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Home My WebLink AboutRES NO 136-95 SOL STIOS SO. 1- 3 6 ' 9 8 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT I 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 and THURSDAY, JUNE 15, 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: and Martin-Mcintosh for Castle & Cooke Homes, Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential, -~ 7.26 dwelling units per net acre) to LMR (Low Medium Density Residential, > 4 and -~ 10 dwelling units per net acre) on 46.3 ± acres; from HMR (High Medium Density Residential, > 7.26 and _~ 17.42 dwelling units per net acre) to LR (Low Density Residential, -~ 7.26 dwelling units per net acre) on 7.47 _+ acres; from HR (High Density Residential, > 17.42 and _~ 72.6 dwelling units per net acre) to LMR (Low Medium Density Residential, > 4 and -~ 10 dwelling units per net acre) on 9.28 -+ acres; from LR (Low Density Residential, -~ 7.26 dwelling units per net acre) to OS-P (Open Space- Parks) on 10.02 ± acres; from OS-P (Open Space-Parks) to LR (Low Density Residential (_~ 7.26 dwelling units per net acre) on 8 +- acres; and from LR/PS (Low Density Residential/Public-Private School) to LR (Low Density Residential, -~ 7.26 dwelling units per net acre) on 11.37 ± acres (TOTAL AREA INCLUDED IN PROPOSED LAND USE AMENDMENTS IS 92.44 -+ 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. 39-95 on June 15, 1995, the Planning Commission recommended approval and adoption of Segment I 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 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 on Exhibit "A" are included in the project to mitigate impacts. 5. The relocated park sites meet the acreage and service area radius standards of the Parks Element of the Metropolitan Bakersfield 2010 General Plan. The Parks Division has agreed to public maintenance of the proposed 3.46 acre park site, although it does not meet the six acre minimum size standard for a neighborhood park. 6. The recommended LMR (Low Medium Density Residential) designation is appropriate for the 55.6 acre area included in the request, as this designation will allow for compatible development within the Seven Oaks community in light of existing and proposed zoning classifications within the 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. 2 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 (Exhibit "B") marked "GPA 2- 95, Segment I, Amended Staff Recommendation", attached hereto and incorporated as though fully set forth, for property generally located west of Old River Road, south of Ming Avenue, north of White Lane, and east of Buena Vista Road, subject to conditions of approval 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 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 AIlG 3 0 ~5 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, NOES: COUNCILMEME~ER ABSTAIN: COUNCILME~£it 1'~ (~',~ ABSENT: ~UNCI~EMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AIJ8 3 0 lgg5 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: ~-~'~7~~' CARL HERNANDEZ Deputy City Attorney MJM August 11, 1995 res\r295sl.cc 4 EXHIBIT "A" Conditions of Approval General Plan Amendment 2-95, Segment I Zone Change 5633 3~he proposed park sites (designated OS-P, Open Space - Parks pursuant to this General Plan Amendment) shall be granted by the developer to the City of Bakersfield in fee simple. The park sites shall be improved to neighborhood park standards by the developer within one year of the time that 25 per cent of the residential acreage within both Sections 6 and 7 (northerly and southerly of Ming Avenue) is recorded as final subdivision maps. Improvements shall be in conformance with those stipulated for neighborhood parks in the Parks Element of the Metropolitan Bakersfield 2010 General Plan. Public Works Department: The drainage study previously approved by the City Engineer that includes the GPA areas shall be revised and reapproved by the City Engineer to reflect the changes in run-off resulting from the changes in land use. The original local traffic mitigation for Section 7 which resulted from GPA 2-88, Segment V and which was modified by GPA 2-92, Segment III, shall remain in effect for the GPA areas. As the actual traffic generation from this General Plan Amendment actually results in less traffic, a reduction in the percentage shares for specific traffic signals not yet paid for through the existing local traffic mitigation may be allowed provided calculations are submitted to and approved by the City Engineer. p:295sl.ea GPA 2-95, SEGMENT I AMENDED STAFF RECOMMENDATION / / I / LR OS-P OS-P P$ 12 7 OC / / / / / / / LR 7:8 LR u~C T,,t0S, T30S, C, , I_lvtR GC r EXHm~rr B