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.
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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
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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