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Home My WebLink AboutRES NO 136-94RESOLUTION NO. 1 $ B - 9 4 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT V OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-94). 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, JUNE 13, 1994, THURSDAY, JUNE 16, 1994, and continued until TUESDAY, JULY 5, 1994 and THURSDAY, JULY 7, 1994, on Segment V 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 V of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V: Martin-Mcintosh, agent for Castle and Cooke Homes, Inc., has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LI (Light Industrial) to HMR (High Medium Density Residential) on 16.4 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, by Resolution No. 30-94 on July 7, 1994, the Planning Commission recommended approval and adoption of Segment V 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 24, 1994, on the above described Segment V 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 the required notices have been given. been followed. The provisions of the California Environmental Quality Act have 3. The project will not have a significant effect on the environment. 4. Conditions of approval attached to the project as Exhibit "A" are included in the project to mitigate impacts. 5. That the 2010 General Plan Housing Element encourages the provision of housing to accommodate a broad spectrum of socioeconomic needs. 6. That proximity to a school, park and church is an appropriate location for low-moderate income housing project where adequate transportation opportunities is often an issue. 7. The project has been reviewed by staff and the operators of the Bakersfield Airpark and is determined to be consistent with the intent and purpose of Sections 21670 and Section 21675 of the California Public Utilities Code. 8. Approval of the project will provide for the orderly expansion of the airport and will minimize the public's exposure to excessive noise and safety hazards within the area around the airport. 9. That the existing airport policy to have aircraft turn 20° to the west upon take-off will minimize overflight problems. 10. That the existing noise levels at the project site are less than 60 CNEL and this is consistent with the Casa Loma Specific Plan Noise Element standards for "sensitive" uses and this is the applicable noise standard for the area. 11. That this amendment is consistent with the goals and policies of the Metropolitan Bakersfield 2010 General Plan. 12. That this project is compatible with the existing and proposed land uses surrounding the site. 13. That this project is needed to provide an opportunity for revitalization in the Casa Loma Specific Plan area. 14. That there is broad community support for this project. 15. That the required avigation and overflight easement will help minimize land use conflicts between the airport and this residential development. 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 V 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 V 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 "A," attached hereto and incorporated as though fully set forth, for property generally located along the west side of Madison Avenue between Casa Loma Drive and Watts Drive within the boundaries of the Casa Loma Specific Plan, subject to conditions of approval shown on Exhibit "A." 5. That Segment V, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-94. ......... 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 A01~ Z 4 ~ , by the following vote: AYES: COUNCILMEMBERS McOERMO1'r, E DW~I~,?~MO~O, SMITH, BRUNNI, ROWLE$, SALVA~CdO NOES: COUNOILMEMBEP~ . R~STAIN: COUNCILMEMBERS t'~, ~. )~ ~ .~E.t4T: COUNCILMEMBER~ l/'~ ~ ~./~ C.~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: Assistant City Attorney RED:pit July 14, 1994 res\r294sS.cc 4 EXHIBIT "A" General Plan Amendment 2-94, Segment V Casa Loma Specific Plan Amendment 1-94/Zone Change No. SS66 Recommended Mitigntion Measures Planning: In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities. (Mitigation) Prior to the issuance of a building permit within the project area, the Kern High School District and BakersfieldCity School District must be paid the amount of $3.65 per square foot of assessable space (as that term is defined in Government Code Section 65995) for each residence for the purpose of providing school facilities. This amount 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. This payment will not be required if the Kern High School District has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. (Mitigation) Prior to approval of any site plan or parcel map, an archaeological survey must be completed by the developer. Any mitigation measures resulting from the archaeological study must be complied with prior to issuance of final occupancy permit or recordation of any parcel map respectively. (Mitigation) Public Works: 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. (Mitigation) Municipalsewer service to each development, lot, or parcel shall be provided upon further subdivision or development of the property. Prior to submitting any tentative subdivision maps or development plans, a proposal and sewer study for providing that municipal service shall be submitted to and approved by the City Engineer. The boundary of the study shall also be approved by the City Engineer and may include areas outside the boundary of the General Plan Amendment area. Connection to the sewer system shall be to the sewer main in Madison Avenue at Watts Drive. (Mitigation) Offers of dedication will be required to allow for the construction of the entire portion within the project area of Madison Avenue to collector 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. (Mitigation) Madison Avenue shall be constructed adjacent to the project area with the first development within the project area. Construction shall include sidewalk, curb and gutter, and street pavement, with paved transitions approved by the City Engineer where new street construction on Madison Avenue meets existing pavement. (Mitigation) F~xhibit "A" General Plan Amendment 2-94, Segment V Casa Loma Specific Plan Amendment 1-94 Zone Change No. 5566 Page 2 Prior to recording of any subdivision maps or certificates of compliance, or submittal of any development plans for the project area, the applicant shall prepare a comprehensive drainage study that shall be submitted to and approved by the City Engineer. The boundary of the study shall also be approved by the City Engineer and may include areas outside the boundary of the General Plan Amendment 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 applicant shall initiate proceedings to form a Planned Drainage Area if necessary to facilitate construction of the drainage system(s). (Mitigation) Developer to record an avigation and overflight easement in favor of, and approved by, the City of Bakersfield prior to any land division approval or development permit approval. (Mitigation) p:294s5.ea GENERAL PLAN AMENDMENT 2-94, SEGMENT V CASA LOMA DR~E ITl X SI CASA LOMA CASA LOMA SCHOOL I OS-P PS I ...... ~---.'~--- ....... .-J .....1 ....... ,.,.,L .......... V//..'//.4. /'///.. ////.'//./.. //X/.' .'~'//.'/'MA. 0 400 L LI T30S, R28E OLD YARD DRIVE ,I WA~S DRIVE SR HMR Lmr I I I I NINA STR EE'T SR HMR SR