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HomeMy WebLinkAboutRES NO 163-91RESOLUTION NO. ~ 6 ~ - 9 ~ A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT V OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENE]~AL PLAN (LAND USE ELEMENT AMENDMENT 2-91). WHEREAS, the Council of the City of Bakersfield referred Segment V 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 V 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 V of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V: SEQUOIA ENGINEERING has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from SR (Suburban Residential) to LR (Low Density Residential) on 20.46 acres for that site generally located at the northwest corner of Calloway Drive and Meacham Road; 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 2 WHEREAS, by Resolution No. 47-91 on June 20, 1991, the Planning Commission recommended approval and adoption of Segment V 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 V 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 47-91, are true and correct. 3. The Negative Declaration for Segment V 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. 3 8. The City Council hereby approves and adopts Segment V 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 Calloway Drive and Meacham Road, subject to conditions of approval shown on "A" and mitigation measures in Exhibit "B". 9. That Segment V, 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 AU8 1 4 199~ by the following vote: AYES; COUNCILMEMBERS: EDWARDS DeMOND, SMITH, BRUNNI, P~TERSON, McDERMOTi', SALVAGGIO NOES; COUNCILMEMBERS: A~SENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AU6 3. 4 1991 ~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield pjt a:cc:s5 EXHIBIT "A" CONDITIONS OF APPROVAL 1. NO more than 71 single family residential lots shall be allowed on final subdivision maps for the 20.46 acre site. 2. Prior to further subdivision or development, the developer shall enter into an agreement with the City and post approved security to guarantee his proportionate share of future signals in the project area impacted from the potential increase in trip generation between the proposed land use and the existing land use. The signals and the developer's proportionate share are as follows: Calloway Drive at Meacham Road TOTAL $4,700.00 $4,700.00 (3.9% of $120,000) Said agreement shall require that payment be made to the upon demand at the time funds are required for signal construction. City 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. 3. With the first subdivision/development within the project area, the subdivider shall construct the full half width (including construction of, or payment for, one-half of a landscaped median island) of the west side of Calloway Drive between the north boundary of the project and Meacham Road and Meacham Road between the west boundary of the project and Calloway Drive. 4. Gravity sewer service is available in Quicksilver Avenue to the north, Riverlakes Ranch Drive to the east, and Calloway Drive to the south. The project shall be served by a gravity sewer system unless such a system is deemed to be unfeasible by the Director of Public Works. EXHIBIT "B" MITIGATION MEASURES In order to mitigate the impacts of any natural to urban land conversion 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 loses to kit fox habitat resulting from on-going construction activities. 2. An archeological survey of the property must be performed prior to approval of Tentative Tract Maps. Any mitigation recommended in the Archeological Survey should be incorporated into conditions on the final subdivision map approval. ms:gpa2915f.stf Exhibit C GPA 2:-9_1 SEGMENT V AND EXISTING LAND USES AII ~ WAY~ sR m~ Ii I I ~ i~ ~~,'~ ~; C- ~ -.- .......:.:. :.:.:........---..:.:.:.:.:.:.:. :.:.:..... ~ [.~ ~:~:~:~:~:: :::::::::::::::::::::::::::::::"?' ~' ~ .'.'.' -..:.'.'.'.'.'.'.'.'.'.'.'.'.:.:. .'.'.':-.'.-~~.. ... .: SR ~= :::::'"'" ::::::::::::::::::::::::" 0 4~0 I SCN. E IN rr.~ [ Minutes~/91 12. GENERAL PLAN LUNDY, ASU & 2-91, S~WT I & ZONE CHANGE #5126: (agent for SARA ADLER) (continued) Page 10 JAMES C. Motion was seconded by ing roll call vote: Messher, and carried by the follow- AYES: C~mmissioners ~arino powers, Rosenlieb , Bjorn, Messner, NOES: Co~uissioner Cohn Motion was mde by Commissioner Powers to making find- ings as set forth in the staff report, Negative Declaration with mitigation measures listed in "B" and approv- ing the R-3-D to 0C zone change subject to the of approval listed in Exhibit "A", and recommend same to the City 1 with the changes previously referenced in the prior motion. Motion seconded by Commissioner Messher, and carried by the following roll AYES: Co~nissioners Marino, Anderson, Bjorn, Messner, Powers, Rosenlieb NOES: Co~mnissioner Cohn 13. GENERAL PLAN AMENDMENT 2-91, ~ V, ZONE UPON ANNEXATION #5168 & MEACHAM NO. 1 Ah%~D(ATION (SEQUOIA Applicant proposes a development of 71 units of single family residen- tial hemes on the 20.46 acre site located at the northwest corner of Calloway Drive and Meacham Road. Applicant is also requesting concur- rent zoning upon annexation from County Estate-Residential Suburban- minimum 10 acres to City R-1 along with annexation of 20.46 acres to the City. Public hearing was opened. Mr. Bob Smith with Sequoia Engineering was present and amenable to the conditions listed in the staff report. There being no others wishing to speak either in favor or opposition, public hearing was closed. Motion was made by C~missioner Powers to adopt the resolution making findings as set forth in the staff report, approving the Negative Declaration, with mitigation listed in Exhibit B, and approving GPA 2-91, Segment V, consisting of an amendment to the Land Use Element from SR (suburban Residential) to LR (Low Density Residential) on 20.46 acres, subject to conditions of approval listed in Exhibit A of the staff report, and rec(xa~end same to the City Council. Motion was sec- onded by Cc~nissioner Messner, and carried by the following roll call vote: AYES: C~wmissioners Marino, Anderson, Bjorn, Cohn, Messner, Powers, Rosenlieb NOES: None Minutes, P1/C, 6/20/91 Page 11 13. Gf~gERAL PLAN AM~D~T 2-91, SfF_4~T V, ZOnE UPON ANNEXATION-%5168 & MEACHAMNO. 1 ANNEXATION (SEQUOIA f~GIN~.RRING) Motion was made Dy ~ssioner Powers to adopt the resolution making findings set forth in the staff report, approving the Negative Declaration, wi~h mitigation listed in Exhibit B, and approving concur- rent zoning upon annexation request #5168, consisting of a change from County E(10)RS (Estate Residential Suburban-minimum 10 acre parcel) to city R-1 (One Family Dwelling) Zone, subject to conditions of approval listed in Exhibit A, and rec~mnend same to City Council. Motion was seconded by Ccamlissioner Messher, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Bjorn, Cohn, Messner, Powers, Rosenlieb Motion was made by Coamissioner Powers to adopt resolution making find- ings set forth in the staff report, approving Negative Declaration, with mitigation listed in Exhibit B, and approving Meacham No. 1 Annexation, and reccam~_nd same to the City Council. Motion was sec- onded by CcmmLissioner Messner, and carried by the following roll call vote: AYES: C~ssioners Marino, Anderson, Bjorn, Cohn, Messnet, Powers, Rosenlieb GENERALA 20-MINUTE BREAK ~AS TAKEN. PlAN AMENDMenT 2-91, S~GMENT VI, ZONE (~JR~GE 95158 RIVERLAKES __ SPMCIFIC PLAN AM51~DMENT (MILAZZO & ASSOCIATES, Agent for firm is declared a financial conflict of interest. His services for the applicant. Existing Riverlakes land use designations wore approved by GPA 1-90, Segment III Riverlakes Ranch/Unibell Specific Plan. The acreage and location of land use designations were generalized. This amendment would change fr~n 10 +/- to 15 +/- net acres, High Medium Density from 16 +/- to 15 +/- net acres and High Density Residential to 13 +/- net acres with concurrent amendment to the Zoning C-1 from10 +/- to 17 +/- gross acres. Public hearing was opened. Mr. Michael Dhanens with Milazzo and Associates was present ble to the conditions listed in the staff report as well as to dated June 14, 1991. There being no others wishing to speak, public hearing was closed.