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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 l SR/E(1/2)RS SR SR E(1/2) OLD TOWN ROAD R-S SR/R-1 ~ SR/E(1/2)RS CONNERY WAY /~1'" R-s / /~[ / SR/R-S crn- SR SR R-1 R-1 LONGMEADOW WAY SR/R- 1 BRIMHALL ROJ£CT AREA ROAD ER E(S)RS .]6 o ~ T29S, R26E LR/A-20A 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~ ER 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