The URL can be used to link to this page

Home My WebLink AboutRES NO 25-91RESOLUTION NO. 25-91 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT II 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 II 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 a public hearing on December 20, 1990, on Segment II 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 II of the proposed amendment to Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: the SEGMENT II MARTIN-MCINTOSH, agent for Oceanic Communities, Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from ER (Estate Residential-minimum one net acre per unit) to SR (Suburban Residential) on 140 +/- acres located along the north side of Brimhall Road between Allen 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 posted on October 25, 1990 and advertised on November 29, 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 set forth in Exhibit "A" and Exhibit "B," attached hereto and incorporated as though fully set forth herein, are adequate to reduce identified impacts to insignificant levels; and WHEREAS, the $R (Suburban Residential) land use designa- tion is consistent and compatible with the existing land use designations; and WHEREAS, the proposed general plan amendment to SR (Suburban Residential) with recommended conditions promotes logical and orderly development and provides for the present and future needs of the community; and WHEREAS, by Resolution No. 55-90 on December 20, 1990, the Planning Commission recommended approval and adoption of Segment II 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 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 II 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. 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 with mitigation set forth in Exhibit "B" for Segment II is hereby approved and adopted. 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 herein. - 2 - 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 by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 6. The City Council hereby approves and adopts Segment II of proposed amendment to the Land Use Element, constituting a change from ER (Estate Residential) to SR (Suburban Residential) on property generally located along the north side of Brimhall Road between Allen Road and Jewetta Avenue, as shown on the attached map marked Exhibit "C," subject to the conditions of approval listed in Exhibit "A," and the mitigated measures included in Exhibit "B." 7. That Segment II, approved herein, other approved segments described in separate form a single Land Use Element Amendment, GPA be combined with resolutions, to 2-90. .......... o0o .......... - 3 - 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 ? 1991 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS, D.e.~IOND, SMrTH, SRUNNt, PETERSON, McDERMOTr, SALVAGBIO NOES: COUNCILMEMBERS: ABSENT COUNCILMEMBERS ~,~,~'~ ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 2 7 1991 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Hakersfield LCM/meg Attachment Exhibit "A" Exhibit "B" G GPA 4 4-90SEG2.1 2,/26/91 - 4 - General EXHIBIT "A" Conditions of Approval Plan Amendment 4-90, Segment II 4 o It is a condition of approval on the zone change for this project that the minimum lot size will be 18,000 square feet. The zoning necessary to implement this condition is R-1 (18,000), (One Family Dwelling, 18,000 square foot minimum lot size). Prior to further subdivision or development, the developer shall enter into an agreement with the city and post approved security to guarantee his proportionate share of .future sig- nals 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 propor- tionate share are as follows: Allen Road at Brimhall Rd. $ 6,000 (5% of Old Farm Road at Brimhall Rd. 7,200 (6% of Jewetta Ave. at Brimhall Rd. 4,800 (4% of $120,000) $120,000) $120,000) tOTAL $18,000 Said agreement shall require that payment be made to the City upon demand at the time funds are required for signal construction. The subdivider shall construct Brimhall Road between Jewetta Avenue and Allen Road including the county portion outside the project area. Between Allen Road and the east boundary of the project, the street section shall consist of full improvements along the north side (westbound) including curb, gutter and sidewalk, a full landscaped median island, and one 12' travel lane on the south side (eastbound). Between the east boundary of the project and Jewetta Avenue, the street section shall consist of a minimum of 24' of pave- ment with 8' graded shoulders. If this is to be a phased development, then the extent of improvements required with each phase of development along the arterial and collector streets shall be at the discretion of the City Engineer. Construction of streets not directly adjacent to the area being developed may be required. Where partial street construction is allowed, the street section shall consist of a minimum of 24' of pavement with 8' graded shoulders. The The drainage study should include, limited to, drainage calculations, the drainage basin site and size, applicant shall submit a comprehensive drainage study. but not necessarily be pipe sizes and locations, and construction phasing. ~.~< Exhibit "A" GPA 4-90, Segment II Page 2 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. Allen Road is a future bikeway on the "Bikeways Master Plan" and shall be constructed to a 96' curb-to-curb standard as required for arterial streets with bike lanes in the circula- tion element of the 2010 General Plan. Sewer service exists in Jewetta Avenue at Brimhall Road. Wowever, this trunk line is not designed to service the pro- ject area. A future trunk line will be located in Allen Road to service this subdivision. Therefore, sewer will gravity flow to the intersection of Allen Road and Brimhall Road. A temporary pump station and force main may then be used to temporarily pump from this location into the Jewetta Avenue trunk line. Interim fees will be required to use the Buena Vista trunk lines and the Stockdale trunk line. Unless this property joins the formation of an assessment district for the future Allen Road trunk sewer, a sewer fee will be paid at the time of future subdivider or development within the project area for the future Allen Road trunk sewer pipeline, this fee will be approximately $300 per equivalent dwelling unit. p/srs2ea 5DG{.I BIT "B" Mitigation Measures General Plan Amendment 4-90, S .egment II ~n archaeological survey is required for the project area prior %o site dist~lrbance. The report is to be submitted to the California Archaeological Inventory at Cal State Bakersfield for review. A letter from the California Archaeological Inventory verifying that any meas- ures of the report have been completed shall be submitted to the City Plannlng Department prior to the issuance of any building permit. fn order to mitigate the impacts of this development 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 fix habitat resulting from on-going con- struction activities. p/srs2eb GENERAL PLAN AMENDMENT 4-90, SEGMENT II ,~_.~.._. ~ ~ ; R · . ....... ....~~~~ ,~. -~.~, ~ , ............ -.-...-.~.-.....- .............. '.-...) ~ ~ -...-.-.-...-.........-:.:-:.:.: ...................................:.:.:.:..~ __~, :::::::::::::::::::::::::::::: :::::::~::: :: :;:;:;::::: ::::::::::::::[,~,~ ~ ~::: ::: ::::::::::::::::::::::: ~-..:::~:.:.:::::: :-:.:~~ ~ ~,' ::::::::::::::::::::::::::::::::::::::::: ::: :: :::::::::::::::::::::::::::~ 30~C P EXHIBIT C