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HomeMy WebLinkAboutRES NO 28-96RESOLUTION NO. ~ 8" 9 6 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT V 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 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 twenty-one (21) calendar days before said hearing by publication 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 Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V: 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 11.84 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. 90-95 on December 21, 1995, the Planning Commission recommended approval and adoption of Segment V 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 V 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 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. adopted. 2. The Negative Declaration for Segment V is hereby approved and 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 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 Reliance Drive, subject to mitigation measures shown on Exhibit "A." 5. That Segment V, 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 FI:B ~ ! L~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILME~'ABER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER Aating CITY CLERK and Ex Off'lci~',JClerk of the Council of the City of Bakergfield FEB ~ ! La~ APPROVED /~/ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MJM January 26, 1996 res~r495s5.cc 4 EXHIBIT "A" Recommended Mitigation Measnres General Plan Amendment 4-95, Segment V 4. 5. 6. Offers of dedication will be required to allow for the construction of the entire portion within the project area of Panama Lane to arterial standards and Reliance Drive to collector 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, the Reliance Drive and Wilderness Drive frontages of the GPA area shall be completed including curb, gutter, and sidewalk. 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 is a bikeway 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, traffic signal interconnect conduit, conductor and pull boxes shall be installed to City Standards by the developer. Installation shall be along the north side of Panama Lane along the GPA frontage. Right-turn deceleration lanes shall be constructed by the project applicant at any Panama Lane entrances to the GPA area where required by the City Engineer. 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 'Fable A are based on 53 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 $387.62. 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:d95s5.ea ~YlLDERNESS~ PARK OS-P EXHIBIT B GENERAL PLAN AMENDMENT 4-95, SEGMENT V P 1 "' S/£VER CREEK / ~ ~ PARK // LR LR LR LR LR LR LR LR LR LR ('~4~LL~SON ACI') PANAMA 21 LR LR LANE ~O T30S, R27£