HomeMy WebLinkAboutRES NO 58-89RESOLUTION NO. 58-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND APPROVING SEGMENT I OF PRO-
POSED AMENDMENT TO THE LAND USE ELEMENT OF THE
BAKERSFIELD METROPOLITAN AREA GENERAL PLAN
(LAND USE AMENDMENT 1-89).
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 March 16, 1989, on
Segment I 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 ~akersfield 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
JOHN ANTONGIOVANNI has applied to amend the
Land Use Element of the General Plan for a
38.65 +/- acre site generally located along
the southwest corner of Panama Lane and
Stine Road. The proposed amendment would
change the Low Density Residential
(0.5-5.49 Dwelling Units Per Gross Acre) to
Commercial on 13.35 +/- acres, and add to the
City's General Plan 10.90 +/- acres of Low
Density Residential and 7.3 +/- acres of
High Density Residential (17-45 Dwelling
Units Per Gross Acre). Present Kern County
land use designations for the site are
"6.2" (General Commercial) on a four-acre
site and "5.3" (Residential, Maximum 10
Units Per Net Acre) for the remainder of
the site;
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 significant 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. 14-89 on March 16, 1989, the
Planning Commission recommended approval and adoption of Segment I
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, MAY 17,
1989, 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 hearing 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 and correct.
2. The Negative Declaration for Segment I is hereby
approved and adopted.
3. 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.
4. The C~ty Council hereby approves and adopts Segment
I of the proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan, with incorporation
therein of the following conditions of development:
De
Applicant shall submit archaeological survey to
California Archaelogical Inventory - California State
University, Bakersfiel~ prior to grading, and conform
to any mitigation measures which may be required.
For the zoned property, applicant shall either dedicate
park land at a rate of 2.5 usable acres per 1,000 popu-
lation at a site approved by the city or pay in-lieu
fees. Areas developed as a church are exempt from park
dedications and in-lieu fees.
Applicant .~hall provide a minimum width of ten (10) feet
of landscaped area along Stine Road and Panama Lane, and
seven and one-half (7-½) feet of landscaping along
unmanned major collector measured from back of sidewalk
toward property.
Applicant ~hall provide complete landscaped median
islands, including automatic irrigation system, on Stine
Road and Panama Lane. Plans shall be approved by the
City Engineer prior to installation.
A masonry wall provided by the applicant
shall ~e located along the southerly and westerly
right-of-way of the Arvin-Edison Canal in-lieu of
placing the masonry wall along the commercial resi-
dential zoning district interface.
m
A chain link fence and landscaping provided by the
subdivider/developer shall be located along the
northerly and easterly right-of-way of the
Arvin-Edison Canal.
An eight (8) foot masonry wall shall be located along
the rear property line of the fire station site.
Along the commercial frontages of Panama and $tine,
applicant shall provide a 10-foot landscaping width
with a mound undulating to three feet and irrigation
drainage/runoff diverted to on-site drainage (catch
basins).
Evergreen trees
along the south
minimum 12-foot
shall be planted and maintained
and west property lines to provide a
high screen at tree maturity.
All lights (indoor and outdoor) shall be limited in
mounting height and shielded away from residential uses
in order to protect residential privacy and create the
least social and psychological disturbance/stress to
adjacent residents.
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Lighting on the south and west elevation shall not shine
down into adjacent yards of single family residences.
All air conditioning units, blowers, etc., shall be
arranged and designed to shield noise and view from res-
idential structures west and south of the project area.
A habitat conservation plan interim mitigation fee shall
be paid prior to issuance of a building permit. The fee
will be based on the current adopted charges at the time
of issuance of the building permit. The current fee is
$680 per gross acre.
In addition, the applicant shall consult the attached
advisory notice prepared by the U.S. Department of the
Interior, Fish and Wildlife Service with regard to
potential impacts on the San Joaquin Kit Fox.
ADVISORY NOTICE
The San Joaquin kit fox (Vulpes macrotis mutica), a
federally-listed endangered species, exists throughout
the Bakersfield metropolitan area. Kit foxes excavate
dens as shelter, to raise pups, and to escape from pred-
ators 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
developing a regional conservation plan that will bal-
ance 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 resulting
from ongoing construction actions. As a part of this
effort, you are required to undertake the foillowing spe-
cific 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 biologist familiar with this species. A par-
tial list of biologists and consulting firms that
are qualified to undertake such surveys is attached
for your convenience.
Any kit fox dens located on-site that will be una-
voidably destroyed by project actions should be
carefully excavated using hand tools. A biologist
familiar with this species should be hired to either
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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
endangered 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,
pleaae contact Ms. Michelle Suverkrubbe of the City of
Bakersfield Planning Department, 1501 Truxtun Avenue,
Bakersfield, California 93301 (805/326-3733).
Prepared by United States Department of the Interior,
Fish and wildlife Service.
Prior to issuance of a building permit, a maintenance
district shall be established to include the project
site, or the project site shall be annexed into an
existing district, or the applicant shall provide an
alternate means of maintenance which is acceptable to
the city ~or providing maintenance funds for parks,
walls, landscaping in the median island of Stine Road
and Panama Lane, the ten (10) foot wide landscaped area
along Panama Lane and $tine Road, the seven and one-half
(7-1/2) foot wide landscaped area along the unnamed
collector, and the chain link fence along the east side
of the Farmer's Canal.
This site is south of the limits of streets shown on the
Circulation Element of the general plan. The
Circulation Element shall be amended to include the fol-
lowing streets and corresponding designations as
reflected in the proposed 2010 General Plan:
Panama Lane
Stine Road
Unnamed street 1/2 mile
South of Panama Lane
Major Arterial
Major Arterial
Major Collector
Because of the realignment of Panama Lane adjacent to
Arvin-Edison Canal, additional right-of-way on the south
side shall be required.
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N. The following offers of dedications shall be required:
An additional right-of-way on Panama Lane
(approximately 45 feet) and Stine Road
(approximately 25 feet).
90-foot right-of-way for major collectors intersect-
ing Stine Road.
Required dedications or offers of dedication shall be
submitted prior to the first subdivision, development
or sale of any legal parcel.
All dedications shall include the quitclaim or
subordination of rights to the city by all interest and
easement holders having the right to place facilities or
otherwise obstruct the free use of the road right-of-
way. Where major facilities exist, a common use agree-
ment may be allowed when determined appropriate by the
City Engiseer.
Prior to recordation of the first subdivision or
development, except for the city fire station site
project, the applicant shall enter into an agreement
with the city and post approved security for construc-
tion of half width on Panama Lane and half width on
Stine Road to major arterial standards, full median
islands and a minimum of one lane north bound on Stine
Road and a minimum of one lane west bound on Panama Lane
adjacent to the proposed project.
Improvements at the intersection of Panama Lane and
Stine Road shall be constructed to conform to the full
expanded intersection design.
Applicant shall pay a proportionate share of future
traffic signals in the project area based upon the trip
distributions presented in the traffic study. The need
for said signals will be accelerated by the proposed
development.
Prior to recordation of the first subdivision or
development, the applicant shall enter into an agreement
with the city and post approved security to guarantee
payment of his share of costs involved in traffic signal
construction at the following intersections:
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INTERSECTION
SHARE
PORTION
OF SIGNAL
($120,000)
A. Pacheco and Stine 5.40 % $ 6,480
B. Harris Rd & Stine Rd 6.70 8,040
C. Panama Ln & Stine Rd 11.30 13,560
D. 1/3 mi s/o Panama &
Stine Rd 11.90 14,280
E. Berkshire Rd & $tine Rd 8.00 9,600
F. Hosking Ave & Stine Rd 7.70 9,240
G. McKee Rd & Stine Rd 9.50 11,400
H. Harris Rd & Akers Rd 2.20 2,640
I. Panama Ln & Akers Rd 6.30 7,560
J. Harris Rd & Wible Rd 0.40 480
K. Panama Ln & Wible Rd 4.80 5,760
L. Hosking Ave & Wible Rd 0.70 840
M. Panama Ln & Ashe Rd 5.70 6,840
$ 96,720
Payment shall be made to the city upon demand at the time
said funds are required for signal construction.
Prior to issuance of a building permit, except for the
city fire station site, or recordation of a tract or
parcel map, each developer or subdivider shall pay his
proportionate share for the cost of bridge widening on
Arvin-Edison Canal at Stine Road and at Panama Lane.
This fee will be based on acreage and the amount to be
determined at the time of subdivision or development.
A drainage study of the entire site shall be submitted
to and approved by the City Engineer prior to ANY
development, except for the city project, or recordation
of any subdivision map.
.......... o0o ..........
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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 MAy 17, 1989 , by the
following vote:
AYES: COUnCILMEMBERS:
NOES: COUNCILMEMBERS: l~lO n e
ASSENT: COUNCILMEMBERS: Smith
ABSTAINING: COUNCiLMEMBERS: None
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAy 17, 1989
MAYOR of the City of Bakersfield
APPROVED as to form:
CI,,~Y A of[ the City of Bakersfield
G GPA 4
1-89SEGl.1
5/09/89
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