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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.