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.
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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 ..........
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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
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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. ~.