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Home My WebLink AboutRES NO 219-91RESOLUTION NO. 219-91 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 3-91). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code, iheld a public hearing on SEPTEMBER 19, 1991 and OCTOBER 17, 1991 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: City of Bakersfield has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from OS-P (Parks and Recreation Facilities) to LR (Low Density Residential) on 12.9 +/- acres and PS (Public and Private Schools) to OS-P on 14.17 acres generally located between Pacheco Road and Panama Lane, and Gosford Road and Ashe Road, commonly known as the Silver Creek Development. The amendment would consolidate three small parks into one enhanced neighborhood park (Ward 6). 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. 75-91 on October 17, 1991, 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 developer has proposed to construct park amenities listed in Exhibit "B"; 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 6, 1991, 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 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 as conditioned will be compatible with existing and future development in surrounding areas and the project area. 6. In accordance with Bakersfield Municipal Code Section 15.80.150, development of the 14.17-acre enhanced neighborhood park site by the subdivider in accordance with an improvement agreement (or similar instrument) approved by the City Council, and list of amenities in attached Exhibit "B" and Wilderness Park shall satisfy the park land requirement for the Silver Creek Development, based on an estimated population of 6,548 single family residents and 1,770 multi-family residents. 2 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 "C," attached hereto and incorporated as though fully set forth, for property generally located between Gosford Road and Ashe Road, north of Panama Lane commonly known as the Silver Creek Development, subject to conditions of approval shown on "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 3-91. 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by I'10¥ - 6 1991 by the following vote: AYES: COUNCILMEMBERS: EDWARDS. DeMONO, SMITH BRUNNI, PETERSON, McDERMOTt', SALVAGGIO NOES; COUNCILMEMBERS ABSENT COUNCILMEMBERS; .~,~,~- ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV - 6 199) CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARD~aNI CITY ATTORNEY of the City of Bakersfield pjt Attachments: a:ccgpa.s5 Exhibit "A" Exhibit "B" Exhibit "C" 4 EXHIBIT "A" GPA 3-91, SEGMENT V Conditions of Approval Development of the 14.17-acre enhanced neighborhood park by the subdivider in accordance with an approved improvement agreement (or similar instrument) which includes amenities listed in Exhibit "B", shall meet the park land acreage requirement for the Silver Creek Development based on 6,548 single family residents (2,200 DU) and 1,770 multi-family residents (831 DU). No subdivision map shall be approved on the three sites to be changed from OS- P to LR, as depicted on Exhibit "C", until the improvement agreement (or similar instrument) between the City of Bakersfield and the subdivider which addresses park development (including scheduling) has been executed. Construction of the 14.17-acre park site shall be completed within 24 months of City Council adoption of this general plan amendment. Maintenance costs for the swimming pool and pavilion shall be paid from the general fund, metro or city-wide park maintenance district as approved by the City Council. Funding for recreation programming at said park shall be from the general fund, metro or city-wide park district or other recreation service providers as approved by the City Council. The city, in coordination with the developer, shall actively pursue a joint use agreement with the school district for the purpose of providing additional facilities and open space not otherwise available for park users. a:pc EXHIBIT B SILVER CREEK NEIGHBORHOOD PARK FROPOSSD AMENITII/S GPA ~-91, $1iGMB~I' swim EXHIBIT C GENERAL PLAN AMENDMENT 3-91, SEGMENT V CITY 5'OUTHEWN R4CF'/C ,r~41LRO,4D I I I I I I I I I I I I I I I LR IIIII LI I I I I I I I I LI SI LR \ PANAMA l l/I T30S, R~E .;]~' FROM OS-P 'R3 LR ,,,,, LR ROAD 21 \ PS \ / I LA~ c~ LR I-- / /,~/ HldR GO .~)ROM PS OS-P LR FROM O$-P ; TO LR mHR LR = LOW DENSITY RESIDENTIAL OS-.P = OPEN SPACE PARK PS = PUBLIC SCHOOL