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.~ .~ ~.~...- .....
SR ~::--:,:.:.:.:,:.:.:.:.:.:.:.:.:.:,:.:.:,:.:.:.:.:,:....~i ......
x'-: :::::::::::::::::::::::::::::::::::::::::::::::: ',:::::::::.:-: :.:.
~::,: ....... :.:.,.:.:.:.:.: .....'..'.'.-.-.'..,~.....-..,..,.....,.-:.
~': ......:':":"':'"'"'"'"'""'":"':':':':'!:i.~)':':':':':':':':':':':
i:':' =============================== ======================================
,° ..:.:..:.:.-.-.::-.-:-:.:-:-:-:-:-:-:-:-:.:.:.:.:.:...:... .. ..................
T~OS, R27£ ~ I
~9228
ORIGINAL