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HomeMy WebLinkAboutRES NO 221-88RESOLUTION NO. 221-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT V OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERS- FIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-88). WHEREAS, the Council of the City of Bakersfield referred Segment V 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 65351 of the Government Code, held a public hearing on September 15, 1988, on Segment V 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 pub- lication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment V of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT V: OCEANIC CALIFORNIA, INC. has proposed an amend- ment for T30S, R27E Sections 6 and 7 consisting of 1,050 acres planned for a variety of urban uses be rearranged for urban uses to include a mixture of low, medium and high density residential, commercial, open space for a golf course, two elementary schools with neighborhood parks, high school and office uses including a hospital. An interior loop design collector road is proposed in addition to the arterials of Stockdale, Buena Vista, White and Old River; 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 prepara- tion 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, by Resolution No. 43-88 on September 15, 1988, the Planning Commission recommended approval and adoption of Segment V, 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 NOVEMBER 16, 1988, on the above-described Segment V 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 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 for Segment V 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 City Council hereby approves and adopts Segment V of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan subject to the follow- ing conditions of approval: 1) Submit archaeological survey to California Archaeological Inventory prior to grading. Conform to any mitigation measures which may be required. 2) Density calculations and land use designations are from the existing general plan as identified on page 2 of the staff report. 3) 4) 5) 6) 7) 8) 9) Developer shall provide a minimum of 2.5 acres of park land per 1,000 population or pay in-lieu park fees. Agreements for use of school lands, PUD on- site ~ecreation, provision of recreational lakes will oe evaluated at time of subdivision. Developer shall provide a minimum of ten (10) foot wide completely landscaped strip along all arterial streets (10-foot strip is measured from behind the sidewalk toward the property line: 4-foot in the stree~ right-of-way plus 6-foot landscape easement). See number 20 for exception along Old River Road. Developer shall provide at minimum a seven and one- half [7½) foot wide completely landscaped strip along all collector streets. (7½-foot strip is measured from behind the sidewalk toward the prop- erty line: 4-foot in the street right-of-way plus 3½-foot landscape easement. Median islands on major arterials shall be com- pletely landscaped. Median island landscaping desigl~ shall be submitted with right-of-way land- scapi~]g and masonry wall design plans for approval by the Planning Commission. Masonry wall, landscaping in median islands and along arterials and collectors and parks shall be placed into a maintenance district. Bikeway and linkage plans shall be approved by the City Engineer. (Buena Vista Road and Ming Avenue are designated streets for bikeways on the Bakersfield Bikeway Master Plan.) Specific location and acreage (with a 5-acre minimum) for park sites designated as ES/Park on the proposal's land use map, shall be determined at time of submission of subdivision map, or development of the school, whichever is first. Parks shall be dedicated prior to recordation of first final subdivision map within the section where park is located. The park in Section 7 shall be improved within one year to standards no less stringent than those imposed on existing city parks at such time as the - 3 - 10) 11) neighboring school is developed or 25% of residential acreage within this section is recorded as a final subdivision map, whichever is first. The park in Section 6 on Ming Avenue shall be improved within one year to standards no less stringent than those imposed on existing city parks at such time as 25% of residential acreage is recorded as a final subdivision map between Old River, Ming and the unnamed loop collector road. The park in Section 6 adjacent to the school shall be improved within one year to standards no less stringent than those imposed on existing city parks at such time as the school is developed or 25% of residential acreage is recorded as a final subdivi- sion map between Ming, Buena Vista, the canal, Old River and the unnamed loop collector road whichever is first. The public designation between Old River, Stockdale Highway and CSU Bakersfield is to be developed as a hospital with medical related residential, office and commercial uses. The proposed commercial designation at the southeast corner of Stockdale and Buena Vista is denied. A general plan amendment should be submitted to con- sider the appropriate land use mix for the area on both north and south sides of Stockdale Highway. Mitigation for Federally Protected Endangered Animal Species: 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 or payment of the fee before issu- ance of the building permit. The current fee is $680 per gross acre. In addition, the applicant should consult the following 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. - 4 - ADVISORY NOTICE The San Joaquin kit fox (~ulpes 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 aad animals. While this plan is being deve- loped, 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 following specific protection meas- ures 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. 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 (805/326-3733). Prepared by United States Department of the Interior, Fish and wildlife Service. - 5 - The applicant shall comply with the following conditions required pursuant to adopted city standards, regulations, ordinances, and policies. The conditions are based upon review of the GPA and associated traffic study presented by Kunzman Associates, dated July 27, 1988. Improvement Requirements (Policies, standards & ordinances) 12 13 14 Any additional traffic signals or traffic modifica- tions other than those contained in the Traffic Analysis (July 27, 1988 Oceanic Sections 6 & 7 by Kunzman Associates). Figure 21 shall be subject to analysis of a new study and subject to approval by the City Engineer. Prior to any development or recordation of a subdi- vision map, the applicant shall enter into an agree- ment with the city and post approved security to guarantee payment of his share of costs involved in the Old River Road bridges at the Kern River and the Cross Valley Canal. His share of the cost is $149,{)00. The applicant shall agree to bond for 1/2 of the construction costs of the realignment of Stockdale Highway from the terminus of the existing four lane alignment, at approximately station 114+00, east of Old River Road to the realigned Kern River Bridge. The bond shall also include 100% of the construction cost for the Buena Vista Road realignment and 4 - 66" diameter pipes, type and class to be approved by the C~ty Engineer, for the Pioneer Canal. The applicant shall install the 4 - 66" diameter pipes upon the City's construction of realigned Stockdale Highway. The applicant shall reimburse to the City for the remainder of the construction costs of the above- referenced improvements, if they are constructed, prior to December 31, 1990. As part of the Stockdale Highway improvements, the applicant shall install landscaping with an auto- matic irrigation system between the Kern River Canal and Stockdale Highway. A minimum 5.5' wide sidewalk shall also be constructed along the south side of Stockdale Highway. This shall be done with the first development north of Stockdale Highway rea- lignment within Section 6. - 6 15) 16) 17) 18) Not later than ten (10) business days following City Council approval of this GPA, the applicant shall enter into the agreement with the City and post secu- rity based upon the approved estimated costs of the improvements. Construct Ming Avenue full width with medians between Old River Road and Buena Vista Road. The proposed elevated roadway section is not desirable and may increase maintenance problems. Justification of the design is requested prior to approval by the City Engineer. Construct Buena Vista Road from Stockdale Highway to White Lane with full 1/2 width improvements on the east side plus full median island and one lane south bound. Provisions shall be made for future land- scaping and irrigation of the median. Buena Vista Road, Ming Avenue, and Stockdale Highway are future bikeways on the adopted "Bikeways Master Plan". They shall be constructed to a 96' curb-to- curb standard as required for arterial streets with bike lanes in the 2010 General Plan Circulation Element. Prior to submittal of any tentative subdivision map and/or prior to submittal of any development plans which require construction on any major street, except for the golf course, the applicant shall pro- vide a master circulation plan, accurate to scale, for the entire project area including geometric and width information. The master plan shall include all major streets and incorporate a plan for bus turnouts on the arterial streets as determined through consultation with Golden Empire Transit. Improvement of the turnouts shall be included with the street improvements and the design approved by the Traffic Engineer. The master circulation plan shall be submitted to and approved by the City Engineer. All signalized intersections shown in Figure 21 shall be constructed as expanded intersections using either the Arterial-Arterial or the Arterial-Collector standard as applicable. 19 2O 21 The applicant shall submit a phasing plan to be approved by the City Engineer for the arterial and collector streets. This plan shall include proposed phasing of the various sub-areas within the project and associated phasing for improving the major streets, with walls and landscaping, and also shall be approved prior to submittal of any tentative sub- divislon map and/or development plans, except for the golf course. The applicant shall install landscaping with an automatic irrigation system between the Buena Vista Canal and Old River Road. A minimum 5.5' wide side- walk shall also be constructed along the west side of Old River Road. This shall be done with the first development between the major streets along or adjacent to Old River Road. Whenever any road crosses any canal within this pro- ject area, the applicant shall construct the culvert, bridge, etc. full width to the ultimate width of the roadway. Signal and Access Requirements The following conditions relating to signal and access require- ments are consistent with Figure 21, "Circulation Recommendations", of the traffic study. 22) 23) Saddle Drive at White Lane will not be signalized because of its proximity to Old River Road and Mountain Vista Drive. A median worm will be required at this location. Proposed collectors north of White Lane shall align with Saddle Drive and Mountain Vista Drive. Unnamed street 1,600 feet south of Stockdale con- necting to Old River Road from the west showing stop sign control in Figure 21 will not be allowed full access across Old River Road. A median worm may be allowed provided it does not interfere with left turn storage requirements for the signal to the north~ serving the eastern loop road located 1,000 feet ~outh of Stockdale. 24) 25) 26) Realignment of the eastern loop road located approx- imately 1,000 feet south of Stockdale Highway to a location approximately 1,600 feet south of Stockdale Highway coinciding with the aforementioned street is an acceptable option subject to the approval of the Traffic Engineer. This realigned intersection will be allowed full access and will be signalized when warrants are met. The unnamed street north of White Lane connecting to Old River Road from the east showing stop sign con- trol in Figure 21 will not be allowed full access acros~ Old River Road. A median worm may be allowed provided it does not interfere with left turn stor- age requirements for the signal to the north. The applicant's/developer's participation in the vario~as signals shall be as indicated below: Condition Prior to development or recordation of a subdivision map, the appli- cant 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: INTERSECTION PROJECT SHARE OF TOTAL TOTAL PERCENT. $120,000 PROJECT TRAFFIC OF TOTAL SIGNAL Buena Vista & Stockdale 13,050 / 21,850 Old River & Stockdale 21,300 / 34,750 Old River & 1/3 mi. s/o Stockdale 16,300 / 21,800 Old River & 2/3 mi. s/o Stockdale 13,350 / 18,850 Old River & Ming 20,900 / 28,400 Old River & 1/3 mi s/o Ming 5,900 / 9,200 Old River & White 12,950 / 18,350 White & Mountain W[sta 9,250 / 10,750 Buena Vista & White 10,300 / 12,800 Buena Vista & 1/2 mi. n/o White 8,300 / 10,300 Buena Vista & Ming 15,850 / 16,850 Buena Vista & 1/2 ~ni. s/o Stockdale 9,050 / 11,050 Ming & 1/2 mi. e/o Buena Vista 15,650 / 15,650 = 59.73% = 61.29% = 74.77% = 70.82% = 73.59% = 64.13% = 70.57% = 86.05% = 80.47% = 80.58% = 94.07% = 81.90% = 100.00% $72 000 $74 000 $90 000 $85 000 $88 000 $77 000 $85000 $103 000 $97 000 $97 000 $113 000 $98 000 $120 000 $1,199,000 NOTE: SIGNAL SHARES HAVE BEEN ROUNDED TO NEAREST $1,000 Payment shall be made to the city at the time said funds are required for signal construction. 26) The applicant shall submit comprehensive plans of Sections 6 & 7 to the City Engineer for his review of: ao Drainage proposals, including but drainage calculations, pipe sizes, drainage basin sites and sizes. not limited to locations, b. Sewerage, including but not limited to calculations, sizes, location. The applicant is advised storm drain or sewer lines are not to be located between residential lot lines. The comprehensive plans shall be approved by the City Engineer prior to submittal of any development plan or tentative subdivision map. 27) The applicant shall submit a comprehensive landscape and wall concept plan for approval by the Planning Commission prior to any construction, submittal of a site plan or tentative subdivision map. Any walls or landscaping in the right-of-way for the golf course will be reviewed at time of golf course development. Subsequent development plans or subdi- vision shall adhere to the approved concepts relat- ing to each project phase. 5. That Segment V, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-88. .......... o0o .......... - 10 - 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 _ November 16, 1~_~8 , by the following vote: ~ITY CLERK and Ex Officio Clerk of Council of the City of Bakersfield the APPROVED November 16, 1988 MAYOR of the City of Bak~ersfield APPROVED as to form: AJ S/meg G GPA 4 2-88SEG5.1 11/9/88 11 -