HomeMy WebLinkAboutRES NO 20-90RESOLUTION NO. 20-90
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION WITH MITIGATION
MEASURES AND APPROVING SEGMENT I OF THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE BAKERSFIELD METROPOLITAN AREA GENERAL
PLAN (LAND USE AMENDMENT 4-89).
WHEREAS, the Council of the City of Bakersfield referred
Segment I of a proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area 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 February 1, 1990, on
Segment I of a proposed amendment to the Land Use Element of
the General Plan, ~otice 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 I of the proposed amendment to the
Land Use Element of the Bakersfield Metropolitan Area General
Plan is as follows:
SEGMENT I
MARTIN-MCINTOSH representing Oceanic
Communities, Inc. has requested a land use
change from Industrial and Open Space to
Low Density Residential on 96 acres and
Commercial on 10 acres to be combined with
an existing five acre commercial designation
for a total commercial development of
fifteen ac'res on property generally located
southeast of Calloway Drive and Brimhall Rd.
and
WHEREAS, for the above-described Segment, an Initial
Study was conducted, and it was determined that the proposed pro-
ject would not have a significaat effect on the environment, and
a Negative Declaration was prepared; 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 No. 107-86 have been duly fol-
lowed by the City staff and the Planning Commission; and
WHEREAS, by Resolution No. 6-90 on February 1, 1990,
the Planning Commission recommended approval and adoption of
Segment I, subject to a condition of development, 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, MARCH 7,
1990, on the above-described Segment I of the proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area
General Plan, notice of time and place of the hearing having been
given an least ten (10) calendar days before the hearling by pub-
lication 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 an(~ correct.
2. The Negative Declaration for Segment I is hereby
approved and adopted with mitigation measures and conditions
listed in the attached Exhibit "A" and "B".
3. Public necessity, convenience, general welfare and
good planning practice justify the ~roposed General Plan Amend-
ment, in attached Exhibit~ "A" and "B".
4. Proposed General Plan Amendment will be compatible
with future development in surrounding areas and development in
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
- 2
6. The City Council hereby approves and adopts Segment
I of proposed amendment to the Land Use Element, constituting a
change to Low Density Residential and Commercial generally
located southeast of Calloway Drive and Brimhall Road, as shown
on map attached hereto as Exhibit "C", subject to the conditions
of approval listed in the attached Exhibits "A" and "B".
7. That Segment I, approved herein, be combined with
other approved segments described in separate resolutions, to
form a single Land Use Element Amendment, GPA 4-89.
.......... 000 ..........
- 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 '~AR 7 ~§0 , by the
following vote:
AYES:COUNCIl. MEMBERS; EDWARDS, DeMOND, SMITH, SRUNNL PETERSON, McDERMOTt', SALVAGCiO
NOES: COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
~STAIN: COUNCILMEMBERS' ~'~
CITY CLERK anU Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED BAR 7 1990
CLARENCE g. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
ARTHUR J. S~, ALFIEL~ ;
CITYiATTORNEY of t~e City of Bakersfield
/\,. ~/,/ /
AJS/meg
Attachment
Exhibit "A"
Exhibit "B"
Exhibit "C"
G GPA 4
4-89SEGl.1
3/7/90
EXHIBIT "A"
Mitigation Measures Included in the Negative Declaration
GPA 4-89, Segment I and Zone Change #4949
The following mitigation measures are included in the Negative
Declaration in order to avoid potentially significant adverse
effects resulting from the proposed project, or to reduce the
effects to less than significant levels.
Non-Discretionary
Animal Life
Impact: There may be a change in diversity of species or number
of species of animals on the project site.
Mitigation: The City of Bakersfield is currently involved in
development of a Habitat Conservation Plan (HCP). The Plan will
be used to apply for a Section 10(b) permit from the U.S.
Department of Interior Fish and Wildlife Services. The plan will
address impacts and mitigation with respect to potential plant
and animal species and urban development. The proposed project
is subject to comply with H.C.P.
In addition, the applicant should consult
notice prepared by the U.S. Department of
Wildlife Service with regard to potential
Joaquin Kit Fox.
the following advisory
the Interior Fish and
impacts on the San
ADVISORY NOTICE
The San Joaquin kit fox (Vulpes macrotis mutica), a federally-
listed endangered species, exists throughout the Bakersfield met-
ropolitan area. Kit foxes excavate dens as shelter, to raise
pups, and to escape from predators such as coyotes. Denning
sites may occur on vacant lots in the Bakersfield area where
development is planned.
The City of Bakersfield and County of Kern are currently develop-
ing a regional conservation plan that will balance future urban
growth with the conservation of the San Joaquin kit fox and other
sensitive plants and animals. While this plan is being
developed, specific measures are underway to minimize disturbance
to the San Joaquin kit fox and offset any loss of habitat result-
ing from ongoing construction actions. As a part of this effort,
you are required to undertake the following specific protection
measures for the kit fox:
Prior to ground disturbance, surveys for the project area
for kit fox denning sites should be conducted by a biolo-
gist familiar with this species. A partial list of biol-
ogists and consulting firms that are qualified to
undertake such surveys is attached for your convenience.
Exhibit A
GPA 4-89, Segment I
Page 2
Any kit fox dens located on-site that will be unavoidably
destroyed by project actions should be carefully exca-
vated using hand tools. A biologist familiar with this
species should be hired to either undertake or oversee
the den excavation. Any kit foxes in residence should be
allowed to escape unhindered. Dens should be completely
excavated and subsequently filled to prevent later use by
kit foxes prior to on-set of project construction.
As a means of offsetting the unavoidable loss of endan-
gered species habitat associated with development, a fee
is required by the City or County. This fee is being
assessed upon submittal of a building permit. Specific
fee amounts will vary with the size of planned project
development..
Should you have any questions regarding these measures, please
contact Ms. Michelle Suverkrubbe of the City of Bakersfield
Planning Department~ 1501 Truxtun Avenue, Bakersfield, California
93301 (805/326-37331~.
Prepared by United States Department of the Interior, Fish and
Wildlife Services.
Discretionary
Transportation/Circulation
Impact: There is no improved access to the project site.
Calloway Drive south of Brimhall provides a drive for eight
county residences on the western border of the site but does not
extend the full length of the proposed development.
Mitigation: Calloway Drive shall be constructed to arterial
standards and align to the south with Old River Road pending the
future construction of the Old River Road bridge across the Kern
River. City Engineer shall approve the alignment, design of
Calloway Drive and the appropriate time frame of bridge and road
construction.
The future "Westside Freeway" alignment shown on the
Circulation Element of the general plan update extends along
the south edge of this project and includes a full inter-
change at Calloway Drive. Applicant shall reserve the
right-of-way for said freeway (minimum width of 210 feet,
expanded at interchanges) on its ultimate alignment, and no
permanent structures shall be permitted within the setback
area.
2. The applicant shall comply with all conditions regarding the
project area stated in GPA 3-87, Segment I (attached).
Exhibit A
GPA 4-89, Seg. I
Page 3
Construct Calloway Drive from Cross Valley Canal to Brimhall
Road with full 1/2 width improvements on the east side
(north bound) plus full median island and one lane on the
west side (south bound). Provisions shall be made for
future landscaping and irrigation of the median.
Construct Brimhall Road from the east project area boundary
to Calloway Drive with full 1/2 width improvements on the
south side (east bound).
Prior to any development or recordation of a subdivision
map, the applicant shall enter into an agreement with the
city and post approved security to guarantee payment of his
share of costs, based on the increase in traffic to be gen-
erated by the development or subdivision, as compared to
that allowed under the Mcintosh general plan amendment and
zone change involved in the Old River Road bridges at the
Kern River and the Cross Valley Canal.
Prior to any development or recordation of a subdivision
map, the applicant shall enter into an agreement with the
city and post approved security to guarantee payment of his
share of costs based on the increase in traffic to be gener-
ated by the development or subdivision, as compared to that
allowed under the Mcintosh general plan amendment and zone
change involved in the Coffee Road bridges at the Kern River
and the Cross Valley Canal.
Land Use Compatibility:
Impact: There may be a significant impact
close proximity of residential development
ment and agricultural uses.
resulting from the
to commercial develop-
Mitigation: Impacts resulting from commercial development will
be addressed through C-1 zoning. Impacts relating to
agricultural issues will be addressed through development phasing
and review of tentative tracts. Conditions of approval for C-1
zoning and tentative tracts will include building setbacks,
architectural design requirements, noise attenuation, etc.
Revised 2/9/90
p/srslea
· ~ C~..~ditions from G?A 3-87, Segment ·
The following streets or intersections are impacted by the proposed project.
The developer shall pay s fee based upon an engineers estimate approved by the
City Engineer to be paid at the time of development or filing of a final
subdivision map. Said fee shall be the proportionate share per acre, based upon
trip generation (for the 349-acre GPA area and the 147-acre zone change area),
to modify with additional lanes or construct as follows:
coffee Road and Rosedale Highway (31% share*). The
east, west and south legs shall be built to ultimate
widths.
Calloway Drive and Rosedale Highway (32% share*). The
entire intersection shall be built to its ultimate
width.
Coffee Road and Truxtun Avenue (30% share*). Westbound,
add an additional right turn lane (total of 2);
southbound, add an additional through lane (total of 2)
and add an additional left turn lane (total of 2);
northbound, add two additional through lanes (total of
3).
Do
Langley Road, existing terminus to Coffee Road (100%
share). In accordance with the Planning Commission
committee recommendations, Langley Road shall be
extended through to Coffee Road. Staff recommends
reversing curves with minimum radii of 500 feet be used
rather than the two 90 degree angled intersections shown
on the plan.
Brimhall Road at Calloway Drive (100% share). The
entire intersection shall be built to its ultimate width
and signalized. Additionally, add an additional right
turn lane northbound (total of 2)
Brimhall Road at Coffee Road (100% share). The entire
intersection shall be built to its ultimate width and
signalized. Additionally, add an additional right turn
lane southbound (total. of 2) and an additional right
turn lane eastbound (total of 2).
Ultimate intersection widths consists of 3 through
lanes, 2 left turn lanes and 1 separate right turn lane
or major arterial approaches~ 2 through lanes, 2 left
turn lanes and 1 separate right turn lane on major
collector approaches. The developer shall modify the
traffic signals as required to accommodate the
intersection lane additions.
Shows added percentage because of land use change for GPA 4-89, Segment
I. (Original GPA requested 30% at Coffee & Rosedale, 29.1% at Calloway
Drive and Rosedale, and 28.2% at coffee Road and Truxtun Ave.)
a:gpa3.87
EXHIBIT "B"
Conditions of Approval
GPA 4-89, Segment I
Zone Change 4949
Non-Discretionary
A habitat conservation plan interim mitigation fee shall be
paid prior to issuance of a building permit. The current
fee is $680 per gross acre.
The developer shall pay fees to the affected elementary
school districts and the Kern High School District. The
fees are to be distributed as construction occurs and are
based on Government Code Section 65995 (currently $1.56
square feet residential and $0.26 square feet commercial).
The actual amount of fees would be based on the fee in
effect at time of construction and the final approved
project.
Discretionary
Conceptual dew~lopment plans depicting proposed land use
density and building intensity (zoning), park sites, school
site(s), circulation, phasing, and Brimhall Road and
Calloway Drive landscaping shall be submitted to the Planning
Commission for approval prior to consideration of any resi-
dential land division within the project area. If a single
tentative map is filed which covers the entire general plan
amendment area showing all facilities, then no conceptual
plan is required.
Subdivider/dew~loper shall dedicate park land at the rate of
three usable acres per 1,000 population for a park south of
Brimhall Road. As an example, an estimated population of
1.401 thousand x 3 acres = 4.206 acres of park to be dedi-
cated for a park south of Brimhall Road. A reservation
shall be made to provide for an approximate 10-acre site
comprised of required dedicated acreage from Tentative Tract
5245, required dedicated acreage from this GPA 4-89, Segment
I, and the balance to be acquired by the North Bakersfield
Park and Recreation District.
Subdivider/developer shall provide a minimum width of ten
feet of landscaped area behind sidewalk along the entire
Calloway Drive and ten feet outside right-of-way along
Brimhall Road street frontages.
Landscaped commercial frontages of Calloway and Brimhall may
have undulating mounds up to 30" high and irrigation
drainage, runoff shall be diverted to on-site drainage
(catch basins).
Exhibit B
GPA 4-89, Segment I
Page 2
Be
10.
11.
Subdivider/developer shall construct complete landscaped
median islands~ including automatic irrigation systems on
Calloway Drive.. Plans shall be approved by the City
Engineer prior to installation.
Site design shall comply with the Noise Element of the
General Plan with special regards to residences located on
the north, south and west boundaries adjacent to commercial
activities and the westside freeway.
Bike lanes and pedestrian way and access shall be provided
for in the construction of Calloway Drive and the Old River
Road Bridge providing access to the Kern River. Additional
right-of-way may be required to be dedicated.
As presented, the number of trips generated by this project
is 17,078 ADT ~[an increase of 1,934 from the zoning allowed
under the Mcintosh general plan amendment). The impact to
the surrounding intersections would be increased as follows:
a. Calloway D~ive and Rosedale Highway (32%) with increase
of 2.9%.
b. Coffee Road and Rosedale Highway (31%) with increase of
1%.
c. Coffee Road and Truxtun Extension (30%) with increase of
1.8%.
(The first percentage shows the proportion of the developers
share in the construction costs at various intersections,
the second percentage shows the increase in fee assessment
from GPA 3-87 (Mcintosh) paid by developer because of a
change in land use.) The increase would be assessed to this
GPA area only, and would be added to the fees developed for
the entire Mcintosh area (1987 GPA).
The developer shall reserve that portion of land reserved
for the future freeway and interchange. This would reduce
the low density residential area by approximately 14 acres
which causes a reduction of the generated trips and no fees
would be collected for the 14 acres.
Offers of dedication will be required to allow for construc-
tion to arterial standards for the southerly extension of
Calloway Drive and to major collector standards for Brimhall
Road. Such offers shall include sufficient widths for
expanded intersections and additional areas for landscaping
as directed by the City Engineer.
Exhibit B
GPA 4-89, Segment I
Page 3
12.
13.
14.
15.
16.
17.
The right-of-way width of a standard arterial is 110" with
additional widening at intersections and additional area to
permit landscaping. The right-of-way width of a standard
major collector is 90' with additional widening at major
intersections and additional area to permit landscaping.
All offers of dedication, fully executed, shall be submitted
to the city prior to development or recordation of any sub-
division map within the GPA area.
Construct transition areas as required by the City Engineer
for all approaches to and departures from the new ultimate
paved area.
Depending upon the sequence of development, the developer
may be required to construct portions of Brimhall Road and
Calloway Drive fronting this property not immediately adja-
cent to the area being developed.
Access onto Calloway Drive will not be allowed from the pro-
ject area between the right-of-way of the future freeway
interchange and 200 feet north of the right-of-way of the
interchange.
All street paving sections are to be determined based on R-
value tests, the number and location to be determined by the
City Engineer, and using traffic index values established by
the Traffic Engineer.
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,
drainage basin sites and sizes, and construction phasing.
The drainage study shall be submitted to and approved by the
City Engineer .prior to submittal of any tentative map. The
required drainage basin sites and necessary easements shall
be deeded to t'he city at the tract map stage.
The developer shall reserve school site acreage in suffi-
cient amounts to adequately accommodate future demand. The
location of the site should be determined in conjunction
with the school districts and other appropriate entities,
such as City of Bakersfield, State Architect's office, etc.
Exhibit B
GPA 4-89, Segment I
Page 4
18.
19.
20.
21.
22.
23.
24.
The future "Westside Freeway" alignment shown on the
Circulation Element of the general plan update extends along
the south edge of this project and includes a full inter-
change at Calloway Drive. The applicant shall reserve the
right-of-way for said freeway (minimum width of 210 feet,
expanded at interchanges) on its ultimate alignment, and no
permanent structures shall be permitted within the setback
area.
The applicant shall comply with all conditions regarding the
project area stated in GPA 3-87, Segment I (attached).
Construct Calloway Drive from Cross Valley Canal to Brimhall
Road with full 1/2 width improvements on the east side
(north bound) plus full median island and one lane on the
west side (south bound). Provisions shall be made for
future landscaping and irrigation of the median.
Construct Brimhall Road from the east project area boundary
to Calloway Drive with full 1/2 width improvements on the
south side (east bound).
Prior to any development or recordation of a subdivision
map, the applicant shall enter into an agreement with the
city and post approved security to guarantee payment of his
share of costs, based on the increase in traffic to be gen-
erated by the development or subdivision as compared to that
allowed under 'the Mcintosh general plan amendment and zone
change, involved in the Old River Road bridges at the Kern
River and the Cross Valley Canal.
Prior to any development or recordation of a subdivision
map, the applicant shall enter into an agreement with the
city and post approved security to guarantee payment of his
share of costs based on the increase in traffic to
be generated by the development or subdivision as compared
to that allowed under the Mcintosh general plan amendment
and zone change, involved in the Coffee Road bridges at the
Kern River and the Cross Valley Canal.
Subdivider/developer shall construct a six-foot high masonry
wall located along the south and east property line separat-
ing the commercial and residential zones. Evergreen trees
shall be planted 30-foot on center with a 5-foot minimum
median landscape width along the commercial side of the
masonry wall separating the commercial and residential
property. Evergreen trees shall be 24-inch box size and
species shall be a minimum of 15-foot high at maturity.
Exhibit B
GPA 4-89, Segment I
Page 5
25. All commercial outdoor lighting will be shielded (cutoff)
and not shine on residential property.
26.
Refuse containers on commercial property shall not be placed
within 24 feet of residential property and shall be shielded
from view of Calloway Drive and Brimhall Road and neighbor-
ing residential properties.
Revised 2/9/90
p/srsleb
from GPA 3-S7, Segment
The following streets or iatersections are impacted by the proposed project.
The developer shall pay a fee based upon an engineers estimate approved by the
City Engineer to be paid at the time of development or filing of a final
subdivision map. Said fee shall be the proportionate share per acre, based upon
trip generation (for the 349-acre GPA area and the 147-acre zone change area),
to modify with additional lanes or construct as follows:
Coffee Road and Rosedale Highway (31% share*). The
east, west and south legs shall be built to ultimate
widths.
Calloway Drive and Rosedale Highway (32% share*). The
entire intersection shall be built to its ultimate
width.
Coffee Road and Truxtun Avenue (30% share*). Westbound,
add an additional right turn lane (total of
southbound, add an additional through lane (total of 2)
and add an additional left turn lane (total of 2);
northbound, add two additional through lanes (total of
3).
Langley Road, existing terminus to Coffee Road (100%
share). In accordance with the Planning Commission
committee recommendations, Langley Road shall be
extended through to Coffee Road. Staff recommends
reversing curves with minimum radii of 500 feet be used
rather than the two 90 degree angled intersections shown
on the plan.
Brimhall Road at Calloway Drive (100% share). The
entire intersection shall be built to its ultimate width
and signalized. Additionally, add an additional right
turn lane northbound (total of 2)
Brimhall Road at Coffee Road (100% share). The en{ire
intersection shall be built to its ultimate width and
signalized. Additionally, add an additional right turn
lane southbound (total of 2) and an additional right
turn lane eastbound (total of 2).
Ultimate in%ersection widths consists of 3 through
lanes, 2 left turn lanes and 1 separate right turn lame
or major arterial approaches; 2 through lanes, 2 left
turn lanes and 1 separate right turn lane on major
collector approaches. The developer shall modify the
traffic signals as required to accommodate the
intersection lane additions.
Shows added percentage because of land use change for GPA &-$9, Segment
I. (Original GPA requested 30% at Coffee & Rosedale, 29.1% at Calloway
Drive and Rosedale, and 28.2% at Coffee Road and Truxtun Ave.)
a:gpa3.87
GENERAL PLAN AMENDMENT
4-89, SEGMENT I
BRIMHALL ROAD
~2 COMMERCIAL ~ ......................
'"°~D2~',~L ~ .....................
COUNTY
OPEN SPACE LOW DEN~TY RESIDENTIAL
o 400 MARTIN MCINTOSH
T29S, R27E , '
SCALE: IN FEET
INDUSTRIAL
1189OB
EXHIBIT C
GPA 4-89, SEGMENT !
PUBLIC WORKS CONDITIONS
31
32
FROM INDUSTRIAL TO
COIvlMERCIAL
OPEN SPACE
COMMERCIAL
,. NO ACCESS
200'
BR~I~IHAI I ROAD
I
I
I
COLLECTOR 90'
FROM INDUsfrdAL TO
LOW DENSITY RESIDENTIAL
PROPOSED WESTSIDE FREEWAY ~
& INTERCHANGE RIGHT--OF-WAYI
-.-.-.-...-,.....-~.:::~:~:~ .... : .... ~ ........... ~ .....
T29S, R27E
C_J~5~ V41I FT' ~
o 40o
MARTIN MCINTOSH
McINTOSH PLANNING AREA
E(10)RS
E0/2)
RS
30
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~ ~ , INDUST.
· . --PD--. ] PROP. RES,
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M-2
70 C-2 & R-1
527 UNITS
6.4DU/AC(GROSS)
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PROP. I R-3
//~ P, eOPOSED £A'~R££SW~ Y
~ I CROSS ~LLEY CANAL
~ CONNECT WiTH OLD R~VER RD.
AT STOCKDALE HiGHW~h'
PROPOSED PROP.
SITE 4JAC
T29g, R27E
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28
33
19008