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Home My WebLink AboutRES NO 81-95RESOLUTION NO, 8 '1. ' 9 5 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT ! 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, MARCH 13 and THURSDAY, MARCH 16, 1995, on Segment I 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 I of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT I: DeWalt Corporation has applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from General Commercial to High Medium Density Residential on 9.6 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 mitigations 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. 20-95 on March 16, 1995, the Planning Commission recommended approval and adoption of Segment 1 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 I 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 the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Conditions of approval as shown in Exhibit "A" are included in the project to mitigate impacts. 5. The proposed amendment of the General Plan is compatible with existing surrounding residential designations and land uses. 6. The proposed amendment will enhance opportunities for the provision of a range of housing types as well as affordability. 7. Future development will be subject to the provisions and standards of the Master Multi-Purpose Trail Plan as adopted within the Polo Grounds project. 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 I 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 I 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 at the northwest corner of Jewetta Avenue and Hageman Road, subject to conditions of approval and mitigation measures shown on Exhibit "A." 5. That Segment I, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-95. ......... 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 MAY ! ? 1!~, , by the following vote: AYES; COUNCILMEMBER DeMOND, CARSON, SMI~j-I, McDERMOTt, ROWLES, ~, SALVAGGIO NOES: COUNCILMEMBER ABSTNN: COUNCILMEMBER ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1 7 'FJ~5 BOB PRI/~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: ~ ~ ~ .~ LAURA C. MARINO Assistant City Attorney MJM:pjt May 30, 1995 res~r 195sl.cc 3 · C~ f- EXHIBIT "A" Conditions of Approval General Plan Amendanent 1-95, Segment I Zone Change No. 5612 de. Upon future development (building permit), this site will bc responsible for its proportionate share of the traffic mitigation measures identified in the Polo Grounds traffic study. Development of this GPA area will be limited to the amount of traffic generation proposed in the Polo Grounds traffic study. Otherwise, a revision to the Polo Grounds study or the submission of a new local traffic mitigation study will be required to address the change in traffic generation. No access point shall be allowed along Jcwctta Avenue from the beginning of the right turn bay taper for ilagcman Road south to Ilageman Road. A right turn dccclcration lane shall bc provided to the main entrances ahmg both ilagcman Road and Jewetta Avenue. Each main access may be allowed a left turn in but no left turn out, provided said left turn in will physically fit in relationship to other turn lanes. The nearest access point allowed ahmg Ilagcman Road shall be at least 150 feet from its center to the end of the curb return at Jcwctla Avenue. A copy of a recorded covenant by the property owner precluding multi-family residential from the area of Tentative Tract 5728 must bc submitted to the Development Services 1)cpartmcnt prior to final adoption of the ordinance effectuating Zone Change 5612. Prior to issuance of a building permit within the project area, the Kern lligh School District must be paid the amount of $1.33 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each residence for the purpose of providing school facilities. If, however, the applicant complies with Condition No. 5, so that the number of residences which could otherwise be constructed in Tentative Tract 5728 is reduced by 70, the amount to be paid will be $.90 instead of $1.33. Each of these amounts will increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction at its January meeting, which increase will be effective as of the date of that meeting. Payment will not be required if the Kern Iligh School District has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. An archaeological survey is required to be performed in accordance with the guidelines of the California Archaeological Inventory at Cal State Bakersfield. Any mitigation resulting from this study shall be completed prior to the issuance of any building permit. Proof of such compliance is to be submitted to the Development Services Department. Access to the project shall bc restricted to Jcwetta Avenue and Ilagcman Road. The upplicant to pay the City of Bakersfield park development fees to the North Bakersfield Parks and Recreation District prior to the issuance of any building permit on the property silo. Proof of such payment must be submitted by the developer lo the City of Bakersfield Building Inspection Department and is to be for the incremental units. p:195sl.ca GENERAL PLAN AMENDMENT 1-95, SEGMENT I LR f YEARLING AVE. CAMPSITE WAY LR Ld SHOW RING LANE LR BAY MEADOWS LANE LR WRANGLER m LR 0 DRP,'E ~ LR Z w DONERAIL - DR. LR HMR l BLUEGRASS DR. / HMR HAGEMAN SR ~ SR W SR g $R ~ LR 18 COTHER AVENUE SR JENLEE AVENUE SR JIMRIK AVENUE SR LR QUADRILLE CT.3 LR LR LAKEWOOD CT.3 LR ACADEMY AVENUE LR N 0 40O SCALE IN FELrT ROAD COUNTY 24 19 T29S, R26E T295, R27£ SR SR POULSEN EXHIBIT B