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Home My WebLink AboutRES NO 35-95RESOLUTION NO. 3 5 ' 9 li 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 III of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT 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 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 mitigation 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, 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 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 Quality Act (CEQA) have been followed. 3. The project, as revised in accordance with staff's 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 revised in accordance with staff's 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: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment III is hereby approved and adopted. 3. The report of the Planning Director, 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. 2 4. The City Council hereby approves and adopts Segment III 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 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. ......... 000 ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of [he. City of Bakersfield at a regular meeting thereof held on F£1~ I~ z Lq~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, CHOW, SALVAGGIO NOES: COUNCILMEMBER ~/0tT~ ABSTAIN: COUNCILMEMBER /U 0~ ABSENT: COUNCILMEMBER ~/~ istant CITY CLERK and Ex (~ci"ffClerk of the Council of the City of Bakersfield APPROVED FIB 2 BOB P~'ICE~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY Assistant City Attorney MJM:pit January 19, 1995 res~r494s3.cc 4 EXHIBIT "A" General Plan Amendment 4-94, Segment 111 Zone Change No. 5599 Conditions of Approval 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 106 lots for single family dwellings. The minimum net residentiallot 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 accessways. 4. Future residential development shall have no access to the existing Grccnhavcn 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 priwlte, commonly-maintained park site of 1.20 acres. (NOTfi: Conditional Use Permit is required for the private park facility.) Public Works l)epartmcnt: 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. 10. 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. 11. 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. 1,ots along the western and northern boundaries shall be no less than 18,000 square feet in area. 13. Average lot size to be no less than 18,000 square feet. p:494s3.ca SR SR CONNERY WAY EXHIBIT B GPA 4-94, SEGMENT III STAFF RECOMMENDATION SR OLD TOWN. ROAD SR SR BIRCHHAVEN AVENUE SR SR LONGMEADOW WAY SR RENDLEY 25 SR (~,~,ooo) BRIMHALL ROAD C/TY 0 4OO LR seVIN FEET T29S, R26E