HomeMy WebLinkAboutRES NO 104-96RESOLUTION NO? 0 4 ' 9 6
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT P96-0419 RESCINDING CONDITION
NUMBERS 1,2,3,5,6 AND 10 OF CITY COUNCIL
RESOLUTION NO. 35-95 OF PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(LAND USE ELEMENT P96-0419).
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 17, 1996 and THURSDAY, JUNE 20, 1996, on General Plan Amendment
P96-0419 of a proposed amendment to the Land Use Element of the General Plan, for that site
generally located along the north side of Brimhall Road between Jewetta Avenue and Old
Farm Road, 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 General Plan Amendment P96-0419 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
Castle & Cooke California, Inc has applied to rescind condition numbers 1
through 6 and 10 of City Council Resolution No. 35-95 (Exhibit "B") which
approved General Plan Amendment 4-94, Segment III, and such conditions are
as follows:
Prior to approval of land division or development proposal, an
archaeological survey must be completed. Any mitigation resulting from
such report shall be implemented prior to recordation of the land
division map or development approval.
Residential development subsequently approved on the site shall contain
no more than 101 lots for single family dwellings. The minimum net
residential lot area shall be no less than 14,000 square feet.
All interior streets within the future residential development shall be
privately maintained, and access from adjacent public streets (Brimhall
Road and Old Farm Road) shall be by privately-maintained and gated
access ways.
Future residential development shall have no access to the existing
Greenhaven Street.
and
10.
2
Future residential development on the site shall not incorporate any
public right-of-way adjacent to the northerly site boundary.
Future residential development on-site shall incorporate a private,
commonly-maintained park site of 1.20 acres. (NOTE: Conditional Use
Permit is required for the private park facility.)
Conditions 1-6 shall not apply to Tentative Tract 5489 approved May 2, 1991,
or to any subsequent tract submitted to subdivide the area shown as a school site
on said tract;
WHEREAS, for the above-described project the Negative Declaration adopted
for General Plan Amendment 4-94, Segment III is adequate to be readopted and to serve as the
Negative Declaration for General Plan Amendment No. P96-0419 and it was determined that
the proposed project would not have a significant effect on the environment and a Negative
Declaration 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 the city staff and the Planning Commission;
and
WHEREAS, by Resolution No. 62-96 on June 20, 1996, the Planning
Commission recommended approval and adoption of General Plan Amendment P96-0419 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 21, 1996, on the above-described General Plan Amendment
P96-0419 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
findings:
WHEREAS, the .Council has considered and hereby makes the following
1. All required notices have been given.
followed.
The provisions of the California Environmental Quality Act have been
3. The Negative Declaration adopted for General Plan Amendment 4-94,
Segment Ill is adequate to be readopted and to serve as the Negative Declaration for General
Plan Amendment No. P96-0419.
environment.
The proposed project will not have a significant effect on the
5. The proposed rescission of Condition Numbers 1,2,3,5,6 and 10 is
consistent with the general plan policies and goals.
6. The proposed rescission of Condition Nos. 1,2,3,5,6 and 10, is
consistent with the existing land use designations and proposed land uses in this general area.
7. Condition No. 11, addressing school impact mitigation, of City Council
Resolution No. 35-95 approving General Plan Amendment No. 4-94, Segment Ill is necessary
to ensure that school impacts are adequately mitigated.
8. Condition No. 5, prohibiting public alley right-of-way along the sites
north boundary, of City Council Resolution No. 35-95 approving General Plan Amendment
No. 4-94, Segment llI is necessary to ensure an alley is not constructed at such location.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
1. The above recitals, incorporated herein, are true and correct.
hereby approved.
The Negative Declaration for General Plan Amendment P96-0419 is
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 General Plan Amendment
Case No. P96-0419 of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, constituting recession of conditions Nos. 1,2,3,5,6 and 10 of
City Council Resolution 35-95 (Exhibit "B") attached hereto and incorporated as though fully
set forth, for property generally located along the north side of Brimhall Road between Jewetta
Avenue and Old Farm Road as shown on Exhibit "A".
5. The developer may gain a residential lot by virtue of the closure of
Greenhaven Street.
6. That General Plan Amendment P96-0419 approved herein, be combined
with other approved segments described in separate resolutions, to form a single Land Use
Element Amendment.
4
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
~0~ ~ 1 l~i , by the following vote:
AYES: COUNCILMEMBER DeMOND, CAR~.,~)N,]IIE!~ ROWLES, SUU..IVAN, SALVAGGIO
A~STAIN: COUNCILMEMbER 1
N~SEN'I~ COUNCILMEMBER
~ ~'andExO~~ o Clerk of the
Actin9 CITY CLERK
Council of the City of Bakersfield
APPROVED AUG 2 I 1996
BOB PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
RED
August 27, 1996
res\rcc0419
EXHIBIT "A'
GENERAL PLAN AMENDMENT/ZONE CHANGE P96-0419
RESCIND CONDITIONS 1-6 AND 10 OF
RESOLUTION 35-95 AND ORDINANCE NO. 36;33
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SR/R-1 ~
SR/E(1/2)RS
CONNERY WAY
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SR/R-S crn-
SR SR
R-1 R-1
LONGMEADOW WAY
SR/R- 1
BRIMHALL
ROJ£CT AREA
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1 o9402
RESOLUTION NO. 3 5 '" 9 5
A RESOLUTION MAKING FINDINGS. APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT III
OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN (LAND USE ELEMENT AMENDMENT
4-94).
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 12, and THURSDAY, DECEMBER 15, 1994, on
Segment III 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 Ill of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
Sl~GMENT III:
Martin-Mcintosh for Castle & Cooke Homes, Inc., has
applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from
Suburban Residential - 18,000 sq. ft. minimum lot size to
Suburban Residential - 12,500 sq. ft. minimum lot size on
58.4 acres: and
WHEREAS. for the above-described Segment. an Initial Studv was
conducted, and it was determined that the proposed project would not hav~ a significant
effect on the environment, and a Negative Declaration with mitigation was prepared;
and
WHERE, AS, 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, on December 15, 1994, the Planning Commission failed to
make a recommendation on the requested general plan amendment and this Council has
fully considered the report by the Planning Director, the environmental document and
Planning Commission minutes; 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 22, 1995, on the above described Segment III of
the proposed amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, notice of time aud 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
findings:
WHEREAS, the Council has considered and hereby makes the following
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act Quafity
Act (CEQA) have been followed.
3. The project, as revised in accordance with staffs recommendation,
will not have a significant effect on the environment.
4. Mitigation measures attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
5. The proposed amendment to the general plan, as rev/sed in
accordance with staffs recommendation, is compatible with surrounding land use
designations and area development.
6. The proposed general plan amendment as revised is consistent with
the Metropolitan Bakersfield 2010 General Plan.
7. The project proponent has agreed to a condition of approval which
will restrict future lot sizes adjacent to the northerly project boundary to no less than
18,000 square feet.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
correcL
I. The above recitals and findings, incorporated herein, are true and
adopted.
2. The Negative Declaration for Segment III is hereby approved and
3. The report of the Planning Director, including maps and all reports and
papers relevant thereto, transmitted by the Secretary of the Planning Commission Io the
City Council, is hereby received, accepted and approved.
2
4. The City Council hereby approves and adopts Segment III of the
proposed amendment to the Land Use Element of the Metzopolitan 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
northeast corner of Brimhall Road and Old Farm Road, subject to conditions of
approval shown on Exhibit "A" and mitigation measures in Exhibit "A.~
5. That Segment III, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 4-94.
-' o00
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~ , by the following vote:
AYES: COUNCILM]~I~B]~ DeNOND, CARBON, SMITH, McDE~!OTT, RONLES, CHO~, ~LVAGGIO
Assistant CITY CLERK and Ex ~ci~/Clerk of the
Council of the City of Bakersfield
APPROVED FEB I l ~S
MAYOR of the City of Bakersfield
APPROVED as w form:
JUDY SKOUSEN
CITY ATTORNEY
Assistant City Attorney
I~lM.-pjt
Janumy 19, 1995
4
EXHIBIT "A"
General Plan Amendment 4-94. Segment Ill
Zone Change No. $$99
Conditions of Approval
5.
6.
Public
7.
10.
11.
Prior to approval of land division or development proposal. an archaeological survey must be
completed. Any mitigation resulting from such report shall be implemented prior to recordation of
the land division map or development approval. ,,d',,~,,n,q'ad
lot c,$-
Residential development subsequently approved on the site shall contain no more than-t4~ lots
single family dwellings. The minimum net residential lot area shall be no less than 14,000 square feet.
All interior streets within the future residential development shaU be privately maintained, and access
from adjacent public streets (Brimhall Road and Old Farm Road) shall be by privately-maintained
and gated accessways.
Future residential development shall have no access to the existing Greenhaven Street.
Future residential development on the site shall not incorporate any public alley right-of-way adjacent
to the northerly site boundary.
Future residential development on-site shall incorporate a private, commonly-maintained park site
of 1.20 acres. (NOTE: Conditional Use Permit is required for the private park facility.)
Works Department:
At the time of submission of a tentative subdivision map covering the project area, a local traffic study
identifying local traffic impacts and recommending measures to mitigate these impacts will be
required.
Brimhall Road shall be constructed in a maximum of two phases adjacent to the project area.
Brimhall Road shall be constructed with a 96' curb-to-curb width as required for arterial streets with
bike lanes.
Unless this property joins the formation of an assessment district for the construction of the future
trunk sewer pipeline in Allen Road, a sewer fee will be paid at the time of development within this
area for this future trunk sewer pipeline. This fee will be approximately $300 per dwelling unit.
Conditions 1-6 shall not apply to Tentative Tract 5489 approved May 2, 1991, or to any sub~quent
tract submitted to subdivide the area shown as a school site on said tract.
Prior to issuing any building permit for residential construction within the project area, the City of
Bakersfield Building Department must have received written certification from both the Kern High
School District and the Rosedale Union School District that the project's effect on its public school
facilities have been or will be adequately mitigated.
12.
13.
p:494s3.ea
Lots along the western and northern boundaries shall be no less than 18,000 square feet in area.
Average lot size to be no less than 18,000 square feet.
SR
CONNERY WAY
SR SE
LONGMEADOW WAY
SR
RENDLEY
25
EXHIBIT b
GPA 4-94, SEGMENT III
STAFF RECOMMENDATION
SR
OLD TOWN. ROAD
SR
SR (! 8,000)
SR (14.000)
BRIMHALL ROAD
SR
BIRCHHAVEN AVENUE
SR c~
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1'29S, R26E
36
LR
109402
ZONE CHANGE 5599
ST AFF RECOMMEND A TION
E(1/2)
CONNERY WAY
£(1/2)RS
OLD TOWN ROAD
E(1/2)RS
R-1 R-1
LONGMEADOW WAY
R-1
25
(18,000):
E '14,000
BRIMHALL ROAD
36
A-20A
R-S
R-S ~
E(5)RS
109401