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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 A-1 y AT~SF RAILROAD 29 ~ ,,~ LIGHT ~ ~ , INDUST. · . --PD--. ] PROP. RES, M-1 PD AC(GROSS) A20A C-2 d ~OkC M-2 70 C-2 & R-1 527 UNITS 6.4DU/AC(GROSS) M-2 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 u-2 ~ 28 33 19008