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Home My WebLink AboutRES NO 166-91RESOLUTION NO. 166-91 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT VIII OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2- 91). WHEREAS, the Council of the City of Bakersfield referred Segment VIII of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan to the Planning Commission; and 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 20, 1991, on Segment VIII 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 ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment VIII of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VIII The CITY OF BAKERSFIELD has requested to amend the iLand Use Element of the Metropolitan Bakersfield 2010 General Plan from RR (Rural Residential) to SR (Suburban Residential) on approximately 46.5 acres and GC (General Commercial) on approximately 3.5 acres generally located east of Jewetta Avenue between Brimhall Road and Palm Avenue, within a portion of the southwest quarter of Section 30, Township 29 south, Range 27 east, located northeasterly of the intersection of Brimhall Road and Jewetta Avenue; 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 Resolution No. 107-86 have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 53-91 on June 20, 1991, the Planning Commission recommended approval and adoption of Segment VIII 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, AUGUST 14, 1991, on the above described Segment VIII 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 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. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as fellows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment VIII 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 8. The City Council hereby approves and adopts Segment VIII 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 east of Jewetta Avenue between Brimhall Road and Palm Avenue, subject to conditions of approval shown on Exhibit "A" and mitigation measures in Exhibit "B" 9. That Segment VIII approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-91 .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the C%ty of Ba~9~field at a regular meeting thereof held August 14, 1~91~ by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED August 14, 1991 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI~/~ CITY ATTORNEY of the City of Bakersfield pjt a:cc.gpa Attachments Exhibits A,B & C 4 Exhibit "A" Conditions of Approval General Plan Amendment 2-91, Segment VIII Approve three tiers of 10,000 square foot lots between Tract 5417 and the future commercial area. Require a public access be provided upon development between residential and commercial areas and linking the commercial parcels. Approve the general commercial area of approximately 9.9 acres (855 feet by 503 feet). Prior to further subdivision or development, the applicant shall either pay his proportionate share or enter into an agreement with the city and post approved security to guarantee his proportionate share of future traffic signals at the following intersections: Jewetta Avenue and Brimhall Road Jewetta Avenue and Palm Avenue Brimhall Road and Verdugo Lane The proportionate share shall be based on the impact from the potential increase in trip generation between the proposed zoning and the existing zoning. The applicant's proportionate share is as follows: Increase in trips = 3,502 3,502/12,800 (min. signal warrant) = 2.74 .274 x $120,000 (est. signal cost) = $33,000 Said agreement shall require that payment be made to the city upon demand at the time funds are required for signal construction. Alternatively, the applicant may submit a traffic study to the City Engineer for approval establishing traffic impacts resulting from the change in zoning and recommending appropriate mitigation measures. The cost of the mitigation measures shall be borne by the applicant. Exhibit "B" Mitigation Measures General Plan Amendment 2-91, Segment VIII An archaeological survey is required for the project area prior to site disturbance. The report is to be submitted to the California Archaeological Inventory at Cal State Bakersfield for review. Any measures of the report shall be completed prior to approval of any tentative tract. 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 Conservation 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. GENERAL PLAN AMENDMENT 2-91, SEGMENT VIII SR i SR r ....... ~-- SR '1"29S, R2~ :31 IT29S, R27£ I LR i OS-P ROAD