HomeMy WebLinkAboutRES NO 162-91RESOLUTION NO. 1 6
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND APPROVING SEGMENT
III OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN (LAND USE ELEMENT AMENDMENT
WHEREAS, the Council of the City of Bakersfield
referred Segment III 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 June 20, 1991,
on Segment III 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 ten (10) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, such Segment III of the proposed amendment to
the Land Use Element. of Metropolitan Bakersfield 2010 General
Plan is as follows:
SEGMENT III:
BATEY DEVELOPMENT has applied to amend the
Land Use Element of the Metropolitan
Bakersfield 2010 General Plan consisting of a
change from RI-A (Resource Intensive-
Agriculture) to LR (Low Density Residential)
on 73.79 acres and GC (General Commercial) on
6.15 acres located at the southwest corner of
Reina Road and Jewetta Avenue;
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 duly
followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 45-91 on June 20, 1991, the
Planning Commission recommended approval and adoption of Segment
III 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
14, 1991, on the above described Segment III 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.
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 findings of the Planning Commission, set forth
in Resolution 45-91, are true and correct.
3. The Negative Declaration for Segment III is hereby
approved and adopted.
4. 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.
5. The proposed General Plan Amendment would not have
a significant adverse effect on the environment.
6. Public necessity, convenience, general welfare and
good planning practices justify the proposed General Plan
Amendment.
7. The proposed General Plan Amendment will be
compatible with future development in surrounding areas and
development on the project area.
2
8. The City Council hereby approves and adopts Segment
III 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 "C", attached hereto and
incorporated as though fully set forth, for property generally
located at the southwest corner of Reina Road and Jewetta Avenue,
subject to conditions of approval shown on "A" and mitigation
measures in Exhibit "B".
9. That Segment III, approved herein, be combined with
other approved segments described in separate resolutions, to
form a single Land Use Element Amendment, GPA 2-91.
.......... o0o ..........
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 ! 4 1991 by
the following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McOERMOTI', SALVAGGIO
NOES; COUNCILMEMBERS; ~0/q£ .
AI~SE NT COUNCILMEMBERS' /Vf?~E
ABSTAIfi: COUNCILMEMBER~' jVOA/&'
Council of the City of Bakersfield
APPROVED AU$ ~. 4 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
a:ccR,s3
4
EXHIBIT "A"
General Plan Amendment 2-91, Segment
Conditions of Approval
III
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:
Jewetta Ave. at Reina Rd. $ 37,200
Jewetta Ave. at Noriega Rd. $ 30,000
Allen Rd. at Kratzmeyer Rd. $ 30,000
Jewetta Ave. at Kratzmeyer $ 9,600
Jewetta Ave. at Hageman Rd. $ 7,200
(31% of $120,000)
(25% of $120,000)
(25% of $120,000)
( 8% of $120,000)
( 6% of $120,000)
TOTAL = $114,000 *
Maximum amounts. Actual amounts to be determined by the
City Engineer after review of traffic report addendum.
Said agreement shall require that payment be made to the
City upon demand at the time funds are required for signal
construction.
Offers of dedication will be required to allow for the
construction of the entire portion of Jewetta Avenue within
the project area arterial standards and the entire portions
of Old Farm Road and Reina 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. The right-of-
way width of a standard arterial is 110 feet of landscaping
behind the combination sidewalk. 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 subdivision/development within the project
area, the subdivider shall construct the full half width of
the west side of Jewetta Avenue between the south boundary
of the project and Reina Road plus one-half of a landscape
and irrigated median island and two paved travel lanes on
the east side of Jewetta Avenue, the south half of Reina
Road between the west boundary of the project and Jewetta
Avenue, and the east half of Old Farm Road from the south
boundary of the project to Reina Road. Appropriate pavement
transitions shall also be required.
Exhibit "A"
Page 2
A reimbursement agreement will be allowed for the
construction of the two travel lanes on the east side of
Jewetta Avenue outside the project boundary.
This area may be served by the City of Bakersfield sewer
system in accordance with and subject to the conditions of
Agreement 89-197 between the City of Bakersfield and the
County of Kern. The nearest existing sewer service is a 30"
trunk pipeline in Jewetta Avenue south of Palm Avenue.
However, through assessment district proceedings, a
continuation of this sewer trunk pipeline along Jewetta
Avenue to Relna Road is under development. The project area
will be required to connect to this trunkline and pay
appropriate fees when developed.
The applicant shall submit a comprehensive drainage study.
The siting of a drainage basin for the project area shall be
at the southwest corner of the project and adjacent to the
project boundary so that future expansion of this basin
beyond the boundary of the project area will be possible.
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 submittal of any development plan
within the project area.
EXHIBIT "B"
General Plan Amendment 2-91, Segment III
Mitigation Measures
In order to mitigate the impacts of any natural to urban
land conversion 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 loses to kit
fox habitat resulting from on-going construction activities.
No more than 231 (or 220 + 5%) single family residential
units shall be allowed on final subdivision maps for the
73.79 acre residential site.
Exhibit C
GPA 2-91 SEGMENT III
AND EXISTING LAND USES
11 12 'i 7
R-IA R-IA LR
(AGRICULTURE') RE~ R.O~. (~CANT)
~ (su~)
(S~LE ..:..:-:.: :.:.:,:,:::.:.:,:.:.:,:.:.'.:.:,~/~__~
F'AMI.Y) : ..:.:..- :.:.:.: (~,,~T~.:.:. :,:. :.:.:.:/. _I~_,.
'"' 'i' .:.:,:,:.:-:-:,:-:-:-:-:,'-'.'.'.:,OO
:.:-:.: :.:.:.FROM R--IA..:.::::::: .://.,~
(VACANT) (,ACA~'r) :.:.:-:.:-:-:.:.:TO LR :.:.:-:-:.:.:.'."./-~
~ :'":':':'":':'." :.-.'.'.:.:.: . :.':':':-'"
. i::: :::i: :::::::::::::::::::::::::::::::
~ .'.'.'. '.','.',','.'.':':':,:-:.:,:-:.:.:- :W~i~.::
R-tA ~
(AI, JdOIO (ALMOND
(m~LE ~ rA~.Y)
FAIdlLY) ~A ROAD (:;~O~/V7~ FAMLY) · LR
HI LRr
. ,'i
HAGEli. AN ROAD
T29S, T29S,
R26E R27E
BATEY DEVELOPMENT, INC.
/C, 6/20/91 Page 6
9. ~ PLAN AMFADMENT 2-91, Sf~MENT I & ZONE CHANGE %5126:- JA~ES C.
LUSDY, & ASSOC/3%TES (agent for SARA ADLER)
PuDlic
Mr. James Lun~y
the conditions
There being no c~e
lic hearing was closed.
Sara Adler indicated he was amenable to
the staff repor=.
speak either in favor or opposition, pun-
Cc~xnissioner Cohn asked about a incrma~e in traffic.
Mr. Kloepper replied that it will be trar~fic situation but
not to the extent that will decrease the of service.
C~mlssion was concerned as to the height of that will be
built, and placing a condition as to preventing pronlem.
aC~prle~uSsOn~r~allip~ll~ev~m~r~2 ~9' Lundy a list o~ditions from - , Segment I. ~
Mr. Hardisty suggested a continuance of this item to be b~rd l~a~er in
~ ~et~ngL so ~tha?. copies could be made of the conditions releven~to
un s pro3ec~ an~ allow Mr. Lundy some tLme to review the conditions.~
nearu 3us~ prior to item 4.A. Motion was seconded by Commissioner ~.
Marino, and carried. ,.
10.
GENERAL PLAN Ab~SDs~Nr 2-91, S~NT III, ZONE UPON ANNEXATION #5169 &
REINA NO. 1 ANNEXATION: (BATEY DEVELOPMENT)
C~m~issioner Marino dec!areG a conflict of interest. _His employer owns
property in the vicinity.
A~plicant proposes a develo[~nent of 220 +/- units of single famzly res-
idential hc~es ¢~ 73.79 acres, with 54,500 s~,~re fee= of neighbornood
cc~merclal on 6.15 acres located at the southwest corner of Reina Road
and Jewetta Avenue.
Public hearing was opened.
Mr. Brian Batey wi~h Batey Develo~ment was present and amenaDle to the
conditions listed in the staff report and the Public WorKs memo dated
June 19, 1991.
There being no others wishing to speak, puDlic b~ring was closed.
C(xmussion indicated their concern for an increase in traffic if the
developer decides to build more units that originally stated.
C~,~,~ssion suggested adding a condition of putting a cap as to the nur~ ~,~.
ber of units to De Duilt on this property. ~. '~
Minutes, P1/C, 6/20/91 Page 7
10. G~%~AL PLAN ~ 2-91, SEU~T III, ZONE UPON ANNEXATION #5169 &
Rm~krA NO. 1 A~R~TION: (BATEY DEVR~mp~2~T) (continued)
C~mn~ssioner Messner proposed a condition that maximum single family
residential shall be 220 units plus 5 percent.
Motion was made by C~m~issioner Messher to adopt the resolution making
findings, as set forth in the s~ff report, approving the Negative
Declaration, with mitigation listed in E~hibit B with the following
change; single family residential units shall be limited to 220 plus 5
percent, and approving GPA 2-91, Segment III, consisting of an amend-
ment to the Land Use Element from R-IA (Resource Intensive Agriculture)
to L~ (Low Density Residential) on 73.79 acres and GC (General
Coa~L~rcial) on 6.15 acres, subject to conditions of approval listed in
Exhibit A of the s~aff report, and r~ ~.~ to the City Council.
c~issioner Bjorn referred to Conditions 4 aDx~ 6, page 2 of the June
19, 1991 ~ and asked where in Exhibit A are they written.
Mr. Kloepper referred to Public Works me~o dated May 31, 1991.
C~,,~ssionar ~=ssner amended his motion to incorporate the changes on
the June 19, 1991 Public Works memo. Motion was seconded by
C~.~ssioner Powers, and carried by the following roll call vote:
AYES: Ccnmaissioners Anderson, Bjorn, Messner, Powers,
Rosenlieb, Frapwell
NOES: Ct-....~ ssioner Cohn
ABSTAINED: C~"nissioner Marino
Motion was made by Co~nissioner MeSsher to adopt the resolution ma~ing
findings, as set forth in the staff report, approving the Negative
Declaration, with mitigation listed in Exhibit B with the following
change; single f~mily resident/al units shall be limited tO 220 plus 5
percent, and approving concurrent zoning upon annexation reques= #5169,
consisting of a change from County A (Agriculture) to City R-1 (One
F~mily Dwellir~) and City C-1 (TAmired Commercial) zones, subject to
conditions of approval listed in Exhibit A, a~J incorporating the
Public Works m~ro dated June 19, 1991 ~-~, and r~ same to the
city Council. Motion was secoDied by C~xm~issioner Powers, and carried
by the following roll call vote:
AYES: Cc~anissioners Anderson, Bjorn, Messner, Powers,
Resenlieb, Frapwell
NOES: C~issioner Cohn
ABSTAINED: Cceanissioner Marino
Minutes, P1/C, 6/20/91 Page 8
10. GENERAL PLAN A~D~Z~i~S 2-91, S~T III, ZONE UPON A~E~ATtON #5169,
ASD REINA NO. 1 A~EXATION - (B~ DEVELOPMENT) (continued)
Motion was made by Commissioner Messner to adopt resolution ma~ing
findings, as set forth in the staff report and approving Negative
Declaration, with mitigation listed in Exhibit B with the following
change; single family residential units shal.1 be l{m~ted to 220 plus 5
percent and approving ~ina No. 1 Arm~=.xation, end incorporating the
Public Works msmo dated JUne 19, 199 m~mo, and recc~rend san~ to the
city Council. Motion was seconded by Cc~nissioner Powers, and carried
by the following roll call vote:
AYES: Cc~nissioners Anderson, Bjorn, M~ssner, Powers,
RosenlieD, Frailwell
NOES: Cc~m~ssioner Cohn
ABSTAINfD: Comn~ssioner Marino
11. C4~qERAL PLAN ~ 2-91, ~ ~, ZO~ ~N ~ION %5165,
~ ~T~ ~. 1 ~ION (~~ ~G~)
S~f re~ ~ ~iv~.
~Pl~ing ~ ~ r~t~ a ~in~ to ~e n~ ~A ~cle to
.~t ~e ~letion ~ ~e r~ir~ ~vir~ d~t.
~io~s ~ by ~ssion~ ~s~ to ~tinue ~is it~ to ~e
n~t ~cle. ~on ~s s~d~ by ~ssi~ ~sn~, ~
12. G~ P~ ~ 2-91, S~ I & Z~ ~ ~5126: ~ C.
L~Y, ~U & ~ (aq~t for S~ ~)
This item was
Chairperson Rosenlieb
tions.
an earlier b~ring on tonights agenda.
Lundy for cca~ents regarding the condi-
Mr. Lundy asked why condition 3 was
Mr. Hardisty replied that was to
and give it scmething of a less intrusive
the development.
in the streeuscape
on Oswell.
Mr. Lundy indicated his concern with limitations access to the
project because there may be a looping situation the building
for circulation along with par~ing, an additional might
adversely affect the develoiarent, and the station to has pav-
ing right up to the sidewalk. Items 2 and 4 are amended
with the buffer on the west side.