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Home My WebLink AboutRES NO 133-93RESOLVTION NO./--3_3 - 9 3 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VI OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-93). 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 THURSDAY, JUNE 17, 1993, on Segment VI 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 VI of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VI: The CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential) to GC (General Commercial) on 6.5 acres, located at the southwest corner of Brimhall Road and Calloway Drive; 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. 40-93 on June 17, 1993, the Planning Commission recommended approval and adoption of Segment VI 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 ORIGINAL 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 11, 1993, on the above described Segment VI 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, staff has determined that the proposed project, as recommended, could not have a significant effect on the environment. A Negative Declaration was advertised and posted on May 7, 1993, in accordance with CEQA. 4. The proposed project is to expand the existing General Commercial to the new alignment of Calloway Drive and Brimhall Road. 5. The proposed amendment of the general plan is consistent with the Metropolitan Bakersfield 2010 General Plan policies and goals. 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 VI 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 VI 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 southwest corner of Brimhall Road and Calloway Drive, subject to conditions of approval shown on Exhibit "A." 2 ~- ORIGINAL 5. That Segment VI, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 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 /~UG l 1 ~ by the following vote: AYES: COUNCiLMEMBERS McDERMOll', EDWAROS, I)eMONO, SMITH, BRUNNI, ~3WLES, SALVAGGIO NOES: cOUNCILMEMBERS --~ "~ ABSTAIN' COUNCILMEMBERS- -~ ABSENT:' COUNCIL~'EMBERS .._j~a~, -~- ~C]~Ja'nd Ex Off~rk of the Council of the City of Bakersfield APPROVED AUG I 1 1995 BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: -'-~ LAWRENCE M. LUI~ARI)INI CITY ATTORNEY of the City of Bakersfield MO:pjt July 19, 1993 res~r293s6.cc ORIGINAL EXHIBIT "A" General Plan Amendment 2-93, Segment VI Prezoning No. 5459 Conditions of Approval Planning: 1. Prior to site disturbance, an archaeological survey be completed. 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 Consewatlon 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. Public Works: Upon further development or subdivision within the proposed R-1 or C-1 zoned areas, offers of dedication will be required to allow for the construction of the entire portion of Calloway Drive and Brimhall Road within the project area to arterial standards. Such offers shah include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. The offers of dedication, fully executed, shah be submitted to the City prior to development or recordation of any subdivision map or certificate of compliance within the specified areas. Upon further development or subdivision within the GPA area, a traffic study shall be submitted identifying impacts from the development and the proposed mitigation of these impacts including the percentage share of the cost of specific improvements required as a part of the proposed mitigation. Access to Brimhall Road and Calloway Drive is restricted and shall meet City Standards for location and separation. The location of access point(s) shah be determined at the time of further subdivision or at the time of site plan review. Upon further development or subdivision within the GPA area, the subdivider/developer shall submit a comprehensive drainage study of the entire GPA 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 drainage study shah be submitted to and approved by the City Engineer and any required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the GPA area. At the time the Calloway Drive realignment is developed, the existing Calloway Drive is abandoned as appropriate. p:293s6.ea ORIGINAL GENERAL PLAN AMENDMENT 2-93, SEGMENT VI $R BRIMHAl L ROAD I i LR LR £R -HI3~OOD LR WINDCREEK COURT LR _ ..OOKSTONE. COURT LR C FOXGLEN COURT _EXISTING BRIMHALL RD~D.~.-.~' q,~'~.- 32 ' GC O ~VENROCK DRI~ ~ ~VENWOOD DRI~ ~ S~FFOROSHIRE WAY O ~ WATERBURY DRI~ 0 T295, R27E EXHIBIT B _R ORIGINAL 49306