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Home My WebLink AboutRES NO 38-95RESOLUTION NO. 8 R "9 $ 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 4-94). 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 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: PART 1: Amend the Land Use Element Map from Major Commercial, General Commercial, Office Commercial. Downtown Mixed Use categories D3, D4, and D5 and Public Facilities to Mixed Use Commercial; also amend Downtown Mixed Use categories D2 and D3 to Office Commercial and General Commercial, as shown on Revised Exhibit "B" (project area exhibit); PART 2: Amend the Land Use Element text through various additions and deletions, as shown on Exhibit "C" (Text Changes). The existing Downtown Mixed Use land use designations and text descriptions will be deleted; PART 3: Rescind the existing Redevelopment Element of the Metropolitan Bakersfield General Plan, and renumber the existing chapters of the General Plan text; 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 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 Planning Commission; and ORIGINAL WHEREAS, by Resolution No. 65-94 on December 15, 1994, the Planning Commission recommended approval and adoption of Segment V 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 22, 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. 3. The downtown area general plan amendment will not by itself have a significant effect on the environment. 4. The impacts of future development projects within the boundaries of the downtown area general plan amendment will be addressed via the environmental review and site plan review process. 5. The proposed general plan amendment will strengthen and clarify overall development goals and policies for the downtown area, and will thereby encourage enhanced development opportunities for the downtown core area of Bakersfield. 6. The public necessity, general welfare and good planning practice justify the proposed text and land use amendments to the General Plan, and rescission of the existing Redevelopment Element. 7. The proposed general plan amendment is consistent with the Metropolitan Bakersfield 2010 General Plan. 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 ORIGINAL 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 Revised Exhibit "B," attached hereto and incorporated as though fully set forth, for property generally located between Highway 178, "V" Street, California Avenue, and "A" Street, and Exhibit "C" (Text Changes), and rescission of the existing Redevelopment Element and tenumbering of existing chapters of the General Plan text. 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 4-94. ......... 000 3 ORIGINAL 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 F£B 2 2 ~ , by the following vote: AYES: COUNCILMEmBER DeMOND, CARSON. SMITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO NOES: COUNCILMEMBER ~ ~ ABSENT: COUNCILME/~SER A$s,Starlt%°C[~ERK~'an~dd ~Ex~[fi '~Clerk of the Council of the City of Bakersfield APPROVED MP[YOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY Assistant City Attorney mjm January 19, 1995 res~r4945.cc 4 ORIGINAL REVISED EXHIBIT B GPA 4-94, SEGMENT V IZ~] ~ I ~ I i.u=r ["uc I I '~el u~ .!;( u, T29S, R27E T29S, R28E ~4o~ TEXT CHANGES - OCT. 4 EXHIBIT "¢" LAND USE - CHAPTER II GPA 4-94, SEGMENT 5 Page 11-4 URBAN AREAS:* PROPOSED TEXT CHANGES IN THE LAND USE ELEMENT 1. Downtown Downtown is bordered by State Highway 99 on the west, Sumner Street/Golden State Highway/Edison Highway on the north, Union Avenue on the east, and Brundage Lane on the south. The downtown contains the city and county government offices, two large hospitals, several medical office buildings, numerous retail shops, and several historical single-family neighborhoods. Downtown was originally the center of the city, and comprised the largest concentration of business and retail in the city. Competing shopping malls and commercial districts have resulted in retail growth being focused away from downtown. the major department stores have moved out of dmvntown. The city has adopted a Redevelopment Element Plan to help revitalize the downtown area. Specific zoning for the downtown commercial core has been adopted that includes incentives to encourage new development as well as expand existing development. Besides the mix of both commercial and residential uses, downtown is also becoming the cultural, entertainment and convention center of the city. Page II-8 The downtown area lost its focus as the commercial center of the community a number of years ago due to new commercial developments elsewhere. Its new multi purpose role, as defined by the Dmxmto~vn Redevelopment Element has yet to be realized. New development in the area has encouraged related service business to open and the downtown is emerging as a business center rather than the traditional retail center. Page II-19 Mixed Use (MUC - max. 3.0 FAR*, 12 st:~c:): Major commercial centers combining professional office, major retail and commercial support services. This core designation to a center's development designation would be warranted for intensive development characteristic of a concentrated area commercial center within the city. It also provides the opportunity for integration of medium and high density. residential uses: The purpose of this zone is to encourage residential uses in conjunction with commercial activities in order to create an active street life. enhance personal safety by ensuring the presence of people in the streets at different times. and promote the vitality. of businesses. Floor Area Ratio (FAR) = Gross buildin~ area divided by net parcel area.c)~ ~.% ORIGINAL Dm~town M.xza- High Medium Densit;' Residential (D1 creater than 10.0 and lcso th~n or equal to 17A2 units/net acrel with Major Commercial (1.0/2.0 FAR. 100'/150' hci£ht). Page II-20 High Medium Density Residential (D2 greater than 10.0 and less than or equal to 17.12 units/net acre) with Office Commercial (.5 FAR, ~5' height). bligh Medium Residential (D3 greater than 10.0 and le~ than or equal to 17.12 units/net acre) with Major Commercial and Office Commcrcial (1.0/2.0~/3.0 FAR, I00' height). !4igh DonsiW Residential (D`1 greater than 17.'12 and less than or equal to 72.6 dwelling unit.g/net acre) with Major Commercial (1.0 FAR, 100' height). I4ieh Density Residential (D5 greater than 17.`12 and lc~ than or equal to 72.6 dwelling unitz/not acre) R~idential with Major Commercial and Office Commercial (1.0, 1.5, 3.0 FAR, 150' height). Page II-32/33 5. Redevelopment California, through the Community Redevelopment Law (Health and Safety Code Sections 33000 et. seq.) authorizes cities and counties to undertake redevelopment projects to revitalize blighted areas. An adopted plan provides additional tools to effectuate productive change. These include the use of tax increment (i.e., amount of additional tax revenue above a "frozen" base generated by increased property valuation resulting from new development in the project area), property acquisition. consolidation of small parcels, joint public-private partnerships, clearance of land and resale to developers, and relocation of tenants. The City of Bakersfield has an adopted Redevelopment Plan for a portion of the downtown area. Additionally~ the city has adopted an element which sets forth policies, standards, and implementation programs for the city's 805A acre central buginc~ digtrict. Chapter IX of this plan (Economic Development) provides additional redevelopment strategies to initiate reinvc~tmcnt downtown, and calls for the creation of new redevelopment project areas. The county does not use redevelopment law. These categories are incorporated from the City of Bakersfield Downto~vn Redevelopment Plan Element. Where rcdcvclopmcnt zones have multiple FAR and height standards which apply to ~ecific segment~ in the zone, all standards which apply to the zone are prc3cntcd. The following to be deleted from the adopted Land Use Map: DOWNTOWN MIXED USE (COMMERCIAL AND RESIDENTIAL) D1 D2 D3 D4 D5 HIGH MEDIUM DENSITY RESIDENTIAL WITH MAJOR COMMERCIAL HIGH MEDIUM DENSITY RESIDENTIAL WITH OFFICE COMMERCIAL HIGH MEDIUM DENSITY RESIDENTIAL WITH MAJOR AND OFFICE HIGH DENSITY RESIDENTIAL WITH MAJOR COMMERCIAL HIGH DENSITY RESIDENTIAL WITH MAJOR AND OFFICE COMMERCIAL Delete Chapter IX (Redevelopment Element) and renumber existing chapters of 2010 text. p:luc2.tc