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Home My WebLink AboutRES NO 85-95RESOLUTION NO. 8 $ ' 9 $ A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VII OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 1-95). 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, April 17, 1995 and THURSDAY, April 20, 1995, on Segment VII 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 VII of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VII: RICKETT, DELMARTER AND DEIFEL, agent for Doug Wattenbarger, have applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from Low Density Residential to Low Medium Density Residential on 28.75 acres and from General Commercial to Low Medium Density Residential on 6.8 acres. 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 the Planning Commission; and WHEREAS, by Resolution No. 30-95 on April 20, 1995, the Planning Commission recommended approval and adoption of Segment VII subject to conditions listed in Exhibit "A" 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, May 17, 1995, on the above described Segment VII 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 public notices have been given. 2. The provisions of California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. The proposed Low Medium Density Residential (greater than 4 and less than or equal to 10 dwelling units per net acre) land use designation is consistent with the general plan policies and goals. 5. The public necessity and general welfare justify the change of land use designation to Low Medium Density Residential. 6. The public necessity and general welfare justify the housing need for moderate income families. 7. The public necessity and general welfare justify creation of a commercial site of less than five acres. 8. Housing for moderate income families is supported by policies of the Housing Element of the general plan. 9. The proposed amendment of the General Plan is compatible with existing land use designations and zoning districts adjacent to the subject site. 10. Single-family housing is compatible with land uses adjacent to the subject site. 11. The project will allow construction of housing for moderate income families and subsequent to California Government Code, Section 65358, amendment of a general plan, which provides housing for low and moderate income families, may occur more frequently than four times during any calendar year. ORIGINAL 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 VII is hereby approved and adopted. 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 VII 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 along the southwest corner of South Union Avenue and Panama Lane, subject to conditions of approval shown on Exhibit "A". 5. That Segment VII, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-95. ......... 000 ........ 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 ~/~¥ ~ 7 3.~ , by the following vote: AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McOERMOTI', ROWLES, CHOW, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER MAY 3. 3' 19&5 APPROVED BOB PRICE MAYOR of the City of Bakersfield CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATFORNEY LAURA C. MARINO Assistant City Attorney RED:pjt May 2, 1995 res~r195s7.cc 4 ORIGIN,AL EXHIBIT "A" General Plan Amendment 1-95, Segment VII Zone Change No. 5627 At the time of further development or subdivision, the property owner(s) within the GPA area not already within a maintenance district shall request to be annexed to an existing maintenance district or request creation of a new maintenance district for their property. Municipal sewer service to each development, lot, or parcel shall be provided upon further subdivision or development of the property. Prior to submitting any subdivision improvement plans or development plans, a study for providing that municipal sewer service shall be submitted to and approved by the City Engineer. The boundary of the study shall include the commercial area at the southwest corner of Panama Lane and Union Avenue, and lhe Tract 1348 area. If a new pump station is proposed to provide service for this development in place of feasible gravity sewers, then the developer shall perform an economic analysis of the operation and maintenance over the expected life of this pump station and, prior to acceptance by the City of this pump station, shall pay a fee based on the economic analysis for this station's operation and maintenance. Offers of dedication will be required to allow for the construction of the entire portion within the project area of Panama Lane and Union Avenue to arterial standards. Such offers shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. The offers of dedication, fully executed, shall be submitted to the City prior to development or recordation of any subdivision map or certificate of compliance within the GPA area. Any proposed phasing of Panama Lane construction, if allowed, shall be approved by the City Engineer. The applicant shall submit a comprehensive drainage study that shall include the entire GPA area, the commercial area at the southwest corner of Panama Lane and Union Avenue, and the Tract 1348 area. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The drainage study shall be submitted to and approved by the City Engineer and the required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the project area. Panama Lane shall be constructed as required by the 2011) General Phm for arterial streets with bike lanes. Because of the bike hines, additional dedication shall be required at the intersection for the installalton of traffic signal facilities. Paved transitions approved by the City Engineer will be required where new street construction on Panama Lane meets existing pavement. Traffic signal interconnect conduit and conductor shall be installed along the Panama Lane project frontage. p:195s7.ea ORIGINAL EXHIBIT "B" GENERAL PLAN AMENDMENT 1-95, SEGMENT VII ~ L[NNELL ~WAY LR M'T-rLEJOHN AVE. LR --[ co ~ LR T,~OS, R28[ PANAMA LANE LR ARVIN-ED/$ON ~4NAL' LR j HMR J GC 30 29 HC I · ~ ! SR HC ~ I SR 59512 ORIGINAL