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HomeMy WebLinkAboutRES NO 189-89RESOLUTION NO. 189-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION, DENYING REQUEST TO AMEND REQUIRED REAR YARD SETBACKS FOR R-1 LOTS TO FIVE FEET, AND APPROVING REMAINING PORTIONS OF THE AMENDMENTS TO THE RANCHO LABORDE SPECIFIC PLAN. WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65351 of the Government Code, held a public hearing on September 21, 1989, on the proposed amendment to the Rancho Laborde Specific Plan Land Use Designations and associated negative declaration, 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, DEWALT-PORTER ENGINEERING requests an amendment to the Rancho Laborde Specific Plan Land Use Designations; and WHEREAS, such proposed amendments to the Rancho Laborde Specific Plan Land Use Designations, the boundaries of which properties are sho~n on the map attached hereto as Exhibit "A" and made a part hereof, are described as follows: DEWALT-PORTER ENGINEERING has requested to amend the Rancho Laborde Specific Plan (Land Use Plan) from Medium Density Residential (MDR) Single Family Estate (SFE)to Medium Density Residential (MDR) Single Family Detached (SFD), from Commercial (Church) to MDR SFD, from Commercial Neighborhood Retail to MDR SFD, from Multiple Family Apartments to MDR SFE.,from MDR SFD to Multiple Family Apartments, and from MDR SFD to Multiple Family/Single Family Attached on 141.4 acres located within the Rancho Laborde Specific Plan, generally north of Rosedale Highway, south of Norris Road, east of Calloway Drive and west of Fruitvale Avenue; DEWALT-PORTER ENGINEERING has also requested to amend the Rancho Laborde Specific Plan tei~t to amend the title and other internal references of the Plan from "Laborde Specific Plan" to "Riverlakes Ranch Specific Plan" and the proposal to amend the name of "Rancho Laborde Drive" to "Riverlakes Ranch Drive"; DEWALT-PORTER ENGINEERING has requested to also revise the Rancho Laborde Specific Plan text, Zoning Ordinance Requirements ~1, page 40 related to Residential Building Setbacks from "Locate buildings and parking areas according to the City of Bakersfield Zoning Ordinance requirements except that the following standards of this plan which are more restrictive to the zoning ordinance shall apply" to "Locate buildings and parking areas according to the City of Bakersfield Zoning Ordinance requirements, except that the following standards of this plan which are more restrictive than the Zoning Ordinance shall apply to all those areas lying north of Hageman Road, west of Coffee Road and east of Calloway Road, and the area lying northeasterly of the Friant- Kern Canal, south of Norris Road, south of Hageman Road and west of Coffee Road". This request includes amending the Rancho Laborde Specific Plan text to reduce for R-1 lots east of Coffee Road and west of Fruitvale Avenue, and for R-1 lots west of the Friant-Kern Canal and south of FIageman Road (Map 4, page 6, staff report), the required rear yard set-backs from twenty-five to five feet, and reduce the corner side yard set-backs from fifteen to ten feet; STAFF is ~roposing to add language to the Specific Plan document to protect the grove of Eucalyptus trees located in the northeast corner of Fruitvale Avenue and Weldon Avenue; and WHEREAS, by Resolution No. 38-89 on September 21, 1989, the Planning Commission recommended approval and adoption of pro- posed amendment to the Rancho Laborde Specific Plan by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, for the above described specific plan amendment, an Initial Study was conducted and it was determined that the proposed project would not have a significant adverse effect on the envi~'onment; and WHEREAS, the rules and regulations relating to the preparation and adoption of Environmental Impact Reports as set forth in the California Environmental Quality Act (CEQA) and City ot Bakersfield Resolution 107-86 have been duly followed by the City staff and Planning Commission. - 2 - NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. All of the foregoing recitals are hereby found to be true and correct. 2. On October 16, 1985, the City Council of the City of Bakersfield approved a Negative Declaration for the entire Rancho Laborde Specific Plan area (SCH#85081901). This document is incorporated by reference into the Initial Study and is deemed sufficient to cover the proposed project. Based on an initial study, staff determined the amendments to the Rancho Laborde Specific Plan would not have a significant adverse effect on the environment because additions, revisions, and conditions of approval in the project description and/or mitigation made by or agreed to by the applicant would avoid or lessen the effects to a point where no significant impacts would occur. A Negative Declaration was advertised and posted August 17, 1989, and is hereby approved and adopted. 3. The proposed specific with the goals and policies of the General Plan. ~lan amendment is consistent Bakersfield Metropolitan Area 4. As to the portion of the proposed amendment to the Land Use Plan of the Rancho Laborde Specific Plan, constituting a change from Medium Density Residential (MDR) Single Family Estate (SFE) to Medium Density Residential (MDR) Single Family Detached ($FD), from Commercial (Church) to MDR SFD, from Commercial Neighborhood Retail to MDR SFD, from Multiple Family Apartments to MDR SFD, from MDR SFD to Multiple Family Apartments, and from MDR $FD to Multiple Family/Single Family Attached on 141.4 acres located within the Rancho Laborde Specific Plan, generally north of Rosedale Highway, south of Norris Road, east of Calloway Drive and west of Fruitvale Avenue, approval is recommended subject to the following conditions of approval: a. Future development of the site shall be subject to site ~lan review policies, ordinance and development standards. Direct vehicular access to residential corner lots within the entire Specific Plan area shall be limited to lot frontages with 15 feet or greater of side yard setback from property line to fence or building. Direct vehicle access is prohibited on sides o~ corner residential lots with setbacks of less than 15 feet. - 3 - The setback restrictions for sight visi- bility as stated in Section 17.08.175 of the City Municipal Code shall remain in effect for all residential corner side setbacks (i.e. 10 feet). d o Upon approval of the Street Name Change from Rancho Laborde Drive to Riverlakes Ranch Drive, and prior to recordation of any additional maps or plans with the Riverlakes Ranch Drive designation, the applicant must effect a street name change on all recorded maps and approved plans. 5. As to the portion of proposed amendment to the design standards o~i the Specific Plan, constituting a change to reduce the required rear yard setbacks to five feet for R-1 lots east of Coffee Road and west of Fruitvale Avenue, and for R-1 lots west of the Friant-Kern Canal and south of Hageman Road, such proposed amendment is ~enied; however, the following amend- ment is approved a~ to all R-1 lots within the Specific Plan area: Rear yard setback for the main structure in single family and patio home developments shall be a minimum of 25 feet.. This may be reduced to 15 feet provided no more than 20 percent required rear yard area is covered by' buildings or structures. Diagrams on ~ages 50 and 51 of the document shall be amended to illustrate this amendment. 6. As to a portion of proposed amendment to the text of the S~ecific Plan, constituting a change to reduce the required corner side-yard setbacks to ten feet for R-1 lots east of Coffee Road and west of Fruitvale Avenue, and for R-1 lots west of the Friant-Kern Canal and south of Hageman Road, approval of the following amendment to affect all R-1 lots within the Specific Plan area is recommended: Corner side-yard setbacks on R-1 lots shall be 15 feet on side-yards with direct vehicular access, and ten feet on corner side-yards without direct vehicular access. Direct vehicular access is pro- hibited on sides of corner residential lots with setbacks of less than 15 feet. Typical 6,000 Single Family Lots and Patio Home Development design diagrams (between page 50 and 51, Specific ~'lan) shall be amended to show "10' min. Corner Ya[d Setbacks to Fence or Property Line Where 'Direct Vehicle Access is Not Proposed." - 4 - New text is recommended to be added on page 50 (Residential Design Standards) to read: "l.a. Setbacks on R-1 lots shall be 25 feet from rear property line, 15 feet from side property line on corner side-yards with direct vehicular access, and 10 feet on corner side-yards without direct vehicular access. Direct vehicle access is prohibited on sides of corner residential lots with setbacks of less than 15 feet." 7. As to a portion of the proposed amendment to the text of the Specific Plan, constituting a change to reword #6, page 23 of the Specific Plan, approval of the following amendment is recommended: "6. The grove of mature eucalyptus trees located on the west ~;ide of Fruitvale Avenue and south of Weldon Avenue shall remain intact and preserved. During construction, the grove shall be fenced and protected from grading and heavy equipment operation." 8. As to the portion of proposed amendment to the text of the Specific Plan, constituting the addition of map notes indicating that tree preservation shall be added to the "Land Use Plan - Proposed Compromise" (between pages 15 and 16) and to the "Master Landscape Plan" (between pages 45 and 46), approval is recommended. 9. The proposed amendment to the Rancho Laborde Specific Plan, including the maps and all papers relevant thereto, constituting the report of the Planning Commission, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 10. The City Council approves and adopts proposed amend- ment to the Rancho Laborde Specific Plan Land Use Designations of the Bakersfield Metropolitan Area General Plan. .......... o0o .......... - 5 - 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 November 15, 1989 __, by the following vote: ANTHONY, DeEfOND CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED November 15, 1989 MAYOR of the Cit? of Bakersfield APPROVED as to form: CITY ATT RN~f t~ty of Bakersfield AJS/meg Attachment Exhibit "A" - Map G GPA 4 LABORDESP1 11/9/89 AMENDMENT T,J RANCHO LABORDE SPECIFIC PLAN ...... >- ........ \ CONS1REC COMM. F · MULTI FAMILy APARTMENT