HomeMy WebLinkAboutRES NO 163-92RESOLUTION NO. 163-92
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
XI 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 XI 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 XI of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT XI
HERSHEL MOORE 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 - < to 7.26 dwelling units per net acre) on 145 +_
acres generally located between McKee Road and Taft
Highway (SH 119) and east of Stine 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. 37-92 on July 16, 1992, the Planning
Commission recommended approval and adoption of Segment XI 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 XI 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. 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.
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 XI with mitigation as set forth
in Exhibit "A" 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.
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4. The City Council hereby approves and adopts Segment XI 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
McKee Road and Taft Highway (SH 119) and east of Stine Road, subject to conditions
of approval shown on Exhibit "A".
5. That Segment XI, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 2-92.
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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
I~BG 2 6 ~Z by the following vote:
AYES, COUNC!iMC:~:7~;;~ ;'~v - ~S ~
NOES; COUNCILbfE~,LZ !.~ ...... O,,,,~uf~O, 9~'~H, B'P~N~I, PETERSON. McOERMO~, ~LV~GG~O
~SENT COUNCIL~;~ B'J~'" ~ ~ ~ ~ ~ ~
~AIN: COUNCILMEMBERS, ~ ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 6 1992
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
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ORIGINAL
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 2-92, Segment XI
Zone Change No. 5335
Plannine 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
(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)
This approval is expressly conditioned on full compliance with the terms and conditions in
memorandums of understanding entered into between the developer and the Panama-Buena Vista
School District, dated July 16, 1992 and the Kern High School District dated July 15, 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 Devartment:
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:
*St. Rt. 119 at SB St. Rt. 99 $11,280.00 (9.4% of $120,000.00)
Freeway Ramp Meters
St. Rt. 119 at SB 99 ramp $ 1,350.00 (2.7% of $50,000.00)
St. Rt. 119 at NB 99 ramp $ 4,300.00 (8.6% of $50,000.00)
TOTAL $ 141,370.00
ORIGINAL
Exhibit "A"
ZC 5335
In-lieu of the payment of the above fee of $141,370.00, the developer may pay a fee equal to the
sum of $16,930 (for the traffic signal located at State Route 119 and the south southbound State
Route 99 ramp and the northbound and southbound ramp meters for State Route 99 at State
Route 119) 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)
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 overcrossing along State Route 99. This
fee shall be paid at the time of issuance of a building permit. The proportionate share is based on
a 30,000 average daily trip (ADT) capacity increase of the crossings resulting from the widening:
Overcrossine ADTfromproiect
*St. Rt. 119 1,240
Proiect proportionate share
2.07%of $1,675,303.00 = $ 34,623.00
10.
11.
(Condition)
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 99 between White Lane and Hosldng
Road. This fee shall be paid at the time of issuance of a building permit. As presented in the
traffic study, the volume of project traffic using this portion of the Freeway and the proportionate
share are presented as follows:
Section of Freeway ADT from proiect
Panama Ln to St. Rt. 119 1,178
St. Rt. 119 to ltoughton Rd. 330
Project proportionate share
7.85%of $1,000,000.00 = $78,533.00
2.20%of $1,000,000.00 = $22,000.00
TOTAL = $100,533.00
(Condition)
Offers of dedication will be required to allow for the construction of the entire portion of State
Route 119 within the project area to arterial standards or greater as required by CalTrans. 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 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. 'Ihe 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)
ORIGINAl
Exhibit "A"
GPA 2-92, Seg. XI
ZC 5335
12.
13.
14.
15.
16.
17.
18.
19.
20.
The applicant shah submit a comprehensive drainage study of the entire project area and including
the area between the west project boundary and Stine Road that is not a school site. 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 shah
initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the
drainage system.
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)
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.
~lhe 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. The applicant should note that the original plan to sewer this area from a line in
Akers Road to a lift station at the corner of Akers Road and Hosking Road may not be adequate
for the additional density allowed under the proposed land use due to trunk sewer line and pump
station restrictions. (Condition)
A bus turnout shall be constructed on State Route 119 west of Lee Ann Drive in accordance with
the requirements of Golden Empire Transit. (Condition)
State Route 119 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 and as
required by Caltrans. (Condition)
Paved transitions approved by the City Engineer will be required where the construction on State
Route 119 meet 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 shah 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. (Condition)
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 $1,680.00 (0.6% x $280,000.00 = $1,680.00). (Condition)
The traffic impacts identified in items 1., 2., 3., and 13. above are based on 650 lots. The unit cost
per single family lot shall be proportional to the 650 lots and shall be maintained irregardless of
the number of lots that are finally created so that proportionate traffic mitigation will be achieved.
ORIGINAL
Exhibit "A"
GPA 2-92, Seg. XI
ZC 5335
21.
'Ihe traffic impact identified in items 7, 8, 9 and 19 above are based on 650 lots. The unit cost per
single family lot shall be calculated to be proportional to the 650 lots and maintained regardless of
the number of the lots that are finally created so that proportionate traffic mitigation will be
achieved. (Condition)
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ORIGINAL
EXHIBIT "B"
GENERAL PLAN AMENDMENT
2-92, SEGMENT XI
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