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Home My WebLink AboutRES NO 139-95RESOLUTION NO. 1 8 9" 9 5 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT IV OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-95). 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, JUNE 12, 1995 and THURSDAY, JUNE 15, 1995, on Segment IV 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 IV of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT IV: CORNERSTONE ENGINEERING, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from Estate Residential and Open Space to High Density Residential on 20.30 -+ 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 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. 45-95 on June 15, 1995, the Planning Commission recommended Disapproval of the requested High Density Residential and recommended Approval of Low Density Residential 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, AUGUST 30, 1995, on the above described Segment IV 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 High Density Residential (greater than 17.42 and less than or equal to 72.6 dwelling units per net acre) land use designation is not consistent with the existing land use designations and proposed land uses in this general area. 5. The public necessity and general welfare do not justify the change of land use designation to High Density Residential. 6. The staff proposed Low Density Residential (less than or equal to 7.26 dwelling units per net acre) land use designation is consistent with the general plan policies and goals. 7. The public necessity and general welfare justify the change of land use designation to Low Density Residential. 8. The public necessity and general welfare justify the elderly care assisted and independent living facility. 9. The staff proposed amendment of the General Plan is compatible with existing land use designations and zoning districts adjacent to the subject site and within the general area. 10. Elements of the Metropolitan Bakersfield 2010 General Plan do not show any equestrian trails in the general area of the subject site north of the Cross Valley Canal. 2 11. Under the city's previous general plan, the subject site was annexed to the city as Open Space (Agriculture), and the site was zoned A-20A (Agriculture-20 acre minimum lot size) which was consistent with the Open Space (Agriculture) designation. 12. Under the existing Metropolitan Bakersfield 2010 General Plan, the subject site's Open Space (OS) designation provides for agricultural production, and the site is zoned A-20A (Agriculture-20 acre minimum lot size) which is consistent with the Open Space (OS) designation. 13. The proposed Kern River Freeway alignment, the adopted Calloway Drive alignment and the Cross Valley Canal create a relatively isolated parcel which would be difficult to maintain in agriculture production. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: i. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment IV 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 disapproves High Density Residential and approves Planning Commission proposed Low Density Residential 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 between the proposed Kern River Freeway, Cross Valley Canal and adopted Calloway Drive alignment, subject to conditions of approval shown on Exhibit "A". 5. That Segment IV, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-95. ......... 000 ........ 3 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 AII~ B 0 1~.~ , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED Atl~ B 0 1995 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: CARL HERNANDEZ Deputy City Attorney 4 Public 1. EXHIBIT "A" Conditions of Approval General Plan Amendment 2-95, Segment IV Works Department: The area of the Kern River Freeway right-of-way as shown on the adopted specific plan line map (whether the current adopted City/County alignment, or a future Caltrans alignment should such alignment be adopted prior to development of the project) shall be reserved between Calloway Drive and the west line of Section 31, Township 29 South, Range 27 East, M.D.M., with the first development or final map within the general plan amendment area. In accordance with Section 17.55.030 of the Municipal Code, no permanent structures may be constructed within the freeway right-of-way area. Further, the Municipal Code requires that the City, at the time of approval of a final map or parcel map, enter into an agreement to acquire said reserved freeway right-of-way within two years after the completion and acceptance of all improvements required as a condition of such map. Municipal sewer service to the general plan amendment area shall be provided upon further subdivision or development of the property. Prior to submitting any tentative subdivision maps or development plans, a proposal for providing that municipal service to the General Plan Amendment area shall be submitted to and approved by the City Engineer. A drainage study for a drainage system for the general plan amendment area shall be submitted to and approved by the City Engineer prior to submittal of any tentative subdivision maps or development plans. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site(s) and size, and construction phasing. As the development proposed consists of private streets and paved areas, all drainage basin and storm drain system maintenance shall be by the property owner. Calloway Drive shall have a 96' curb to curb standard as required for arterial streets with bike lanes in the circulation element of the 2010 General Plan. Final development plans and/or subdivisions shall incorporate to the greatest extent possible the latest adopted freeway plan lines or any alternative subject to the approval of the City Engineer. p:295s4.eal EXHIBIT "B" STAFF RECOMMENDATION GPA 2-95, SEGMENT IV LR KERN RIVE:R FREEWAY LR OS ER OS OS-P , OS LR OS OS '~ ~ ~ 1~,, ~.~~ °~' ~ ~ ,. ~ ~ T2gS,I R27E