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HomeMy WebLinkAboutRES NO 44-92RESOLUTION NO. 4 4[ - 9 2 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT II OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 4-91). 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 December 19, 1991, on Segment II 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 II of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT II MARTIN-MCINTOSH has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from OS-P (Open Space-Parks and Recreation Facilities) to LR (Low Density Residential) on 8 acres, and from LR (Low Density Residential) to OS-P (Open Space-Parks and Recreation Facilities) on 8 acres for the purpose of relocating a future neighborhood park within the Seven Oaks Development (Section 7, T.30S., R.27E); 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 Resolution No. 107-86 have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 88-91 on December 19, 1991, the Planning Commission recommended approval and adoption of Segment II 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 ORrGINAL 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, MARCH 25, 1992, on the above described Segment II 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 twenty- one (21) 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 CEQA have been given. 3. The proposed General Plan Amendment will not have a significant adverse effect on the environment. 4. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment. 5. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. 6. Dedication of a site for a water well in the vicinity of the existing park site (east of the golf course) is necessary to provide required water supply for fire protection and water service. 7. The remnant triangular piece adjacent to the east of the proposed park would be undevelopable for Low Density Residential use, and an OS-P designation should be extended to this remnant. 8. The remnant triangular piece is not fully usable for park and recreation facilities and will be in addition to the minimum 8 acre park. 9. The 8 foot high solid cell masonry wall is necessary to prohibit direct access and reduce potential conflicts between the high school and park. 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 ORIGINAL 2. The Negative Declaration for Segment II 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 II 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 north of White Lane and east of Old River Road (Section 7, T.30S, R.27E), subject to conditions of approval shown on Exhibit "A". 5. That Segment II, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-91. .......... 00o .......... ORIGINAL 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 MAR 2 5 1992 by the following vote: A~; ~OUN(~ILMEMS~6. ~ D~OND, SMITH, ~RUNNI, ~ETER$ON, McOERMOTT, ~LVA~10 NOES: COUNCILMEMbErS: N~ ABSTAIN: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 5 t992 MAYOR ef the City of Bakersfield APPROVED as to form: LAWRENCE M. LUN~'A~INI CITY ATI~ORNEY of the City of Bakersfield pit hrgpas2.cc 4 ORIGINAL EXHIBIT "A" CONDITIONS OF APPROVAL GPA 4-91, Segment II Prior to construction of the park site the subdivider/developer shall construct a minimum eight (8) foot high solid cell masonry wall, as measured from highest adjacent grade, along the common boundary of the high school and park. In addition, subdivider/developer shall construct a minimum six (6) foot high masonry wall between the park site and any adjacent residential lot. (Parks) No direct access shall be allowed between the high school and park. (Parks) The park shall be improved as neighborhood park by the subdivider/developer within one year of the time 25 percent of the residential acreage in Section 7 is recorded as a final subdivision map. Improvements shall include those referenced for neighborhood parks in the Parks Element of the Metropolitan Bakersfield 2010 General Plan. The approved park site shall be dedicated prior to recordation of the first final subdivision map within Section 7, subsequent to the approval of this GPA. (Planning) Prior to or concurrently with the recordation of a final subdivision map located east of the golf course in the Seven Oaks Development, subdivider/developer shall dedicate to the City a minimum 90' X 90' lot located in the general vicinity of the current park site (area to be change from OS-P to LR) for a water well. Specific location and lot configuration shall be approved by the City Water Resources Director. (Water Resources) ORIGINAL HR LR LR