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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.