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HomeMy WebLinkAboutRES NO 164-91RESOLUTION A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT VI 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 VI 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 VI 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 VI of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VI: MILAZZO ASSOCIATES, agent for Riverlakes Ranch/Unibell has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a changing GC (General Commercial) from 10 +/- acres to 15 +/- net acres along the west side of Coffee Road between Main Plaza Drive (proposed street name) and the Friant-Kern Canal; HMR (High Medium Density Residential) from 16 +/- acres to 15 +/- net acres along the southwest corner of Coffee Road and Hageman Road (extended); and HR (High Density Residential) from 17 +/- acres to 13 +/- net acres along the northwest corner of Coffee Road and Creekside Drive (proposed). 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. 49-91 on June 20, 1991, the Planning Commission recommended approval and adoption of Segment VI 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 VI 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 49-91, are true and correct. 3. The Negative Declaration for Segment VI 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. 2 8. The City Council hereby approves and adopts Segment VI 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 "~," attached hereto and incorporated as though fully set forth, for property generally located at the northwest corner of Coffee Road and Creekside Drive, subject to conditions of approval shown on "A" and mitigation measures in Exhibit "B". 9. That Segment VI, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-91. .......... o0o .......... 3 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 AM8 1 4 ~99~ by the following vote: AYES; COUNCILMEMBERS: EOWARDS./DeMOND, SMITH, BRUNNI, PETERSGN, McDERMOTT. SALVAGGIO NOES; COUNCILMEMBERS: A~SENT COUNCILMEMBERS: N~TAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU8 I 4 1991 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pjt a:ccr.s6 4 Exhibit "A" Conditions of Approval GPA 2-91, Segment VI Conditions of approval of General Plan Amendment 1-90, Segment III, Riverlakes Ranch/Unibell Specific Plan, Riverlakes Ranch/Unibell Specific Plan (Zone Change 5149) and Zone Change 5094 are applicable to subject sites either whole or in part. Construct a chainlink fence along the subject site canal interface. Said fence shall be constructed to standards specified by the Bureau of Reclamation, as shown on Exhibit Applicant shall "Provide a Consent Agreement from Pacific Gas and Electric prior to issuance of any permits for any devel- opment within any PG&E transmission line easement." Division of Oil and Gas The Division recommends that no structure or roadway be built over or in proximity (within 10') to these abandoned well locations. It may be necessary to uncover these wells and check for leakage. Any such operation shall be witnessed and approved by this office. The potential for future hydrocarbon exploration should be considered. Access should be maintained for future explora- tion and potential oil and gas development. Establishing open areas, such as drilling islands, is one method of allow- ing for potential exploratory drilling. This office must be notified if excavation or grading opera- tions uncover a previously unknown oil well. Remedial opera- tions may be required. Public Works In the event future development of the 8.7 acre site results in a desire or need for a signalized intersection at Downing Avenue and Coffee Road, the developer will be required to contribute a minimum of 1/4 of the signal cost. Such payment shall be made at the time of development of the commercial site. p/srs6ea EXHIBIT "B" Mitigation Measures GPA 2-91, Segment VI 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. Exhibit C GPA 2-91, SEGMENT VI RIVERLAKES RANCH/UNIBELL SPECIFIC PLAN AMENDMENT I ¢C LR ~'~ HblR FROM 16 AC. TO 15 .E~] HR FROM 17 TO 13 AC. I~"~ GC FROM 10 AC. TO 15 AC. LR ~. % OUVE DRIVE i.~R ~ OS..pi SR ,,, L~R / NT) LR ~, I C.,C t HAGEMAN ROAD _~ os-P t/,/ I r -- -- i~ -' _(;~iC_~_l ' I i- I st ) II'M~I~ I 'l~' I P I P1/C, 6/20/91 Page 11 13. MEA( PLAN AMENDMENT 2-91, SEGMENT V, ZONE UPON ANNEXATION #5168 & i ANNEXATION (SEQUOIA ENGINEERING) Motion was by Commissioner Powers to adopt the resolution making findings rth in the staff report, approving the Negative Declaration, mitigation listed in Exhibit B, and approving concur- rent zoning upon nexation request #5168, consisting of a change from County E(IO)RS Residential Suburban-minimum 10 acre parcel) to City R-1 (One Family 11ing) Zone, subject to conditions of approval listed in Exhibit A, same to City Council. Motion was seconded by Commissioner ~ner, and carried by the following roll call vote: AYES: Commissioners Marino messner, Powers, nderson, Bjorn, Cohn, NOES: None Motion was made by Commissioner Powers to ado~ resolution making find- ings set forth in the staff report, approving N~ative Declaration, with mitigation listed in Exhibit B, and approvin~,xMeacham No. 1 Annexation, and recommend same to the City Council.~Motion was sec- onded by Commissioner Messnet, and carried by the foldroll call vote: AYES: Commissioners Marino, Anderson, Bjorn, Cobh, ~ Messher, Powers, Rosenlieb NOES: None A 20-MINUTE BREAK WAS TAKEN. 14. GENERAL PLAN AMENDMENT 2-91, SEGMENT VI, ZONE CHANGE #5155 RIVERLAKES RANCH/UNIBELL SPECIFIC PLAN AMENDMENT (MILAZZO & ASSOCIATES, Agent for RIVERLAKES RANCH/UNIBELL) Commissioner Anderson declared a financial conflict of interest. His firm is providing services for the applicant. Existing Riverlakes Ranch/Unibell land use designations were approved by GPA 1-90, Segment III and Riverlakes Ranch/Unibell Specific Plan. The acreage and location of the land use designations were generalized. This amendment would change General Commercial from 10 +/- to 15 +/- net acres, High Medium Density Residential from 16 +/- to 15 +/- net acres and High Density Residential from 17 +/- to 13 +/- net acres with concurrent amendment to the Zoning Ordinance changing C-1 from 10 +/- to 17 +/- gross acres. Public hearing was opened. Mr. Michael Dhanens with Milazzo and Associates was present and amena- ble to the conditions listed in the staff report as well as to the memo dated June 14, 1991. There being no others wishing to speak, public hearing was closed. Minutes, P1/C, 6/20/91 Page 12 14. GENERAL PLAN AMENDMENT 2-91, SEGMENT VI, ZONE CHANGE #5158 RIVERLAKES RANCH/UNIBELL SPECIFIC PLAN AMENDMENT (MILAZZO & ASSOCIATES, Agent for RIVERLAKES RANCH/UNIBELL) Mr. Kloepper noted that on the memo of June t4, 1991, the acreage shows 8.7 and should be 6.7. Motion was made by Commissioner Messnet to adopt resolution making findings as set forth in staff report, approving the Negative Declaration with mitigation measure listed in Exhibit "B", and approv- ing changing GC (General Commercial) from 10 +/- to 15 +/- net acres, HMR (High Medium Density Residential) from 16 +/- to 15 +/- net acres and HR (High Density Residential) from 17 +/- to 13 +/- net acres sub- ject to the conditions of approval listed in Exhibit A with the follow- ing changes; Condition 3 shall begin, "On the commercial site; Add Condition 7 as referenced in Public Works Department memo dated June 14, 1991 with the change of 8.7 acres to 6.7 acres, and recommend same to 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 Motion to adopt resolution making findings as set forth in staff report, approving the Negative Declaration with mitigation measure listed in Exhibit "B", and approving the C-1 zone change request from lO to 17 +/- gross acres subject to the conditions of approval listed in Exhibit A with the previously mentioned modifications, and recommend same to the City Council. Motion was seconded by Commissioner Powers, and carried by the following roll call vote: AYES: Commissioners Bjorn, Cohn, Messnet, Powers, Rosenlieb, Frapwell NOES: None ABSTAINED: Commissioners Marino, Anderson 15. GE~KA_L PLAN AMENDMENT 2-91, SEGMENT VII, ZONE CHANGE #5166: CASTLE & COOKE D~OPMENT CORPORATION Commissioner ~nde~la~ed a financial conflict of interest. The subject site consists~..10.7 acres located at the southwest corner of Paseo Vista Boul~va/d and ~sta Canal. Applicants propose 37, single family .~.~ Public hearing was opened. ~.