Loading...
HomeMy WebLinkAboutRES NO 161-91RESOLUTION NO.'~ 6 1' 9 1 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT I 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 I 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 I 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 I of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:. SEGMENT I: JAMES C. LUNDY , ASU & Associates, agent for Sara Adler, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from HR (High Density Residential) to OC (Office Commercial) for a 41,000 +/- square foot site generally located along the west side of Oswell Street between Bernard Street and Pico Avenue. 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. 43-91 on June 20, 1991, the Planning Commission recommended approval and adoption of Segment I 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 I 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 43-91, are true and correct. 3. The Negative Declaration for Segment I 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 I 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 along the west side of Oswell Street between Bernard Street and Pico Avenue subject to conditions of approval shown on "A" and mitigation measures in Exhibit "B". 9. That Segment I, 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 t9~1 by the following vote: AYES: COUNCILMEMBERS: EDWARDS, DeMOND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS: ,/~'~/~' ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG ~- 4 199~ CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pjt a:cc.gpa EXHIBIT "A" Conditions of Approval GPA 2-91, Segment I Zone Change 5126 Prior to site development, applicant shall submit a comprehensive sign plan to the Planning Commission for approval. Building height shall be limited to two stories. Any second story windows overlooking residential use shall comply with the overlook policy. Overlook protection shall apply for the property to the west for present and future development. Provide landscaping to a minimum depth of 10 feet behind the sidewalk in order to approximately match landscaping depth to the multi-family dwellings south of the site. The perimeter of the rear yard shall be landscaped with large crown evergreen trees placed 30 feet on center to screen subject site, buildings and mechanical devices from view of residences to the south and west of the site. All lights indoor and outdoor shall be limited in mounting height and shielded to prohibit glare and the illumination upon adjacent properties and right-of-way. EXHIBIT "B" Mitigation Measures GPA 2-91, Segment I 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. a:rsl Exhibit C GENERAL PLAN AMENDMENT 2-91, SEGMENT I ~u~ ~OM HR~.~/~ ;'- ~ To oc ~/./.Z_/,"..... · r29s, R28E M~iinutes, P1/C, 6/20/91 Page 5 ENTATIVE TRACT 5494 (SEQUOIA ENGINEERING) missloner Marino declared a conflict of interest. His employer owns y in the area. Tentat~e tract is located on the southwest corner of Noriega Road and Verdugo~, and contains 120 lots on 40 acres, zoned A-20A. Public heari~as opened. - Mr. Bob Smith wib~Sequoia Engineering was present. There being no othe~shing to speak, public hearing was closed. Motion was made by Commi~xioner Powers to approve and adopt the Negative Declaration, to m~e all findings set forth in the staff report, and to approve propo~d Tentative Tract 5494 subject to the conditions outlined in Exhibit~ of the staff report, and include Public Works memo dated June 20,x~991 with the following changes; small "a" shall be a capital "A", and it~ 1 shall be changed to item 2, and "this" shall be change to "the" in t~ next word of the last sentence. Motion was seconded by Commissioner Me~er, and carried. 8. DRAFT HOUSING ELEMENT OF THE METROPOLITAN B~KERSFIELD 2010 GENERAL PLAN AND ASSOCIATED NEGATIVE DECLARATION~~ The staff report was waived. Public hearing was opened. There was no one present~to speak either in favor or opposition, public hearing was closed. Motion was made by Commissioner Anderson to adopt Resolub~on No. 34-91 making findings approving the Negative Declaration and approving the June 1991 Draft of the Housing Element and recommend same t~\the City Council for adoption. Motion was seconded by Commissioner PoUrs, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Bjorn, Cohn, Messher, Powers, Rosenlieb · NOES: None 9. GENERAL PLAN AMENDMENT 2-91, SEGMENT I: JAMES C. LUNDY, ASU & ASSOCIATES (agent for-SARA ADLER) Applicant requested amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan changing land use designa- tion from High Density Residential, greater than 17.42 and less than or equal to 72.6 dwelling units per net acre) to OC (Office Commercial) on 41,100 +/- square foot site, and concurrent amendment to the Bakersfield Zoning Ordinance changing the zoning district from Limited Multiple Family Dwelling, minimum lot area, 1,250 square feet per dwelling unit~ to Commercial and Professional Office) zone on a 41,100 square foot site located on the west side of Oswell Street between Bernard Street and Pico Avenue. Minutes, P1/C, 6/20/91 Page 6 9. GENERAL PLAN AMENDMENT 2-91, SEGMENT I & ZONE CHANGE #5126: JAMES C. LUNDY, ASU & ASSOCIATES (agent for SARA ADLER) Public hearing was opened. Mr. James Lundy representing Sara Adler indicated he was amenable to the conditions listed in the staff report. There being no one present to speak either in ~avor or opposition, pub- lic hearing was closed. Commissioner Cohn asked about a potential increase in traffic. Mr. Kloepper replied that it will be an increased traffic situation but not to the extent that will decrease the level of service. Commission was concerned as to the height of the building that will be built, and placing a condition as to preventing an overlook problem. Chairperson Rosenlieb reviewed with Mr. Lundy a list of conditions from a previous General Plan Amendment 2-89, Segment I. Mr. Hardisty suggested a continuance of this item to be heard later in the meeting so that copies could be made of the conditions relevant to this project and alllow Mr. Lundy some time to review the conditions. Motion was made by Commissioner Powers to continue this item to be heard just prior to item 4.A. Motion was seconded by Commissioner Marino, and carried. I~+,.~ENERAL PLAN AMENDMENT 2-91, SEGMENT III, ZONE UPON ANNEXATION #5169 & R~r~IA_NO. 1 ANNEXATION: (BATEY DEVELOPMENT) Commissione~rino declared a conflict of interest. His employer owns property in the '~ Applicant proposes a development of 220 +/- units of single family res- idential hom~ es on_73.79 acres,~th 54,500 square feet of neighborhood commercial on 6 15 ca res located~,~he southwest corner of Reina Road and Jewetta Avenue. ~ Public hearing was opened. ~ Mr. Brian Batey with-Batey Development was present~a~amenable to the conditions listed in the staff report and the Public Wo~ memo dated T e e being no others wishing to speak, public hearing was close~x.~ Commission indicated their concern for an increase in traffic if the ~ developer decides to build more units that originally stated. ~ Commission suggested adding a condition of putting a cap as to the num- ber of units to be built on this property. Minutes, P1/C, 6/20/91 Page 8 i~GENERAL PLAN AMENDMENTS 2-91, SEGMENT III, ZONE UPON ANNEXATION #5169, ~ REINA NO. 1 ANNEXATION - (BATEY DEVELOPMENT) (continued) Motion~as made by Commissioner Messnet to adopt resolution making findings,~,~ set forth in the staff report and approving Negative Declaration,~th mitigation listed in Exhibit B with the following change; single I~ily residential units shall be limited to 220 plus 5 percent and approv~i~g Reina No. 1 Annexation, and incorporating the Public Works memo ds~ June 19, 199 memo, and recommend same to the City Council. Motion w~seconded by Commissioner Powers, and carried by the following roll cal~: AYES: Commissioners Ander~, Bjorn, Messher, Powers, Rosenlieb, Frapwell ~ NOES: Commissioner Cohn ~ ABSTAINED: Commissioner Marino ~ 11. GENERAL PLAN AMENDMENT 2-91, SEGMENT IV, ZONE UPONX-A,NNEXATION #5165, AND NORIEGA NO. 1 ANNEXATION (CORNERSTONE ENGINEERING~ ii~ii~P~ila~e~i~ii~ested a continuance to the next GPm~ycle~ permit the completion of the required environmental document.~.. Motion was made by Commissioner Anderson to continue this item to the next GPA cycle. Motion was seconded by Commissioner Messnet, and carried. 12. GENERAL PLAN AMENDMENT 2-91, SEGMENT I & ZONE CHANGE #5126: JAMES C. LUNDY, ASU & ASSOCIATES (agent for SARA ADLER) This item was continued from an earlier hearing on tonights agenda. Chairperson Rosenlieb asked Mr. Lundy for comments regarding the condi- tions. Mr. Lundy asked why Condition 3 was imposed on the development. Mr. Hardisty replied that was to provide continuity in the streetscape and give it something of a less intrusive presence on Oswell. Mr. Lundy indicated his concern with limitations on access to the project because there may be s looping situation around the building for circulation along with parking, an additional setback might adversely affect the development, and the station to the north has pav- ing right up to the sidewalk. Items 2 and 4 are agreeable as amended with the buffer on the west side. Minutes, P1/C, 6/20/91 Page 9 12. GENERAL PLAN AMENDMENT 2-91, SEGMENT I & ZONE CHANGE #5126: JAMES C. LUNDY, ASU & ASSOCIATES (agent for SARA ADLER) Commissioner Powers asked about additional findings in order to insert the three conditions. Mr. Hardisty replied they would be added as conditions of approval and those conditions would simply reinforce the findings that the land use approval is compatible with the adjacent land uses and consistent with good planning. When asked by Commissioner Powers as to the requirement of a typical landscape setback, Mr. Hardisty replied that none is required, but the landscaping effect could be fairly well done in a 10-foot strip. Commissioner Cohn indicated his concern with setback in the landscape requirement on the west side. Mr. Hardisty replied that the minimum requirement setback in a C-O zone is 20 feet on the rear yard. It is also consistent with the Fire Department setback for fire access. When asked by Chairperson Rosenlieb that item 5 may be incorporated, Mr. Lundy replied he was amenable. There being no others wishing to speak, public hearing was closed. Motion was made by Commissioner Powers to adopt resolution making find- ings as set forth in the staff report, approving the Negative Declaration with mitigation measures listed in Exhibit "B", and approv- ing the requested HR (High Density Residential) to OC (Office Commercial) subject to the conditions of approval listed in Exhibit "A", with the addition of the following conditions, and recommend same to the City Council: Building height shall be limited to two stories. Any second story windows overlooking residential use shall comply with the overlook policy. Overlook protection shall apply for the property to the west for present and future development. Provide landscaping to a minimum depth of 10 feet behind the sidewalk in order to approximately match landscaping depth to the multi-family dwellings south of the site. The perimeter of the rear yard shall be landscaped with large crown evergreen trees placed 30 feet on center to screen subject site, buildings and mechanical devices from view of residences to the south and west of the site. All lights indoor and outdoor shall be limited in mounting height and shielded to prohibit glare and the illumination upon adjacent properties and right-of-way. Minutes, P1/C, 6/20/91 Page 10 12. GENERAL PLAN AMENDMENT 2-91, SEGMENT I & ZONE CHANGE #5126: JAMES C. LUNDY, ASU & ASSOCIATES (agent for SARA ADLER) (continued) Motion was seconded by Commissioner Messner, and carried by the follow- ing roll call vote: AYES: Commissioners Marino, Anderson, Bjorn, Messner, Powers, Rosenlieb NOES: Commissioner Cohn Motion was made by Commissioner Powers to adopt resolution making find- ings as set forth in the staff report, approving the Negative Declaration with mitigation measures listed in Exhibit "B" and approv- ing the R-3-D to OC zone change subject to the conditions of approval listed in Exhibit "A", and recommend same to the City Council with the changes previously referenced in the prior motion. Motion was seconded by Commissioner Messner, and carried by the following roll call vote: AYES: Commissioners Marino, Anderson, Bjorn, Messner, Powers, Rosenlieb NOES: Commissioner Cohn '~3. GENERAL PLAN AMENDMENT 2-91, SEGMENT V, ZONE UPON ANNEXATION #5168 & ACHAM NO. 1 ANNEXATION (SEQUOIA ENGINEERING) ApPlicant proposes a development of 71 units of single family residen- tial bs~es on the 20.46 acre site located at the northwest corner of Calloway~ve and Meacham Road. Applicant is also requesting concur- rent zoning~on annexation from County Estate-Residential Suburban- minimum 10 acr~,,to City R-1 along with annexation of 20.46 acres to the City. Public hearing was open~. Mr. Bob Smith with Sequoia E~,~eering was present and amenable to the conditions listed in tb~ ~t. aff ~ There being no others isw hi gn to speaR~tber in favor or opposition, public hearing was ~11_o_s~ Motion was made by C mmiss~o loner P_o~wers to adopt'~e resolution making findings as set forth 'n th s~. aff report, approvz~'~the Negative Declaration, with m~ti tin lis~ ga ote in Exd hibit B, and~-~proving GPA 2-91, Segment V, co 'stin f~ am~~ ~ n tn .d n~o~t~ pe ~La~n.d~,t~e ~Element from SR (Suburban R~ 'd t' 1) t LR (~~ e o~ eD sityn Resident~a~) on 20.46 acres, subject to cu~nditions of approval listed in Exhibit A~he staff report, and r~.commend same to the City Council. Motion was,~ec- onded by Commissioner Messner, and carried by the following roll ca~ vote AYES: MCeO%%in%%i,O%%wr%rMsa, r~%%,en~.de%rSon, Bjorn, Cohn, NOES: None