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Home My WebLink AboutRES NO 29-96RESOLUTION NO. 2 9 ' 9 6 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VI 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, 1995, on Segment VI 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 VI of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VI: 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 Low Density Residential to High Medium Density Residential on 24.91 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. 92-95 on December 21, 1995, the Planning Commission recommended approval and adoption of Segment VI, 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, 1996, on the above described Segment VI 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 residential land use designation is compatible with existing and proposed development 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, VI, and VII). 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 VI 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. 2 4. The City Council hereby approves and adopts Segment VI 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 northwest corner of Panama Lane and Ashe Road, subject to mitigation measures shown on Exhibit "A". 5. That Segment VI, 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 t2h~ C1~ of Bakersfield at a regular meeting thereof held on F£~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McOERMOTr, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER N or~. ABSTAIN: COUNCILMEMBER ABSEN~ COUNCILMEMBER Acting CITY CLERK and Ex OtT~ci~Clerk of the Council of the City of Bakersfield APPROVED FEB $ 1 ~6 BOB PRI/~~/~< MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MJM January 26, 1996 res¥495s6.cc 4 EXHIBIT "A" Recommended Mitigation Measures General Plan Amendment 4-95, Segment VI Offers of dedication will be required 1o allow for the construction of the entire portion within the project area of Panama Lane and Ashe Road to arterial standards. Such offers shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. The offers of dedication, fully executed, shall be submitted to the City prior to development or recordation of any subdivision map or certificate of compliance within the GPA area. With the first development within the GPA area, Ashe Road shall be constructed from Panama Lane to Harris Road. Construction shall consist of full width improvements on the west side (southbound), a full landscaped median island, and 16 feet of pavement on the east side (northbound). The Panama Lane frontage shall be constructed in one segment in accordance with the provisions of Agreement 87-84 and as required by the City Engineer. 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 Creek 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. Panama Lane and Ashe Road are bikeways on the "Bikeway Master Plan" of the 2010 General Plan and shall be constructed as required by the 2010 General Plan for arterial streets with bike lanes. With construction of Panama Lane and Ash¢ Road, traffic signal interconnect conduit, conductor and pull boxes shall be installed to City Standards by the developer (unless already installed with ?rcvious constrnction). ln~ta[lali(~n ~hall be along the wcsl side ol Ashc Road from Panama Lane to Harris Road and along the north side of Panama Lane from the east side of Ashe Road to the west project boundary. Right-turn deceleration lanes shall be constructed by the project applicant at any Panama Lane or Ashe Road entrances to the GPA area where required by the City Engineer. Upon furlhcr 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 'Fable A. The traffic study and resulting impacts identified in Table A are based on 249 multi-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 multi-family unit of $237.73. This unit cost per multi-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. ?:495s6.ca EXHIBIT B HMR GPA 4-95, SEGMENT Vl HARRIS LR LR ROAD LR --7 R305, R27£ PANAMA LR LANE 28 R-1 TOBAGO CMAR'~QUE LR 27 SANTO HR LR GC LR