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HomeMy WebLinkAboutRES NO 217-91RESOLUTION NO.'2 .~k 7 - 9 ]. A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 3-91). V~IEREAS, the Council of the City of Bakersfield referred Segment I of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan to the Planning Commission; and 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 THURSDAY, SEPTEMBER 19, 1991, on Segment I 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 I of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT I: LR (Low Density Residential - less than or equal to 7.26 dwelling units per net acre) on 126 +/o acres located along the west side of Wible Road between McKee Road and State Highway 119. 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 with 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. 70-91 on September 19, 1991, the Planning Commission recommended approval and adoption of Segment I 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, SEPTEMBER 19, 1991, on the above described Segment I 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 I 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. 4. The City Council hereby approves and adopts Segment I 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 "A", attached hereto and incorporated as though fully set forth, for property generally located along the west side of Wible Road between McKee Road and State Highway 119, subject to conditions of approval shown on Exhibit "B" and mitigation measures in Exhibit "C". 5. That Segment I, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 3-91. .......... 000 .......... 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by N OV - 6 19 91 by the following vote: AYES,: COUNCILMEMBERS EDWARDS, OeMOND, SMITH,"~I~IN~IT PETERSON, McOERMOi'q', SALVAGGtO NO£S, COUNCILMEMBERS A~SENT COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS A CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NO~I - 6 1991 MAYOR of the City of Bakersfield APPROVED as to form: CITY ATFORNEY of the City of Bakersfield Attachments: RD:pjt a:cc.sl Exhibit "A" Exhibit "B" Exhibit "C" 4 EXHIBIT "A" GENERAL PLAN AMENDMENT 3-91, SEGMENT I R-IA 2 LIdR / U R-lA JSR I R-lA I P LR Planning 1. Public 3. EXHIBIT "B" Conditions of Approval General Plan Amendment 3-91, Segment I Zone Change 5213 Zoning Upon Annexation 5213 All electrical illumination facilities shall be directional and aligned so as to limit light and glare impacts on residential development. Any site plan approval for the commercially designated area must delineate location and specifics of lights and is subject to approval by the Director of Planning. The maximum number of dwelling units shall be 500 units (5.3 units per net acre) based on the applicant's traffic study addressing 500 single family dwellings. Works 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 h/s 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: W~le Road at St. Rt. 119 W~le Road at Hosking Road Wible Road at McKee Road St. Rt. 119 at St. Rt. 99 S. St. Rt. 119 at St. Rt. 99 N. South H St. at St. Rt. 119 $ 19,600.00 (16.4% of $120,000.00) $ 10,300.00 (8.6% of $120,000.00) $ 35,600.00 (29.7% of $120,000.00) $ 9,100.00 (7.6% of $120,000.00) $ 7,600.00 (6.3% of $120,000.00) $ 4,900.00 (4.1% of $120,000.00) TOTAL $ 87,100.00 Said agreement shall require that payment be made to the city upon demand at the time funds are required for signal conslxuction. 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 State Route 119 overcrossing at State Route 99. As presented in the traffic study performed by Ronald F. Ruettgers, the volume of project traffic using this overcrossing results in an estimated proportionate share cost of $100,000. ORIGINAL Exhibit "B" - Conditions of Approval GPA 3-91, Seg. I Page 2 Offers of dedication will be required to allow for the construction of the entire portion of Wible Road within the project area to arterial standards and the entire portion of McKee Road within the project arga 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. The applicant shall submit a comprehensive drainage study of the entire project area (zone change area and annexation area). The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, 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 project area. The applicant shall submit a comprehensive sewerage study of the entire project area (zone change area and annexation area). The sewerage study should include, but not necessarily be limited to, sewerage calculations, pipe sizes and locations, pump station calculations and locations, and proposed invert elevations. The sewer line currently being constructed in Akers Road between Hosking Road and McKee Road has not been designed to have capacity to serve the GPA area. 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. Wible Road and State Route 119 are future bikeways on the "Bikeway Master Plan" of the 2010 General Plan. They shall be constructed as required by the 2010 General Plan for streets with bike lanes and, for State Route 119 only, also as required by Caltrans. Offers of dedication will be required to allow for the construction of the entire portion of State Route 119 within the project area to Caltrans standards and to City 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. EXHIBIT "C" Mitigation Measure General Plan Amendment 3-91, Segment I Zone Change 5213 Zoning Upon Annexation 5213 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. a:sl Minutes, PC, 9/19/91 Page 15 10.1 a-d PUBLIC HEARING - GENERAL PLAN AMENDMENT 3-91, SEGMENT ZONE CHANGE AND ZONING UPON ANNEXATION #5213 & WlBLE NO. 11 ANNEXATION (Negative Declaration on file) Staff report was given._ Public portion of the hearing was opened; no one spoke in opposition. Herb Hull was present to speak in favor. He said they have a problem with condition numbers 5 and 6 regarding signalization and widening of State Route 119 overcrossing respectively. He felt both conditions would kill the project. He felt the area of benefit would be much larger than just his development. Mr. Kloepper said the conditions are based on the proportionate share of traffic to this project. Mr. Hull asked if the area of benefit for these conditions had been defined. Mr. Kloepper outlined the definition of these calculations being based on the amount of traffic generated and based in proportion to the capacity of the structures. In response to comments by Mr. Hull, Chairman Marino said what is being applied to this project is less than 70 percent of the cost of one signal. Mr. Kloepper said he would accept the fees based on a per lot basis. Mr. Hull said he could be agreeable to a per lot payment on the signalization. In response to a question by Chairman Marino, Mr. Hull said he was aware of all conditions.required. Mr. Kloepper outlined the changes to conditions of memo from Public Works Department. Public portion of the hearing was closed. Commissioner Bjorn questioned about the issues raised in the letter from the Kern High School District. Ms. Marino said the High School District is saying the project would have a slight effect on public schools, however they are not specific about the impact. Nothing they have raised would overcome the initial evaluation. Regarding Condition #5 Chairman Marino felt the condition may be excessive. Condition #6 he felt this was rather excessive on a project this size. Commissioner Powers said he was not in agreement with deleting Condition #1 of Planning Conditions. Mr. Grady said this condition was inadvertently placed on this project, there is no information showing it is necessapy, however the Commission may include it. Minutes, PC, 9/19/91 Page 16 10.1 a-d PUBLIC HEARING - GENERAL PLAN AMENDMENT 3-91, SEGMENT ZONE CHANGE AND ZONING UPON ANNEXATION #5213 & WIBLE NO. 11 ANNEXATION (Negative Declaration on file) (Continued) Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt resolution making findings as set forth in staff report, approving the Negative Declaration with mitigation measure listed in Exhibit "B", and approving the requested LR (Low Density Residential, 7.26 DU/net acre) subject to the conditions of approval listed in the attached Exhibit "A", with the following changes to Exhibit "A": conditions #1 and 4 deleted, Condition #9 to be changed per the memo from the Public Works Department dated September 19, 1991 and condition #7 to add additional language as provided in the memo dated September 19, 1991 from the Public Works Department and recommend same to the City Council. In response to a question by Commissioner Bjorn, Mr. Kloepper said rather than require Condition #6 possibly the applicant may come back with another General Plan Amendment if it shows the fee is excessive then it could be modified to read as follows: As presented in the traffic study performed by Ronald F. Ruettgers the volume of project traffic using this overcrossing results in an estimated proportionate share cost of $100,000. Motion carried by the following roll call vote: AYES: Commissioners Anderson, Bjorn, Cohn, Frapwell, Powers, Rosenlieb, Marino NOES: None ABSENT: Commissioner Messnet Minutes, PC, 9/19/91 Page 17 10.1 a-d PUBLIC HEARING - GENERAL PLAN AMENDMENT 3-91, SEGMENT I, ZONE CHANGE AND ZONING UPON ANNEXATION #5213 & WIBLE NO. 11 ANNEXATION (Negative Declaration on file) (Continued) Motion was made by Commissioner Rosenlieb, seconded by Commissioner Cohn to adopt resolution making findings as set forth in the staff report, approving the Negative Declaration with mitigation measure listed in Exhibit "B", and approving City R-1 (One Family Dwelling), and R-1 and C-2 (Commercial) annexation prezonings subject to the conditions shown on Exhibit "A" and as amended in the previous motion and as shown on the zone change map and zoning upon annexation map. Motion carried by the following roll call vote: AYES: Commissioners Anderson, Bjorn, Cohn, Frapwell, Powers, Rosenlieb, Marino NOES: None ABSENT: Commissioner Messher Commissioner Cohn directed the City Attorney to contact Kern High School District to advise them with respect to their letter if they have concerns of mitigation not being adequately met, it is their responsibility to provide the Commission with some guidance as to their oppositions. Attorney Marino said this is a standard procedure. Commissioner Anderson requested a copy of the standard response to the School District. Commissioner Bjorn said there should be another effort by the City to show good faith in attempting to address these issues raised by the school district since the Commission is working with a task force regarding school issues. Mr. Grady stated two motions were inadvertently omitted on this item and must be prepared for approval. Motion was made by Commissioner Bjorn, seconded by Commissioner Cohn to reopen the public portion of the hearing and continue this item until after the hearing on Item #10.4). Motion carried.