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HomeMy WebLinkAboutRES NO 66-92RESOLUTION NO. 66-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT V OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 4-91, SEGMENT V). 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 December 19, 1991, on Segment V 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 V of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LI (Light Industrial) to: HMR (High Medium Density Residential), LMR (Low Medium Density Residential), LR (Low Density Residential) and GC (General Commercial) on 163 +/- acres located between the Arvin-Edison Canal, Hosking Avenue, South "H" Street and State Highway 99; 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. 88-91 on December 19, 1991, the Planning Commission recommended approval and adoption of Segment V subject to conditions listed in Exhibits "A" and mitigation measure 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, MARCH 25, 1992, on the above described Segment V 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 twenty- one (21) 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. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment. 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 V is hereby approved and adopted. 2 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 V 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 "D", attached hereto and incorporated as though fully set forth, for property generally located south of Arvin-Edison Canal, west of South "H" Street, east of Highway 99 and north of Hosking Avenue, subject to conditions of approval in Exhibit "A" and mitigation measures in Exhibit "B". 5. That Segment V, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-91. .......... 000 .......... 3 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 APR 2 2 199Z by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 2 2 1992 MAYOR of the City of Bakersfield APPROVED as to form: ~M~.L~UU A~Di~~ ~/~r~ LAWRENCE N CITY ATI~ORNEY of the City of Bakersfield pit l:rgpas5.cc 4 OR;G',r,~AL Exhibit "A" General Plan Amendment 4-91, Segment V (Zone Change #5244) Del Papa Site - NEC of Hosking Avenue and South "H" Street Conditions of Approval (Nos. 1 - 3) At time of Tentative Tract submittal or the submittal of plans for site plan review, the developer will be required to submit an archeological resources inventory for any proposed developments on-site. In order to mitigate the regional circulation impacts of the project, all land uses will be subject, prior to issuance of a building permit, to the fee schedule attached as Exhibit "C", adopted by the City Council on December 18, 1991, or such higher fee as may be subsequently adopted by the City Council. Public Works Department traffic impact fees: Prior to further subdivision or development, the developer shall either pay to the City fees or enter into an agreement with the City and post approved security to guarantee his proportionate share of future 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 developers proportionate share are as follows: Panama Lane at South H St. $ 15,400 Panama Lane at SB 99 ramp $ 6,000 Panama Lane at NB 99 ramp $ 6,000 South H St. at Berkshire Rd. $ 21,600 South H St. at Hosking Rd. $ 45,600 South H St. at McKee Rd. $ 10,800 South H St. at Panama Ln. $ 9,600 St. Rt. 99 NB at St. Rt. 119 $ 6,000 St. Rt. 99 SB at St. Rt. 119 $ 6,000 (11% of $140,000) ( 5% of $120,000) ( 5% of $120,000) (18% of $120,000) (38% of $120,000) ( 9% of $120,000) ( 8% of $120,000) ( 5% of $120,000) ( 5% of $120,000) Prior to further subdivision or development, the developer shall either pay to the City a fee or enter into an agreement with the City and post approved security to guarantee his proportionate share of the cost of widening the following overcrossings along State Route 99. The proportionate shares are based on a 30,000 average daily trip (ADT) capacity increase of the crossings resulting from the widening: Exhibit "A" Zone Change #5244 Page 2 Overcrossing ADT from project Project Proportionate Share Panama Lane Hosking Avenue State Route 119 588 2.0% of $2,000,000 = $ 40,000 882 2.9% of $2,000,000 = $ 58,000 588 2.0% of $2,000,000 = $ 40,000 TOTAL = $138,000 Offers of dedication will be required to allow for the construction of the entire portion of South H Street and Hosking Avenue within the zone change 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 zone change area. With the first development within the zone change project area, the portion of South "H" Street adjacent to the zone change area shall be constructed. Construction shall consist of the full west side (southbound) of South "H" Street, a full landscaped median island to provide left-turn lanes, and a minimum of one lane on the east side (northbound). With the first development within the zone change area, the portion of Hosking Avenue adjacent to the zone change area shall be constructed. Construction shall consist of the full north side (westbound) of Hosking Avenue, a full landscaped median island to provide left-turn lanes, and a minimum of one lane on the south side (eastbound). Prior to further subdivision or development, the subdivider/developer shall submit a comprehensive drainage study of the entire GPA area. 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. 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 GPA area. Exhibit "A" Zone Change #5244 Page 3 Prior to further subdivision or development, the subdivider/developer shall submit a comprehensive sewerage study of the entire GPA 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 GPA area. OR,G,t~L Exhibit "A" General Plan Amendment 4-91, Segment V (Zone Change #5247) Guimarra Site - Between Arvin Edison Canal, Hosking Avenue, South "H" Street and State Highway 99 excepting the NWC of South "H" Street and Hosking Avenue. Conditions of Approval (Nos. 4 - I0) The developer is required to dedicate and/or reserve a park site of 8 acres or more with the first final map recorded within the GPA 4-91, Segment V project area. Dedications will be required at the level of service of 2.5 acres per 1,000 population proposed. The area of the park not required to be dedicated shall be reserved to provide a total of 8 or more acres. At time of Tentative Tract submittal for the area zoned Limited Multiple Family Dwelling adjacent to Highway 99, the developer will be required to submit an acoustical report indicating the means the developer intends to comply with the noise standards indicated in the Noise Element. At time of Tentative Tract submittal or the submittal of plans for site plan review, the developer will be required to submit an archeological resources inventory for any proposed developments on-site. Prior to further subdivision or development, the subdivider/developer shall submit a comprehensive drainage study of the entire General Plan Amendment area. 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. The South H Street crossing of the Arvin-Edison Canal shall be widened to match the width of the road improvements specified above. 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 GPA area. OR;G:t!At.. Exhibit "A" Zone Change #5247 Page 2 10. Prior to further subdivision or development, the subdivider/developer shall submit a comprehensive sewerage study of the entire General Plan Amendment area. The sewerage study should include, but not necessarily be limited to, sewerage calculations, pipe sizes and locations, and proposed invert elevations. 2~he 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 GPA area. In order to mitigate the regional circulation impacts of the project, all land uses will be subject, prior to issuance of a building permit, to the fee schedule adopted by Ordinance No. 3429, adopted January 29, 1992, or such higher fee as may be subsequently adopted by the City Council. Public Works Department traffic impact fees: Prior to further subdivision or development, the developer shall either pay to the City fees or enter into an agreement with the City and post approved security to guarantee his proportionate share of future 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 developers proportionate share are as follows: Panama Lane at South H St. $10,360 Panama Lane at SB 99 ramp $ 5,760 Panama Lane at NB 99 ramp $ 7,020 South H St. at Berkshire Rd. $23,160 (14.8% of $140,000/2) (9.6% of $120,000/2) (11.7% of $120,000/2) (19.3% of $120,000) Freeway Ramp Meters: Panama Lane at NB 99 ramp $ 2,375 (4.73% of $ 50,000) Prior to further subdivision or development, the developer shall either pay to the City a fee or enter into an agreement with the City and post approved security to guarantee his proportionate share of the cost of widening the following overcrossings along State Route 99. 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 Hosking Avenue ADT from project 2,589 8.6% of $1,800,000/2 518 1.73% of $1,800,000 TOTAL = Project Proportionate Share = $77,4O0 = $31,140 $108,540, Exhibit "A" Zone Change #5247 Page 3 Prior to further subdivision or development, the developer shall either pay to the City a fee or enter into an agreement with the City and post approved security to guarantee his appropriate share of the cost of widening State Route 99 between White Lane and Hosking Avenue. 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 Project Project Proportionate Share Panama Ln to Hosking Ave. White Ln to Panama Ln 1,314 445 2.23% of $500,000 6.57% of $750,000 TOTAL = $11,150 = $49,275 = $60,425 Offers of dedication will be required to allow for the construction of the entire portion of South H Street between the Arvin-Edison Canal and the south line of Lot 31 (in Section 25, T30S, R27E, as shown on Sales Map No.1 of Lands of J.B. Haggin, filed May 3, 1889) to arterial standards and the entire portion of Berkshire Road between South H Street and State Route 99 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. With the first development within the zone change area, the west side (southbound) of South H Street, a full landscaped median island to provide left-turn lanes, and a minimum of one lane on the east side (northbound) of South H Street shall be constructed. The developer shall pay a proportionate share of the cost of widening the South "H" Street Canal crossing of the Arvin-Edison Canal based on a capacity increase of 24,000 ADT and estimated cost of construction of $150,000. Canal Crossing ADT Proj. South "H" Street at Arvin-Edison Canal 8,100 Project Proportionate Share 33.8% of $150,000 = $50,700 OR;G:NAL Exhibit "A" Zone Change #5247 Page 4 To meet the recommendations of Caltrans, the developer shall, prior to further subdivision or development, either pay to the City a fee or enter into an agreement with the City and post approved security to guarantee his appropriate share of the cost of providing an additional southbound off-ramp lane at the Route 99/Panama Lane interchange. Developer shall supply an estimate of the cost for constructing the additional lane and justification for the applicant's proportionate share to the City Engineer to be reviewed for approval, prior to further subdivision or development. Exhibit "B" General Plan Amendment 4-91, Segment V Mitigation Measures 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. l:rgpas5.pc OR,~MAL Exhibit "C" General Plan Amendment 4-91, Segment V Zone Change 5247 Zone Change 5244 LAND USE TYPE TYPE FEE NO. PER UNIT PROJECTED INCOME RESIDENTIAL PER LIVING UNIT Single Family, detached Multi-Family 1 2 $1,179 $ 828 NON-RESIDENTIAL PER ADT* TRIP $141,708,191 $ 12,183,323 Heavy/Service Industrial 3 $ Light Industrial 4 $ OFFICE COMMERCIAL Under 100,000 sq.ft 5 $ 33 100,000 - 199,999 sq.ft. 6 $ 39 200,000 sq.ft. & over 7 $ 41 RETAIL COMMERCIAL Under 10,000 sq.ft. 8 $ 39 10,000 - 49,999 sq.ft. 9 $ 25 50,000 - 99,999 sq.ft. 10 $ 28 100,000 - 199,999 sq.ft. 11 $ 31 200,000 o 299,999 sq.ft. 12 $ 35 300,000 - 399,999 sq.ft. 13 $ 44 400,000 - 499,999 sq.ft. 14 $ 53 500,000 - 999,999 sq.ft. 15 $ 64 1,000,000 sq.ft. & over 16 $ 71 87 $ 4,285,611 38 $ 4,651,668 $ 3,720,954 $ 47,982,813 TOTAL REVENUE DEVELOPED BY FEE $214,532,560 * ADT: Average Daily Traffic (with retail under 10K @ 50%) EXHIBIT D PLANNING COMMISSION RECOMMENDATION GENERAL PLAN AMENDMENT 4-91, SEGMENT V P U . ::::::::::::::::::::::::::::: T30S, R27E: ~T30S, R28E