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Home My WebLink AboutRES NO 77-91RESOLUTION NO. 7 7 - 9 1 A RESOLUTION MAKING FINDINGS AND APPROVING PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (CIRCULATION ELEMENT 1-91). WHEREAS, the Council of the City of Bakersfield referred a proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakers- field, in compliance with Section 65353 of the Government Code, held a public hearing on March 21, 1991, on the proposed amendment to the Circulation 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 ~_a_~o__rq~, a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan is as follows: The CITY OF BAKERSFIELD has applied to amend the the text of the Circulation Element of the Metropolitan Bakersfield 2010 General Plan as follows: Policy No. 28 - If no specific line has been adopted, future road reservations or other accommodations may be required to preserve freeway/expressway alignments as shown on the circulation map (I-21, 1-22). Policy No. 29 - Upon the adoption of a specific plan line for a freeway/expressway alignment, developers will be required to make reservations preserving the alignment of any subdivision map. In addition, development restrictions on general plan amendments, zone changes and the issuance of building permits will also be required (I-24). Implementation No. 1-24 - Delineate and adopt specific plan lines for all streets shown on the Circulation Plan Map as need becomes apparent; and WHEREAS, for the above-described amendment, the Planning Commission found that the project does not have the potential for causing a significant effect on the environment and under the California Environmental Quality Act "general rule" (Section 15061 State Administrative Code) is exempt from CEQA; and WHEREAS, these changes to the Circulation Element are necessary to provide a sound legal basis for the preservation and acquisition of freeway right-of-way; and WHEREAS, by Resolution No. 30-91 on March 21, 1991, the Planning Commission recommended approval and adoption of this amendment by this Council 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 compliance with Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, MAY 22, 1991, on the above- described proposed amendment to the Circulation Element, notice of time and place of the hearing having been given at least ten (10) calendar days before %he 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. Public necessity, convenience, general welfare and good planning practice justify the proposed amendment to Circulation Element. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secretary of the Planning Co~%mission to the City Council, is hereby received, accepted and approved. 4. The City Council hereby approves posed amendment to the Circulation Element of Bakersfield 2010 General Plan. and adopts the pro- the Metropolitan .......... o0o .......... - 2 - 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 on MAY 2 2 l§§l , by the following vote: AYES; COUNCILMEMBERS: EDWARDS, OeMOND, SMITH, BRUNNI, PETERSON, McDERMOTt, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLER an x 0 icio Cler of the Council of the City of Bakersfield APPROVED MAY 2 2 1991 MAYOR of the City of Bakersfield APPROVED as to form: CItY ATTOR~R¥ of the City of Bakersfield LML/meg G GPA 4 CIR.ELEM1 - 3 - STAFF REPORT PLANNING COMMISSION Meeting of March 21, 1991 AGENDA ITEM ~ 6.6 PROJECT: APPLICANT: LOCATION: General Plan Amendment 1-91, Circulation Element City of Bakersfield Metropolitan Bakersfield 2010 General Plan area PROJECT DESCRIPTION: Amendment to the Circulation Element to modify two policies and an implementation measure in the general plan text. Changes to Text: ~28 If no specific plan line has been adopted, future road reservations or other accommodations ~s may be required to preserve freeway/expressway alignments as shown on the circulation map (I-21, 1-22). %29 Upon the adoption of a specific plan line for a freeway /expressway alignment, developers will be required ~-make ~ee~-~e~ea~s-~-~he-s~a~a~s-~9-~h~s-p~a~ to make reservations preserving the alignment on any subdivision map. In addition, development restrictions on general plan amendments, zone changes and the issuance of building permits will also be required (I-24). 1-24 Delineate and adopt specific plan lines for all streets shown on the Circulation Plan Map as need becomes apparent. ~e~e-~-~e~ea~-~e~eme~-~-~he-s~J~s~ SUMMARY OF RECOMMENDED ACTION: Motion to adopt the resolution finding that required public notice has been given and the proposed amendments have no environmental impact and APPROVING General Plan Amendment 1-91 circulation Element consisting of amendments to policies #28,29 and implementation measure 1-24 of the Circulation Element. Staff Report, PL/C, 3/21/91 Page 2 General Plan Amendment 1-91, Circulation Element (continued) BACKGROUND: The existing policies and implementation measures were adopted in the Metropolitan Bakersfield 2010 General Plan. These policies were reflective of the manner in which both the County of Kern and the City of Bakersfield intended to provide freeways in the 2010 plan. Research to develop the necessary ordinances to implement the proposed Kern River Plan line have led staff to recommend this modification of the approach in implementing the proposed freeway system. This would be less of a burden on future development than existing policy would dictate. Staff still proposes that individual developments should be responsible for impacts generated by that development. However in considering the legal basis for carrying out the policy it has been found that the literal implementation of it could exceed the required balance of impacts against exactions. For that reason, the two draft "freeway ordinances" to be heard by the City Council April 10, 1991 only require reservations for freeway purposes within tracts, not the dedications of land. It is therefore necessary that two policies and one implementation measure of the Circulation Element be changed to maintain consistency and sound legal standing. ENVIRONMENTAL ANALYSIS: These changes merely reflect the current draft "freeway ordinances" which were analyzed in context with the Metropolitan Bakersfield 2010 General Plan Environmental Impact Report. The required Sections 15091 and 15093 (CEQA Guidelines) findings were adopted by the Planning Commission for the freeway ordinances February 7, 1991. PROJECT ANALYSIS: It is necessary for these modifications to the Circulation Element policy and implementation measures take place to provide consistency between general plan policy and the implementing ordinances. In addition, the policy changes clarify the responsibility of those developments subject to any adopted freeway specific plan line. The County of Kern will also bring these modifications before the Board of Supervisors for adoption in March 1991. Staff Report, PL/C, 2/21/91 Page 3 General Plan Amendment 1-91, Circulation Element (continued) PUBLIC CONTACT: The required public hearing notice was advertised in the local newspaper on March 1, 1991. As of February 27, 1991, staff had received several inquiries regarding the intent and purpose of the proposed modification. No opposition was expressed, all individuals were in favor upon clarification of the project. FINDINGS: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. Based upon staff's initial review of the project, it was determined that the proposed project could not possibly have any significant effect on the environment and the project is exempt from CEQA per Section 15061. RECOMMENDATION: Motion to adopt the resolution finding that required public notice has been given and the proposed amendments have no environmental impact and APPROVING General Plan Amendment 1-91 Circulation Element consisting of amendments to policies 928,29 and implementation measure 1-24 of the Circulation Element. c/cirele Minutes, P1/C, 3/21/91 10, GPA 1-91, SEGMENT VII & ZONE CHANGE 5148 (continued) Page 10 Traffic Engineer, Steve Walker referenced his memo dated February 28, 1991 indicating it has been the practice that when medians are required in an area like this to not necessarily tell them they will have access points, and wait until they have an actual plan that shows where an access would go. There was concern by staff because it was unknown the exact location of the most easterly drive and how that would effect access to the church and school property to the south. He further stated they do not want a left turn into the most westerly drive, so a median is required. He further commented that he was neutral whether there is needed a drive into the most easterly drive. After much discussion, motion was made by Commissioner Bjorn to con- tinue this hearing to the next meeting in that a couple of Commissioner's were unable to be present at this meeting. Motion was seconded by Commissioner Anthony, and carried. Commissioner Cohn voted i1. GENERAL PLAN AMENDMENT 1-91, CIRCULATION ELEMENT This amendment would modify two policies and an implementation measure in the general plan text with respect freeways. Public hearing was opened. There was no one present wishing to speak either in favor or opposition. Public hearing was closed. Motion was made by Commissioner Marino to adopt the resolution finding that required public notice has been given and the proposed amendments have no environmental impact and approving General Plan Amendment 1-91 Circulation Element consisting of amendments to policies #28, 29 and implementation measure 1-24 of the Circulation Element~ Motion was sec- onded by Commissioner Anthony, and carried by the following roll call vote: AYES: Commissioners Marino. Anthony, Bjorn, Cohn, Rosenlleb NOES: None ABSENT: Commissioners Anderson, Powers