HomeMy WebLinkAboutRES NO 164-92RESOLUTION NO. 164-92
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 tune 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
ORtGiNAL
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 with the exception of the 500 feet on the northern border of the property,
constituting changes as shown on the map marked Exhibit "A" with the exception of the
500 feet on the northern border of the property, 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
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
August 26, 1992 by the following vote:
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS; BRai. SM~[~r~
ABSTAtN' COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED August 26, 1992
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWrenCE 'M.~L '~qARDIN I
CITY ATFORNEY of the City of Bakersfield
pit
re~r292s9.ccl
ORIGINAL
GENERAL PLAN AMENDMENT
2-92, SEGMENT IX
,-'::' '~i'~':'.'.'.':':':':':':"-'-'-'-'-'.'-'-,i.'.i.'..'.'.'..'.:.,~'~, ,"---'
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::,~,~
::::::::::::::::::::::::: ......:.:.:.:....................-.-,,-~
2' _-,. -
'~ -'~* ============================ :::::::::::::::::::::::::::::: ,
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
h'.'...-...-.-...-.-.-...-........:.:..:.. :'.,/:'..,. '.--.'.~'.:.:.:.:.:.: ......~'
· '.'.'.'.'.'.'.'.'.'.' '.'.' · '. .....: - - . ~-'-'..'-'...- :.. '. :--:-:. :, :.: ..........
":'"'"'"'"'"'"""""'"'""'"':': :':'/'~""" · '":"~'-~:i:!:!:i::':':': ....:':'"'
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
~ ....................... ...............~,..........-....-.........- .~-..-.-...: :: :::-'.-.'.'.-. - ..
! =================================================================================== :! ::
...................................
........ ==================================================================
· .-.-.-...-.-.- .....~. ............................
-'-'.'.'.'-'-'-'-'-'-'.'-'.'-'-'~ '"'""' ':':':':':':': .....:':' ':' · ':':';':':':~'
:::::::::::::::::::::::::::::::::::::::::: !-:~ ~ t :-_: :::: i -_---_: -_: -.' ~- ::.
.:. _: ~-ZE-::::-_
T'.JOS, R27E
ORIGINAL ~ EXHIBIT "A"
EXHIBIT "B"
Conditions of Approval
General Plan Amendment 2-92, Segment IX
Prezoning No. 5322
In order to mitigate the impacts of any devekipment of the site on the kit fox (a Federaftv-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 nec, essary 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 strn~ture may b~ 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)
[f the high school site is not developed, any subdivision proposal of the "school site" shall provide
a traffic study., with the tentative map, idcntilying any traffic impacts associated with said
subdivision. All measures listed by the study shall be completed prior to tract recordation.
(Condition)
A six-foot solld block wall shaft 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 shah 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 High 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:
'Panama l.ane at Ashe Rd $ 3.600.00
*Panama Lane at Stine Rd $ 7,200.00
*St. Rt. 119 at Stine Rd $ 1,560.00
Stine Rd at McCutchen Rd $ 22,600.00
Stine Rd at McKee Rd $ 14,500.00
(Condition)
(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"
(}PA 2-92. Seg. IX
Prezoning #5322
Page 2
Stine Rd at Berkshire Rd
Hosking Ave at N/S coil.
McKee Rd at N/S coil
TOTAL
$ 14,400.00
$ 7,440.00
$ 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 shall
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. The 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 shall 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. The 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'~edication 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)
lhe apphcant shall subnut a comprehensive drainage study ot 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.
ORIGINAL
Exhibit "B"
(3PA 2-92. Seg. IX
Prezoning ~t5322
Page 3
I~e 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
suitdivision map or certificate of compliance or submittal of any development plan within the
project area. (Condition)
The applicant shaft 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 shah 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 shaft
be constructed as required by. the 2010 General Plan for streets with bike lanes. (Condition)
10.
Paved transitions approved by the City Engineer will be required where the construction on Stine
Road meets existing pavement. (Condition)
11.
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 shah request to be annexed to an existing
maintenance district or request creation of a new maintenance district for their property.
(Condition)
12.
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) shah be included within the last phase o£ subdivision development
within the project area. and no Final Map shah 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)
13.
[he 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 shaft pay additional proportionate traffic
mitigation fees for those units. (Condition)
p:292s9.ex
OF~t~INAL