99 ramp $ 10,200.00 *St. Rt. 119 at Stine Rd $ 2.280.00 *St. Rt. 119 at Wible Rd $ 1,440.00 St. Rt. 119 at Akers Rd $ 2,280.00 McKee Rd at Akcrs Rd $ 6,600.00 (6.2% of $120,000.00) (13.6% of $120,000.00) (5.8% of $120,000.00) (6.8% of $150,000.00) (1.9% of $120,000.00) (1.2% of $120,000.00) (1.9% of $120,000.00) (5.5% of $120,000.00) ORIGINAL Exhibit "A" GPA 2-92, Seg. VIII ZC 5321 Hosking Ave at Akers Rd $ 18,480.00 Berkshire Rd at Akers Rd $ 9,360.00 Panama Im at Akers Rd $ 12,840.00 Wible Rd at McKee Rd $ 2,040.00 Stine Rd at McKee Rd $ 6,600.00 Stine Rd at Hosking Rd $ 14,640.00 $ 117.480.00 (15.4% of $120,000.00) (7.8% of $120,000.00) (10.7% of $120,000.00) (1.7% of $120,000.00) (5.5% of $120,000.00) (12.2% of $120,000.00) In-lieu of the payment of the atx)ve fee of $117,480.00, the developer may pay a fee equal to the sum of $10,200 (for traffic signal at Panama Lane and southbound State Route 99 ramp) plus $750 per gross acre. This fee shall be proportioned across the lots within the tract and shall be paid at the time of issuance of a building permit. (Condition) 10. 11. Upon further subdivision or development, the developer shall pay to the City a fee for his proportionate share of the cost of widening the following overcrossings along State Route 99. This fee shall be paid at the time of issuance of a building permit. The proportionate shares are based on a 30,000 average daily trip (ADT) capacity increase of the crossings resulting from the widening: Overcrossing *Panama Lane *St. Rt. 119 (Condition) ADT ffomproiect Project provortionate share 1302 2.17%of $1,800,000.00 = $ 39,060.00 180 0.60%of $1,675,303.00 = $10,052.00 TOTAL = $ 49,112.00 Offers of dedication will be required to allow for the construction of the entire portion of Hosking Avenue 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 portion of Akers Road 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 having boundaries of ttosking Avenue, Stine Road, Akers Road, and McKee 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. OFIIGI~AL Exhibit "A" GPA 2-92, Seg. VIII ZC 5321 The 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) 12. The applicant shah 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) 13. 14. Stine Road is a future bikeway on the "Bikeway Master Plan" of the 2010 General Plan and 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 new streets meets existing pavement. (Condition) 15. 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) 16. ll~e project area is in 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. (Condition) 17. Upon further subdivision or development, the developer/subdivider shall pay to the City a fee for his proportionate share of the widening of the Akers Road crossing of the Arvin-Edison Canal. This fee shall be paid at the time of issuance of a building permit. The proportionate share for the entire project is $9,240.00 (3.3% x $280,000.00 = $9,240.00). (Condition) 18. The traffic impacts identified are based on 389 lots, while the land use proposed would allow more than 389 lots. If more or less than 389 lots are created, then the subdivider creating the lots shall pay proportionate traffic mitigation fees for those lots. (Condition) p:292s8.ea ORIGINAL EXHIBIT "B" GENERAL PLAN AMENDMENT 2-92, SEGMENT VIII LR m LR 26 ~,,U.TCH~. ?Tm-7. V-.~-~.~-~ ~...,__:.,~.~.~-7.~ 7.~ ~. ~.~ 7.~ 7.~ .~ ~.~...- ..... 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