HomeMy WebLinkAboutRES NO 121-99RESOLUTION
A RESOLUTION MAKING FINDINGS AND APPROVING A
MODIFICATION OF CONDITION NO. 34 OF GENERAL
PLAN AMENDMENT 1-94, SEGMENT III TO ALLOW THE
PHASED INSTALLATION OF LANDSCAPED MEDIAN
IMPROVEMENTS IN KERN CANYON ROAD, SOUTH OF
STATE ROUTE 178, CONCURRENT WITH ADJACENT
DEVELOPMENT (LAND USE ELEMENT AMENDMENT
CASE NO. P99-0234)
WHEREAS, the Planning Commission of the City of Bakersfield, in
accordance with the provisions of Section 65353 of the Government Code, held a
public hearing on MONDAY, JUNE 14 1999, and THURSDAY, JUNE 17, 1999, on 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 twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, such proposed amendment to the Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. P99-0234
John Thomsen has requested to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
by deleting Condition No, 34 of General Plan Amendment
1-94, Segment III requiring the installation of a landscaped
median in Kern Canyon Road, for property located southwest
of the intersection of Kern Canyon Road and State Route 178
as shown on attached Exhibit "A"; and
WHEREAS, for the above-described amendment, it was determined that
the proposed project is exempt from CEQA pursuant to Section 15061 (b)(3) of the
CEQA Guidelines (General Rule), as there is no possibility that the requested
amendment of said condition of approval pertaining to median construction and
landscaping in Kern Canyon Road could have a significant effect on the environment;
and
WHEREAS, by Resolution No. 105-99 on June 17, 1999, the Planning
Commission recommended approval of a modification of said Condition No. 34 of
General Plan Amendment 1-94, Segment III, 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, AUGUST 11, 1999, on the above described amendment of
the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the hearing
having been given at least ten (10) calendar days before the' hearing by publication in
the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The project has been found to be exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of CEQA
Guidelines.
3. Installation of a median within arterial roadways is required by the
Street Design Standards of the Metropolitan Bakersfield 2010 General Plan Circulation
Element.
4. Median construction within arterial roadways is required to provide
for traffic safety and a minimum of conflicts and hazards on principal travel routes
within the City.
5. The provision and maintenance of landscaping within roadway
medians is consistent with Circulation Element standards, and is necessary for the
maintenance of a consistent theme and quality of aesthetic design throughout the City.
6. The provision of requiring median and landscaping improvement
phasing is consistent with the intent and policies of the General Plan, and is supported
by the Public Works Department.
7. The applicant shall furnish to the City sufficient fees or posting of a
bond to guarantee the installation and maintenance of the median.
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 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.
2
3. The City Council hereby DENIES General Plan Amendment No. P99-
0234, a proposed amendment to the General Plan Amendment 1-94, Segment III to
delete Condition No. 34 requiring the installation of a landscaped median in Kern
Canyon Road, but APPROVES a modification to said Condition No. 34 allowing the
phasing of the median installation and landscaping improvements therein as shown on
Exhibit "B".
......... o0o ........
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
~,UG ~. 1 !999 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON DEMOND. MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER I.J,
COUNCILMEMBER ~..~O~.1
COUNCILMEMBER ~akJP..
~K~a'nfYd~Ex~,~lerk of the
Council of the City of Bakersfield
AUG I1 !99-~
APPROVED
BOE~CC~_~///:'i
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
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EXHIBIT A
GENERAL PLAN AMENDMENT
P99-0234
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STATE HIGHWAY 178
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DELETE
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EXHIBIT "B"
GPA P99-02341Zone Change P99-0234
Amended
Condition of Approval No. 34
of
Zone Change Case 5546~ Ordinance No. 3803
With the first development within the GC area, a landscaped median shall be
constructed along the project frontage on Kern Canyon Road (State Route 184) in
conformance with City and Caltrans requirements and standards, subject to an
agreement with the City for the payment of appropriate fees and/or bonding satisfactory
to the Public Works Department, to ensure future installation and maintenance thereof.
Left-turn movements across State Route 184 shall be restricted to specific locations
approved by Caltrans. Landscaping improvements within the required median may be
phased in concert with future development phasing along the adjacent portions of
project frontage, subject to the payment of appropriate fees and/or bonding satisfactory
to the Public Works Department, to ensure future installation and maintenance thereof.
MJM:
05/26/99
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