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Home My WebLink AboutRES NO 186-94RESOLUTION NO. I 8 6 - 9 4 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 3-94). 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, SEPTEMBER 12, 1994, and THURSDAY, SEPTEMBER 15, 1994, 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: MARTIN-MCINTOSH for Castle & Cooke has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from HMR (High Medium Density Residential, greater than 7.26 and less than or equal to 17.42 dwelling units per net acre) to LMR (Low Medium Density Residential, greater than 4 and less than or equal to 10 dwelling units per net acre) on 14 - acres, located southeast of Ming Avenue and Haggin Oaks Blvd.; 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.45-94 on September 15, 1994, 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, NOVEMBER 16, 1994, 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 California Environmental Quality Act (CEQA) have been followed. 3. Based on the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration with mitigation measures was advertised and posted on July 29, 1994, in accordance with CEQA. 4. The proposed LMR (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 designation to LMR. 6. The recommended LMR land use designation would allow for a variety of residential types and densities, which is consistent with the Housing Element of the 2010 General Plan. 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. 2 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 southeast of Ming Avenue and Haggin Oaks Blvd., 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 3-94. ......... 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 NOV 1 6 199~ , by the following vote: AYES: COUNCILMEMBERS McDERMOTT. EDWA(~D$~,~MOND, ,',',',',',',',','~ITH, BRUNNI, ROWI.E$, $ALVAGGIO NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ~? O~ 0 ABSENT: COUNCILMEMBER8 ! \ r-,..,x 9 CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV I 6 1~ B PRI~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY BY: ,.~ /3")~ LAURA C. MARINO Assistant City Attorney MO:pjt October 7, 1994 res~r394sl.cc 4 EXHIBIT "A" General Plan Amendment 3-94, Segment I Zone Change No. 5581 Conditions of Approval Planning Department: Habitat Conservation fees for this project will be calculated based on the fee in effect at the time payable to the Planning Department prior to issuance of an urban development perrrdt (includes grading plan approvals) as defined in the ImplementationfManagementAgreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of fees, applicant will receive acknowledgement of compliance with Metropolitan Bakersfield ttabitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). Public Works Department: NOTE: * indicates adjustments have been made on these items to account for the Regional Transportation Impact Fee's contribution towards the item. Upon further subdivision or development, the developer shall pay to the City fees for his proportionate share of future traffic signals in the project area impacted from the potential increase in trip generation between the proposed land use and the existing land use. The signals and the developer's proportionate share are as follows: Haggin Oaks Blvd at Ming Ave $ 5,720.00 Gosford Rd at N. Laruelglen Blvd $ 520.00 TOTAL $ 6,240.00 (4.4% of $130,000.00) (0.4% of $130,000.00) The traffic study and resulting impacts identified in item 2. above are based on a residential density of 90 R-2 units (as stated in the traffic study), while the land use proposed could allow more or less units. The fee per unit is $69.33. Should an increase of more than 5% in the residential units be proposed for any specific project within the GPA area, then a review and possible revision to the traffic study shall be required at tentative map submittal. Otherwise, the fee of $69.33 per dwelling unit will be maintained even if the residential units that are finally created are less than, or no more than 5% greater than that proposed so that proportionate local traffic mitigation will be achieved. p:394sl.ea GC EXHIBIT B GENERAL PLAN AMENDMENT 3-94, SEGMENT I o California State tJnive~i~'y ~INO MEDIA OC ~BERTY PARK DRIVE OC MIN~ OC HMR AVENUE 0 400 T3OS, R27E