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Home My WebLink AboutRES NO 30-96RESOLUTION NO. '~ 0 ,. 9 6 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VII OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 4-95). 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, DECEMBER 18 and THURSDAY, DECEMBER 21, on Segment VII 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 twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment VII of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VII: Martin-Mcintosh for Castle & Cooke Homes, Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Medium Density Residential to Low Density Residential on 13.07 acres, and WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that the proposed project would not have a significant effect on the environment, and a Negative Declaration with mitigations was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 94-95 on December 21, 1995, the Planning Commission recommended approval and adoption of Segment VII subject to mitigation measures listed in Exhibit "A" 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, FEBRUARY 21, 1995, on the above described Segment VII of the proposed amendment to the Land Use Element 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 provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Mitigation measures as shown on Exhibit "A" are included in the project to ameliorate impacts. 5. The proposed Low Density Residential land use designation is compatible with both existing and proposed land uses and zoning in the vicinity. 6. The proposed residential land use designation, together with those proposed by the related Land Use Element amendments in the Silver Creek community, will promote the provision of a variety of housing types and densities in this portion of the City. 7. The Land Use Element Amendments (GPA 4-95, Segments V, VI and VII) in the Silver Creek area will result in a reduction in projected residential traffic and related conflicts with industrial uses to the north. 8. There will be no substantial change in the amount of frontage of multiple family designated and zoned land adjacent to future single family development on the south side of Panama Lane in this vicinity resulting from the Land Use Element Amendments (GPA 4-95, Segments V, Vl, and VI1). 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. adopted. 2. The Negative Declaration for Segment VII is hereby approved and 2 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 VII of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B," attached hereto and incorporated as though fully set forth, for property generally located on the north side of Harris Road between Spring Creek Loop and Ashe Road, subject to mitigation measures shown on Exhibit "A." 5. That Segment VII, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-95. ......... 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 FEB ~ ! 1~6 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, S~¥1TH, McDERMOT'r, ROWLES, SULUVAN, SALVAGGIO NOES: COUNCILMEMBER ~JO~ ~- ABSTAIN: COUNCILMEMBER .~9 ABSENT: COUNCILMEMBER .......... Acting CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB g 1 ~ APPROVED as to form: JUDY SKOUSEN CITY ATFORNEY MJM January 26, 1996 res~r495s7.cc 4 EXHIBIT "A" Recommended Mitigation Measures General Plan Amendment 4-95, Segment VII Drainage provisions for the project area shall be in accordance with the master drainage study previously submitted and approved by the City Engineer for the Silver (?reek area. Sewerage provisions for the project area shall be in accordance with the master sewer study previously submitted and approved by the City Engineer for the Silver Creek area. Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of the cost of future traffic signals and street improvements in the project area impacted from the project. These fees shall be paid at the time of issuance of a building permit. The identified traffic signals and street improvements, and the developer's proportionate share, are shown on Table A. The traffic study and resulting impacts identified in Table A are based on 59 single family dwelling units within the GPA area, while the land use proposed would allow more dwelling units. Based on the above units, the local traffic mitigation yields a unit cost per single family unit of $203.43. This unit cost per single family unit shall be maintained irregardless of the number of units that are finally created so that proportionate traffic mitigation will be achieved. Should an increase of more than 5% in dwelling units be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study and resulting revision to local traffic mitigation fees may be required. p:5673.ea LR LR $/L ~ OSP T305, R27E ~0g$10 EXHIBIT B GENERAL PLAN AMENDMENT 4-95, SEGMENT VII HARRIS L[ L[ RIO DE JANIERO AVENUE OSP ~.~ERTINO CT. o LR P,4,~K ROAD