HomeMy WebLinkAboutRES NO 165-91aESOLUT~ON NO. ! 6 5 ' g ~.
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND APPROVING SEGMENT
VII OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-
WHEREAS, the Council of the City of Bakersfield
referred Segment VII 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 June 20, 1991,
on Segment VII 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 VII of the proposed amendment
the Land Use Element of Metropolitan Bakersfield 2010 General
Plan is as follows:
to
SEGMENT VII:
CASTLE & COOKE DEVELOPMENT CORPORATION has
applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan
consisting of a change from HMR (High Medium
Density Residential) to LR (Low Density
Residential) for a 10.7 +/- acre site located
along the northwest corner of the Buena Vista
Canal and Paseo Vista Boulevard.
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 duly
followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 51-91 on June 20, 1991, the
Planning Commission recommended approval and adoption of Segment
VII 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 VII 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.
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 findings of the Planning Commission, set forth
in Resolution 51-91, are true and correct.
3. The Negative Declaration for Segment VII is hereby
approved and adopted.
4. 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.
5. The proposed General Plan Amendment would not have
a significant adverse effect on the environment.
6. Public necessity, convenience, general welfare and
good planning practices justify the proposed General Plan
Amendment.
7. The proposed General Plan Amendment will be
compatible with future development in surrounding areas and
development on the project area.
8. The City Council hereby approves and adopts Segment
VII 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 at the northwest corner of Buena Vista Canal and Paseo
Vista Blvd., subject to conditions of approval shown on "A" and
mitigation measures in Exhibit "B"
9. That Segment VII 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 City of Bakersfield at a
regular meeting thereof held AUS 1 4 199! by
the following vote:
AVES; COUNCILMEMBERS: EDWARDS, OeMOND, 8MITH, BR~NNI, I~TENI~IBN, M~DE~MIB~, i~ALVA§~I
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG ~. 4 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
pjt
a:ccr.s7
EXHIBIT "A"
Conditions of Approval
GPA 2-91, Segment VII
Conditions of approval of General Plan Amendment 4-90,
Segment IV and Zone Change 5028 are applicable to subject
site either whole or in part.
p/srs7ea
EXHIBIT "B"
Mitigation Measure
GPA 2-91, Segment VII
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 meas-
ures are necessary to prevent unauthorized take of foxes and
to offset any losses to kit fox habitat resulting from on-
going construction activities.
p/srs7eb
Exhibit C
GPA 2-91, SEGMENT ¥11
AND EXISTING LAND
OC
P
/ GC ~
t ~, (~CANT)
R.-IA
· r'5os, R26E T50S, P,27E
Minutes, P1/C, 6/20/91
Page 12
14.
PLAN AMENDMENT 2-91, SEGMENT VI, ZONE CHANGE #5158 RIVERLAKES
SPECIFIC PLAN AMENDMENT (MILAZZO & ASSOCIATES, Agent for
RANCH/UNIBELL)
Mr. Kloe
8.7 and
noted that on the memo of June 14, 1991, the acreage shows
be 6.7.
Motion was made Commissioner Messner to adopt resolution making
findings as set in staff report, approving the Negative
Declaration with miti ~lon measure listed in Exhibit "B", and approv-
ing changing GC ( ) from 10 +/- to 15 +/- net acres,
HMR (High Medium idential) from 16 +/- to 15 +/- net acres
and HR (High Density ) from 17 +/- to 13 +/- net acres sub-
ject to the conditions of listed in Exhibit A with the follow-
ing changes; Condition 3 shall ~, "On the commercial site; Add
condition 7 as referenced in Publ irks Department memo dated June 14,
1991 with the change of 8.7 acres to acres, and recommend same to
City Council. Motion was seconded by ~issioner Powers, and carried
by the following rnll call vote:
AYES: Commissioners Bjorn, Cohn,
Rosenlieb, Frapwell
Powers,
NOES: None
ABSTAINED: Commissioners Marino, Anderson
Motion to adopt resolution making findings as set forth in st~f
report, approving the Negative Declaration with mitigation mea~re
listed in Exhibit "B", and approving the C-1 zone change requestX~rom
10 to 17 +/- gross acres subject to the conditions of approval lis]ked
in Exhibit A with the previously mentioned modifications, and recom~nd
same to the City Council. Motion was seconded by Commissioner Powers,~
and carried by the following roll call vote: ~
AYES: Commissioners Bjorn, Cohn, Messner, Powers, '
Rosenlieb, Frapwell \~
NOES: None ~',
ABSTAINED: Commissioners Marino, Anderson
15. GENERAL PLAN AMENDMENT 2-91, SEGMENT VII, ZONE CHANGE #5166: CASTLE &
COOKE DEVELOPMENT CORPORATION
Commissioner Anderson declared a financial conflict of interest.
The subject site consists of 10.7 acres located at the southwest corner
of Paseo Vista Boulevard and Buena Vista Canal.
Applicants propose 37, single family lots.
Public hearing was opened.
Minutes, P1/C, 6/20/91 Page 13
15. GENERAL PLAN AMENDMENT 2-91, SEGMENT VII, ZONE CHANGE #5166: CASTLE &
COOKE DEVELOPMENT CORPORATION (continued)
Ms. Becky Ullman with Castle & Cooke Development Corporation and
Roger Mcintosh with Martin-Mcintosh Engineering were present and amena-
ble to the conditions listed in the staff report.
Public hearing was closed.
Motion was made by Commissioner Marino to adopt resolution making find-
ings as set forth in the staff report, approving the Negative
Declaration with mitigation measure listed in Exhibit "B", and approv-
ing the requested High Medium Density Residential to Low Density
Residential, subject to the conditions of approval listed in Exhibit
"A", and recommend same to the City Council. Motion was seconded by
Commissioner Powers, and carried by the following roll call vote:
AYES: Commissioners Marino, Bjorn, Cohn, Messher,
Powers, Rosenlieb, Frapwell
NOES: None
Motion was made by Commissioner Marino to adopt resolution making find-
ings as set forth In the staff report, approving the Negative
Declaration with m~tigation measure listed in Exhibit "B", snd approv-
ing the requested R-2 to R-1 zone change subject to the conditions of
approval listed in Exhibit "A", and recommend same to the City Council.
Motion was seconded by Commissioner Powers, and carried by the follow-
ing roll call vote:
AYES: Commissioner Marino, Bjorn, Cohn, Messher,
Powers, Rosenlieb, Frapwell
NOES: None
16. G~N~R~L PLAN AMENDMENT 2-91, SEGMENT VIII, ZONE UPON ANNEXATION #5131,
AND BR~#1 ANNEXATION
Amendment to ~.~Land Use Element of the Metropolitan Bakersfield 2010
General Plan chan~4j~g the land use designation from RR to SR on approx-
imately 46._5 acres antic on approximately 3.5 acres generally located
eaSt of 3ewetta Avenue, ~ Brimhall Road and Palm Avenue.
Pub,c ~hearing w~s opened. ~
Mr C rla Moreland wi~ Th elstar Engineek~i~g handed the Commission copies
of an assessor's map showing the two subje~e~parcels and requested they
be allowed to avh e the left and middle part i~.~j1 which would be con-
siStent an mad tch bt e ap rp oved. . .. . _ . Tr cta 541. 7 _except~ east 330 feet.
There binge no others wishing to s~k, ublip p hc ear'lng w~losed.