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