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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. p/srs4eb GENERAL PLAN AMENDMENT 4-90, SEGMENT IV EXHIBIT C