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.
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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
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Exhibit "A"
Exhibit "B"
Exhibit "C"
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EXHIBIT "A"
GENERAL PLAN AMENDMENT
3-91, SEGMENT I
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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.
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Minutes, PC, 9/19/91 Page 15
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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
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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
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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.