HomeMy WebLinkAboutRES NO 162-92RESOLUTION NO. 162-92
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
VII 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 VII 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 VII of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT VII:
CORNERSTONE ENGINEERING has applied to amend
the Land Use Element of the Metropolitan Bakersfield 2010
General Plan consisting of a change from SI (Service
Industrial) to LR (Low Density Residential) on 9.1 gross
acres and SI (Service Industrial) to GC (General
Commercial) on 1.7 acres located at the northeast corner of
East Brundage Lane and Oswell Street.
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
WHEREAS, by Resolution No. 31-92 on June 18, 1992, the Planning
Commission recommended approval and adoption of Segment VII 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 VII 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 followed.
3. The proposed General Plan Amendment, as mitigated through
measures listed in Exhibit "A", will not have a significant adverse effect on the
environment.
4. The proposed General Plan Amendment, as conditioned in Exhibit "A",
is compatible with existing zoning and land use designations and development in
surrounding areas and the project area.
5. The requested General Plan Amendment, as conditioned in Exhibit "A",
is consistent with the goals and policies of the Metropolitan Bakersfield 2010 General
Plan.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
I. The above recitals and findings, incorporated herein, are true and
correct.
2. The Negative Declaration with mitigation listed in Exhibit "A" for
Segment VII 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
4. The City Council hereby approves and adopts Segment VII 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 at the
northeast corner of East Brundage Lane and Oswell Street, subject to conditions and
mitigation measures listed in Exhibit "A".
$. That Segment VII, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 2-92.
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
AU6 2 6 1992 by the following vote:
AYES; COUNCILMEMBERS: EOWARnc n.~nun
............................ ~ MeOrcRM~, SALVAGGIO
NOES: COUNCILMEMBERS: __L~.Dcrm~?r-~
~SENT COUNC~LMEEB~S:
ABSTAIN: CO~ILMEM6ER~ NoNE .... ~ .......
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AU8 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"
Recommended Conditions of Approval and
Mitigation Measures
GPA 2-92, Segment VII
Zone Change #5318
In order to mitigate the impacts of any natural to urban land conversion on the
San Joaquin kit fox (a State and Federally-listed endangered species), the
applicant must, prior to ground disturbance, follow the Advisory Notice, detailing
the Interim Mitigation Measures established for the Metropolitan Bakersfield
Habitat Conservation Plan. (Mitigation)
Prior to recordation of any residential subdivision that contains lots within the
10.8 acre GPA area (see Exhibit "B"), the subdivider shall pay $5,885 per dwelling
unit to the Fairfax School District or form a Mello-Roos District CFD, or some
other mitigation acceptable to the District. This fee shall only apply to lots that
have 50% or more of their lot area within the GPA site. (Mitigation)
This approval is expressly conditioned on full compliance with the terms and
conditions of a Memorandum of Understanding entered into between the
developer and the Kern Union High School District dated June 18, 1992.
(Mitigation)
Upon further subdivision or development of the commercial site, 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:
Oswell St. at Brundage Lane
Oswell St. at EB St. Rt. 58
Fairfax Rd. at EB St. Rt. 58
Oswell St. at WB St. Rt. 58
Fairfax Rd. at WB St. Rt. 58
TOTAL
(Condition)
$ 9,240
$ 7,040
$1,760
$ 7,320
$1,560
$26,920
(7.7% of $120,000)
(4.4% of $160,000)
(1.1% of $160,000)
(6.1% of $120,000)
(1.3% of $120,000)
Upon further subdivision or development of the commercial site, the developer
shall pay to the City a fee for his proportionate share of the cost of widening
Fairfax Road to 4 lanes between Brundage Lane and State Route 58. The
proportionate share is based on a 30,000 average daily trip (ADT) capacity
increase of the street resulting from the widening. The proportionate share for
the entire project is $848 (1.6% x $53,000 = $848). (Condition)
ORIGINAL
Exhibit "A"
GPA 2-92, Seg. VII
ZC #5318
Page 2
10.
11.
Upon further subdivision or development of the commercial site, the developer
shall pay to the City a fee for his proportionate share of the cost of widening
Fairfax Road to 4 lanes between Brundage Lane and Edison Highway. The
proportionate share is based on a 30,000 average daily trip (ADT) capacity
increase of the street resulting from the widening. The proportionate share for
the entire project is $636 (0.6% x 106,000 = $636). (Condition)
Offers of dedication will be required to allow for the construction of the entire
portions of Brundage Lane and Oswell Street 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
commercial area. (Condition)
The applicant shall submit a comprehensive sewerage study of the commercial
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 commercial project area. (Condition)
Brundage Lane and Oswell Street are future bikeways 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)
At the time of further development or subdivision of the commercial area, 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 General Commercial frontages along Oswell Street and Brundage Lane shall
be constructed with development of the commercial site or with development of
the adjacent residential areas fronting those streets. (Condition)
ORIGINAL
EXHIBIT B
GENERAL PLAN AMENDMENT
2-92, SEGMENT VII
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ORIGINAL