HomeMy WebLinkAboutRES NO 27-91RESOLUTION NO. 27-91
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND APPROVING SEGMENT IV
OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN (LAND USE AMENDMENT 4-90).
WHEREAS, the Council of the City of Bakersfield referred
Segment IV 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 Bakers-
field, in accordance with the provisions of Section 65353 of the
Government Code, held public hearings on THURSDAY, DECEMBER 20,
1990, JANUARY 24, ].991 and FEBRUARY 7, 1991, on Segment IV 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 IV of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 General
Plan is as follows:
SEGMENT IV
JTM Company has applied to amend the Land
Use element of the Metropolitan Bakersfield
2010 General Plan changing land use desig-
nations from "R-1A" (Resource-Intensive
Agriculture, minimum 20-acre parcel size)
to "LR" (Low Density Residential less than
or equal to 7.26 dwelling units per net
acre) on 5.7 +/- acres, from "R-1A" to "LMR"
(Low Medium Residential, less than or equal
to 10 dwelling units per net acre) on 15 +/-
acres, from "R-1A" to GC (General Commercial)
on 12.5 +/- acres for that area generally
located along the northwest corner of
Renfro Road and Johnson Road;
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 posted on October 31,
1990, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the prepa-
ration and adoption of Negative Declarations as set forth in CEQA
and City of Bakersfield Resolution 107-86 have been duly followed
by the City staff and the Planning Commission; and
WHEREAS, conditions of approval and mitigation measures
were included into the project and changes were made to the orig-
inal request to provide compatible development between the
proposed commercial. use, and adjacent existing residential use
and are adequate to reduce identified impacts to insignificant
levels; and
WHEREAS, by Resolution No. 6-91 on February 7, 1991, the
Planning Commission recommended approval and adoption of Segment
IV subject to conditions by this Council and this Council has
fully considered the findings made by the Planning Commission as
set forth in that Resolution; and
WHEREAS, the City Council has considered and hereby
makes the following findings:
1. Conditions of approval attached to the project
as Exhibit "A" and the mitigation measure noted in the staff
memorandum of February 7, 1991, are included in the project to
provide for compatible development between the proposal and the
existing residential uses. These mitigation measures and condi-
tions of approval reduce identified impacts to insignificant
levels.
2. Based upon an Initial Study, staff has determined that
the proposed project, as mitigated, would not have a significant
effect on the environment. A Negative Declaration was posted on
October 31, 1990, in accordance with CEQA.
3. That the proposed freeway alignment is consistent
with the Metropolitan Bakersfield 2010 Circulation Element and
necessary to maintain a Level of Service "C" in the west
Bakersfield area.
is
4. Infrastructure is available to serve this project.
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, FEBRUARY
27, 1991, on the above-described Segment IV 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 an least ten (10) calendar days before the hearing by
publication in the Bakersfield Californian, a local newspaper of
general circulation.
- 2 -
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 IV is hereby
approved and adopted with the mitigation measures shown in
Exhibit "B," attached hereto and incorporated as though fully set
forth herein.
3. Public necessity, convenience, general welfare and
good planning practice justify the proposed General Plan Amend-
ment, as conditioned in Exhibit "A", attached hereto and made a
part hereof as though fully set forth.
4. Proposed General Plan Amendment, as conditioned in
Exhibit "A", will be compatible with future development in sur-
rounding areas and development on the project area.
5. The report of the Planning Commission, including
maps and all reports and papers relevant thereto, transmitted
the Secretary of the Planning Commission to the City Council,
hereby received, accepted and approved.
by
is
6. The City Council hereby approves and adopts Segment
IV of proposed amendment to the Land Use Element, constituting a
change to LR (Low Densfty Residential), LMR (Low Medium Density
Residential), and GC (General Commercial) generally located on
the southwest corner of Renfro Road and Johnson Road, as shown on
attached map marked Exhibit "C," subject to the conditions of
approval listed in Exhibit "A."
7. That Segment IV, approved herein,
other approved segments described in separate
form a single Land Use Element Amendment, GPA
be combined with
resolutions, to
2-90.
.......... 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 on FEB 2 ? ~g! , by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, ~;3.'.'.~.~C~+ ,~ALVA~(310
NOES: COUNCILMEMBERS: /Y~c ~
ABSENT COUNCILM~MBERS: ~-
ABSTAIN: COUNCIlEMBERS ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB 2 ? 1991
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of
Bakersfield
LCM/meg
Attachment
Exhibit "A"
Exhibit "B"
Exhibit "C"
G GPA 4
4-90SEG4.1
2/27/91
- 4 -
EXHIBIT "A"
Conditions of Approval
General Plan Amendment 4-90, Segment IV
Renfro No. 2 Annexation
The following conditions are discretionary. The applicant shall
comply with the following conditions to provide for orderly
development, ensure required improvements are constructed, and to
curtail the proliferation of smaller, independent drainage
basins.
The developer shall complete a traffic impact study which
shall be approved by the city engineer and which shall pre-
scribe needed traffic mitigations due to the additional traffic
generated from the project. The developer shall then enter
into an agreement with the city and posted approved security
to guarantee any needed mitigations prescribed in the traffic
study. Said traffic study and agreement shall be completed
and executed prior to filing for further subdivision or of a
development plan within the project a~ea.
Payment shall be made to the city upon demand at the time
funds are required for the construction of the needed
mitigations.
said
With the first subdivision/development within the project area,
the subdivider shall construct the full half width of the west
side of Renfro Road between the south boundary of the project
and Johnson Road.
The applicant shall submit a comprehensive drainage study. 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 drainage study shall be submitted to and approved by the
city engineer and the required drainage basin site and neces-
sary easements deeded to the city prior to recording of any
subdivision map or submittal of any development plan within
the project area.
The future Kern River freeway right-of-way shall be protected.
At a minimum, a reservation for this purpose will be required.
Sewer service exists in Stockdale Highway at Jenkins Road.
However, this sewer line is not designed to service the pro-
ject area. A future trunk line will be located in Renfro Road
connecting to the future Allen Road sewer trunk pipeline to
service this subdivision. Therefore, a dry sewer system will
gravity flow tc Renfro Road. If capacity exists, a temporary
connection to the Stockdale-Buena Vista force main may be
allowed with the appropriate payment of fees. Any upgrades to
the existing system will be the responsibility of the developer.
Exhibit "A"
GPA 4-90, Segment IV
Page 2
A sewer fee will be paid at the time of further subdivision or
development within the project area for the future Allen Road
trunk sewer pipeline. This fee will be approximately $300 per
equivalent dwelling unit.
All lots which front Johnson Road shall be a minimum of
12,000 square feet and have a minimum of 100 feet of
frontage, that tier adjacent and south of these lots shall be
a minimum of 10,000 square feet.
There shall be a minimum front yard setback of 30 feet for
all lots fronting Johnson Road.
Subdivider shall submit conceptual plans for the landscaping
and walls, which shall be approved by the Planning Commission
prior to recordation of the final map.
10. That any final. map within this area is included in a mainte-
nance district and will be responsible for assessments.
11.
The subdivider shall either install all landscaping and auto-
matic irrigation systems prior to recordation of any final
map or enter into a separate agreement with the city and post
approved security to guarantee their installation.
12.
Prior to recordation of any final map, subdivider shall submit
detailed irrigation, landscape, and wall construction plans
for review by the city parks division and approved by the
city engineer.
13. Selection of irrigation and plant material shall be determined
in consultation with the city parks division.
14.
At least 48 hours prior
system and landscaping,
engineer and city parks
to installation of the irrigation
the subdivider shall notify the city
superintendent.
15.
The subdivider shall maintain all irrigation and landscaping
for a period of not less than six (6) months after receiving
written acceptance by the city parks department.
The water and electricity will be paid by the subdivider until
the end of the six (6) month maintenance period and final
written acceptance by the city. After the six (6) months and
the final written acceptance by the city, the subdivider will
be responsible for sending a letter to the utility companies
transferring the meters to the City of Bakersfield. A copy
of the letter shall be sent to the city engineer and parks
division.
CAO/meg
G GPA 4
4-90.EXA.1
Exhibit "A"
GPA 4-90, Segment
Page 3
IV
16.
All lots south of the proposed
those referred to in paragraph
of 8,500 square feet.
freeway alignment, except
7, above, shall be a minimum
CAO/meg
G GPA 4
4-90.EXA.1
EXHIBIT "B"
Mitigation Measures
General Plan Amendment 4-90, Segment IV
Renfro No. 2 Annexation
In order to mitigate the impacts of this development on the kit fox (a
Federally-listed endangered species), the applicant must follow the
~dvisory Notice, detailing the Interim Mitigation Measures established
for the Metropolitan Bakersfield Habitat Conservation Plan (5~CP).
These measures are necessary to prevent unauthorized take of foxes and
to offset any losses to kit fix habitat resulting from on-going con-
struction activities.
A traffic study is to be submitted with any subsequent tentative tract
filed on this property. The study to analyze the impacts of this
development and proposed mitigation measures which a~ress any future
traffic impacts. This study to be approved by the city traffic engi-
neer prior to tract approval.
An archaeological survey is required for the project area prior to site
disturbance. The report is to be s,,~4tted to the California
Archaeological Inventory at Cal State Bakersfield for review. A letter
fr~m the California Archaeological Inventory verifying that any meas-
ures of the report have been ¢-'-,,l.leted shall be s,,~,,~ tted to the City
Planning Department prior to the issuance of any building permit.
Prior to any site-disturbing activity, the applicant shall provide evi-
dence to the Planning Director of having obtained appropriate
California Endangered Species Act (F&G Code 2081) and Federal
Er~ngered Species Act (Seotion 10a) permits for incidental take and/or
ma~agem~ent of all listed threatened and/or endangered species whose
presence is indicated on-site. Inclusion of the project in a c~leted
area-wide "umbrella" Habitat Conservation Plan (HCP), 10a permit and
2081 permit will be considered an acceptable means of cc~liance, pro-
vided ALL on-site, listed species are iD~luded within the HCP and
permit(s) scope.
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GENERAL PLAN AMENDMENT
4-90, SEGMENT IV
EXHIBIT C