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Home My WebLink AboutRES NO 37-95RESOLUTION NO. 3 7 "9 $ RESOLUTION AMENDING THE KERN RIVER FREEWAY SPECIFIC PLAN LINE BY REDUCING THE RIGHT-OF-WAY AT THE JEWETnA AVENUE CROSSING TO 210 FEET, WHICH WILL DELETE THE EXPANDED AREA NEEDED FOR THE GRADE SEPARATION. WHEREAS. areas within the Brimhall Road, Calloway Drive, Kern River and Allen Road are designated for urban development; and WHEREAS, this area was also designated for the Kern River Freeway Specific Plan Line adopted by Resolution 138-91 and which had a separation of grade at Jewetta Avenue; and WHEREAS, no river crossing is anticipated at the Jewetta Avenue alignment: and WHEREAS, Jewetta Avenue will serve a very small area; and WHEREAS. the Rio Bravo Canal and Cross Valley Cared further restrict the flow of traffic in this area: and WltEREAS, the area south of the Kern River Frccway Specific Plan Line Alignment east of the Rio Bravo Canal is a gatcd community and WHEREAS, this gated community is age restricted to residents of 55 years old and older and demonstrate lower traffic generation rates than typical residential development; and WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held public hearings on Monday, December 12, 1994. and Thursday, December 15, 1994, and Tuesday, January 17, 1995, and Thursday, January 19. 1995 on a proposed amendment of the Kern River Freeway Specific Plan Line, notice of time and place of hearing have been given at least twenty-one (21) calendar days before the December hearings and ten (10) days before the January hearings by publication in the Bakersfield Californian. a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Kern River Freeway Specific Plan A, and Line is depicted on Exhibit ..... WHEREAS, tbr the above-described project, an Initial Study was conducted, and it was determined that the proposed project would not have a significant effect on the environment, and a mitigated Negative Declaration, as amended by Exhibit "B" was prepared and posted on November 4, 1994, in accordance with CEQA; and WHEREAS, the law and regulations relating to thc preparation and adoption of Ncgative Declarations as set forth in CEQA and the City of Bakersficld's CEQA Implementation Procedures have bccn duly followed by staff and the Planning Commission; and WHEREAS, by Resolution No. 6-95 on January 19, 1995, thc Planning Commission rccommcnded approval and amendment to the Kern River Freeway Specific Plan Linc and this Council has fully considered the findings made by the Planning Commission as set forth in that rcsolution; and ,~ ~i:~::~ ,~ WHEREAS, the Council of the City of Bakersfield, in accordance with the provision of Section 65355 of the Government Code, conducted and held a public hearing on February 22, 1995, on the above-described Kern River Freeway Specific Plan Line, 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 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as 1bllows: WHEREAS, the Council has considered and hereby makes the tbllowing findings: 1. All required notices have been given. bccn followed. The provisions of the California Environmental Quality Act (CEQA) have 3. Based on the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration with mitigation measures was advertised November 7, 1994. and posted on November 4, 1994, in accordance with CEQA. 4. The public necessity, general welfare and public safety justify the requested change to the Kern River Specific Plan. 5. The project site will be limited to senior citizens age 55 and older and therefore, will have fewer trips generated than a "standard" single family residential development. Allen Road. There is limited access to the gated development from Calloway Drive and 7. There is no proposal for access to the south of the project site over the Cross Valley Canal. 8. Movement of the freeway alignment to the north has left a reinanent area ripe tbr urbanization. 9. The proposed amendment to the Kern River Specific Plan is consistent with the Metropolitan Bakersfield 2010 General Plan. ......... 000 ........ 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 FFI~ 2 l~ 1~5 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO NOES: COUNCIIR4EMBER ~ O~ ABSTAIN: COUNCiLMEmbER 0~6 Assistant CITY CLERK and Ex Officio ~lerk of the Council of the City of Bakersfield APPROVED FEB 2 2 1~5 BOB'~PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY LAURA C. MARINO Assistant City Attorney MG:pjt February 23, 1995 re s\r494spl.cc 6 i SIOCKDAIE HICIIWAY 25 36 KERN RIVER FREEWAY EXHIBIT A 3O BRIMHALL RD. POINT OF BEQINNING: ALTERNATE #1A ~0.6276 N N 3! CROSS CAN EXHIBIT "B" General Plan Amendment 4-94, Segment IV Zone Change No. 5603 REVISIONS TO THE INITIAL STUDY AND ENVIRONMENTAL ASSESSMENT The Initial Study stated that the project proposal would "only access for the internal circulation syctem io drawn from Calloway Drive." This has been modified and the applicant has reeleyed approval by the canal board to construct a bridge over the Goose Lake Slough along the west boundary of the site, as well as two additional temt~orary fire access t~oints along Calloway Drive. I. ENVIRONMENTAL IMPACTS The following Section in Transportation (Kern River Freeway) should be amended with the underlined added and the strikeout deleted. This property contains 6,530 linear feet of the adopted Specific Plan Line for the Kern River Freeway. It is a goal of the 2010 Circulation Element to provide a system of freeways to maintain adequate travel times around the metropolitan area. Since this general plan amendment includes an adopted specific plan line, the only consistent action is to require reservation dedication of all that freeway alignment within the boundaries of the project site. The following Section in the Equestrian Usage should be amended with the underlined added and the :t.""~-ee'-'-* deleted. The City of Bakersfield Planning Commission trails committee met with Castle and Cooke representatives regarding equestrian access along the Goose Lake Slough from Allen Road to the Kern River. Castle and Cooke representatives agreed that when Sections 31 and 36 were the subject of development then a trail would be provided. No trail system is provided by this request. However, Castle and Cooke representatives represent that an equestrian trail will be developed by others from Allen Raod along the Goose Lake Slough to the bridge over the Goose Lake Slough that will link to the Kern River. Exhibit "B" GPA 4-94. Seg. IV Page 2 The following Section in General Plan/Zoning should be amended with the underlined added and the st-r4heo~ deleted. The present land use designation on the site is LR (Low Density Residential), ER (Estate Residential o 1 net acre/dwelling unit) and OS (Open Space), with existing zoning of A-20A (Agriculture-20 acre minimum). This proposal will amend the land use to LR (Low Density Residential) and zoning to PUD (Planned Unit Development). This proposal will alter the present land use of the area by creating single family density. The proposal is .~z: consistent with the Metropolitan Bakersfield 2010 General Plan policies and implementation measures with regards to environmental issues and will not significantly conflict with established state law and local general plan goals. NOTE: The local open space plan is the open space element of the general plan for the city. Open space is regarded as "so important" the State of California mandates each jurisdiction to have an open space element. The adopted 2010 open space element "conserves and enhances" the unique open space within the planning area. The Open Space Element Is a Policy document formed by the City Council. This project proposes to eliminate 43 acres of open space and mitigate this loss by offering some 70 acres of Open Space-Parks (the golf course). Open spaee is defined in State law (See. 6~60) ao "unimproved," therefore virtually any development (i.c. a golf eouroe) does not appcar to meet the criteria. Mitigation has been added to addrcss this problem, see Exhibit "A". mo P:ENV-494S.EA