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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. - 3 - 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 - 4 - 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. - 5 - 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: - 6 - 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 .......... - 7 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 - 8 -