HomeMy WebLinkAboutRES NO 56-89RESOLUTION NO. 56-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING AMEND-
MENT TO THE RANCHO LABORDE SPECIFIC PLAN
LAND USE DESIGNATIONS ON THOSE CERTAIN
PROPERTIES IN THE CITY OF BAKERSFIELD
LOCATED ON THE NORTH SIDE OF HAGEMAN ROAD
BETWEEN COFFEE ROAD AND PATTON WAY FROM
APARTMENT TO SINGLE FAMILY ESTATE.
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 March 16, 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;
~nd
WHEREAS, HAROLD ROBERTSON requests an amendment to the
Rancho Laborde Specific Plan Land Use Designations for the area
depicted as Apartment on the Land Use Element of the General Plan
and proposed as Single Family Estate. The site is surrounded by
vacant R-1 zoned property on the north and east, vacant R-1 and
C-2 zoned property on the south (across Hageman Road) and vacant
C-1 on the west; and
WHEREAS, such proposed amendment to the Rancho Laborde
Specific Plan Land Use Designations, the boundaries of which
properties are showa on the map attached hereto as Exhibit "A"
and made a part hereof, is as follows:
FROM APARTMENT TO SINGLE FAMILY ESTATE ZONE:
Lot 3 of Tract 4873-A, City of Bakersfield,
County of Kern, State of California as per map
recorded October 27, 1987, in Book 36, Page 87
of Maps recorded in the Office of the County
Recorder of said Couaty.
WHEREAS, by Resolution No. 12-89 on March 16, 1989, the
Planning Commission recommended approval and adoption of proposed
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 environment; and
WHEREAS, the rules and regulations relating to the prepara-
tion and adoption of Environmental Impact Reports as set forth in
the California Environmental Quality Act (CEQA) and City of
Bakersfield Resolution 107-86 have been duly followed by the City
staff and Planning Commission; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of Bakersfield as follows:
1. All of the foregoing recitals are hereby ~ound to be
true and correct.
2. An environmental assessment was made of the project,
and a Negative Declaration was adopted by the Planning Commission
after a public hearing thereon, and this Council hereby approves
and adopts the Negative Declaration.
3. The proposed specific plan amendment is consistent
with the goals and policies of the Bakersfield Metropolitan Area
General Plan.
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 City Council approves and adopts proposed amend-
ment to the Rancho Laborde Specific Plan Land Use Designations of
the Bakersfield Metropolitan Area General Plan.
.......... 000 ..........
- 2 -
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on April 26, 1989 , by the
following vote:
AYTS: COUNCILMEMBER$:,',~II~6, DeMONO. SMITH. R~TT% PETE~.,~tON, McDERMOTT '~ALVAGO~O
NOES: COUNCILMEMBERS: None
A~SENT: COUNCI~,~EMSERS: None
ABSTAINING: COUNCILMEM6ERS: None _,
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED April 26, 1989
MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEy o~ the City of Bakersfield
AJS/meg //"
Attachment ~
Exhibit "A"
R RES 5
LABORDESP1
4/17/89
- 3 -
ZONE CHANGE
4854
0
~ ~ ~ - WELDON
~ ~ Ccun~v
· ~1 NO~E: 2 ROWS ~ IO,000 5.F. LOTS ~/~
R-I
i~Hi!i!::i::i::!!~:: TO R-1 ::::::::!::i::!Hi~
::::::::::::::::::::::::::::::::::::::::::::::::::::::
0 400
SCALE IN FEET
16
-,.. T29S, R27E
EXHIBIT A
C/~NGORAS ,w
C~PALODUR A ~
COURT z
HAGEMAN
CI.D
C VAQUERO ~ AVENUE
HAROLD ROBERTSON
FROM R-2 TO R-]
R-I
ROAD
R-I
R-I
RESOLUTION NO. 12-89
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF BAKERSFIELD
ZONING RESOLUTION AND CERTIFICATE OF
FINDINGS OF FACT IN REGARD TO THE
APPLICATION OF HAROLD ROBERTSON TO
AMEND TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE LAND
USE ZONING AND SPECIFIC PLAN DESIGNATIONS
OF THOSE CERTAIN PROPERTIES IN THE CITY
OF BAKERSFIELD LOCATED ON THE NORTH SIDE
OF HAGEMAN ROAD BETWEEN COFFEE ROAD AND
PATTON WAY.
WHEREAS, HAROLD ROBERTSON, filed a written application request-
ing the changing of the land use zoning of those certain proper-
ties in the City of Bakersfield as hereinafter described and as
set forth and designated upon the Zoning Map incorporated within
and made part of Title Seventeen of the Bakersfield Municipal Code
as follows, to-wit:
and
FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING)
ZONE TO AN R-1 (ONE FAMILY DWELLING) OR MORE
RESTRICTIVE ZONE:
Lot 3 of Tract 4873-A, City of Bakersfield,
County of Kern, State of California as per map
recorded October 27, 1987, in Book 36, Page 87
of Maps recorded in the office of the County
Recorder of said County.
WHEREAS, also considered was an amendment to the Rancho
Laborde Specific Plan Land Use Designations from Apartment to
Single Family Estate;
and
-2-
WHEREAS, the Planning Commission, through its Secretary did set
March 16, 1989, at the hour of 5:30 p.m., in the Council Chamber of
city Hall, 1501Truxtun Avenue, Bakersfield, California, as the time
and place for a public hearing before aid Planning Commission on
said application, and specific plan amendment and notice of the
public hearing was given in the manner provided in Title
Seventeen of the Bakersfield Municipal Code;
and
WHEREAS, the site is vacant land consisting of 8.868 acres.
family residences
There is a tentative tract designed for single
approved for this site;
and
WHEREAS, the project is located in the Rancho Laborde Specific
Plan Area located in an area depicted as Apartment on the Land Use
Element of the General Plan and proposed as Single Family Estate.
The site is surrounded by vacant R-1 zoned property on the north and
on the south (across Hageman Road) and
east, vacant R-1 and C-2
vacant C-1 on the west;
and
WHEREAS, at said hearing held March 16, 1989, the application
was duly heard and considered, and the Planning Commission found as
follows:
-3-
The zone change and specific plan amendment is consistent with
the Bakersfield Metropolitan Area General Plan;
The finding is based on the following facts:
After a preliminary environmental
assessment, the staff determined
the project would not have a sig-
nificant adverse effect on the envi-
ronment. A Negative Declaration was
posted and advertised March 3, 1989.
THEREFORE,
NOW,
CITY OF BAKERSFIELD that said Zone
the same is hereby recommended for
City of Bakersfield.
The zone change and specific plan amend-
ment is allowed in the Land Use Element
of the Bakersfield Metropolitan General
Plan.
The zone change is in satisfaction of a
condition of approval for Tentative Tract
5130.
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
Change as outlined above, be and
adoption by the City Council of the
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Planning Commission of the City of Bakersfield at a
regular meeting thereof held on the 16th day of March, 1989.
DATED: March 16, 1989
PLANNING COMMISSION OF
THE CITY OF BAKERSFIELD
~A~K HARDISTY, Se/c~fetary
~?Planning Direct,~
/
STAFF REPORT
PLANNING COMMISSION
Meeting of March 16, 1989
AGENDA ITEM # 6.2
PROJECT NO: ZONE CHANGE #4854
APPLICANT:
LOCATION:
Patton Way
Harold Robertson
North side of Hageman Road between Coffee Road and
PROJECT DESCRIPTION:
A Zone Change from R-2 (Limited Multiple Family Dwelling) Zone to
an R-1 (One Family Dwelling) or more restrictive Zone and an
amendment to the Rancho Laborde Specific Plan from Apartment to
Single Family Estate.
ENVIRONMENTAL SETTING:
The project area is zoned R-2 and consists of undeveloped land.
There are off-site improvements along Hageman Road on the south-
erly boundary of the project site.
The project site is surrounded by vacant R-1 zoned property on
the north and east, vacant R-1 and C-2 on the south (across
Hageman Road) and vacant C-1 on the west.
STAFF ANALYSIS:
This project is a requirement of a Tentative Tract Map approved
February 2, 1989. Said map consists of lots designed for use as
single family residences. The zone change is required to prevent
conversion of the lots designed for single family residential
into multi-family residential uses.
The Specific Plan amendment is being processed as a
"Housekeeping" measure. Item 14.4.2 in the General Provisions
of the Rancho Laborde Specific Plan allowes development of prop-
erty at a lower density than indicated in the plan without a spe-
cific plan amendment.
Improvements and infrastructure for this site are conditions of
approval of Tentative Tract 5130 and will be provided as required
in said tract.
Page 2
Staff Report, ZC ~4854
PUBLIC CONTACT:
As of March 9, 1989, the staff had not received any communication
in opposition to the project.
RECOMMENDED ACTION:
Motion to APPROVE the Negative Declaration and the R-1 zoning and
Specific Plan Amendment as proposed and advertised. Find the
proposed zoning consistent with the Bakersfield Metropolitan Area
General Plan and the Rancho Laborde Specific Plan and recommend.
adoption of same %o the City Council.
PROPOSED
NEGATIVE DECLARATION
AND
NOTICE OF PUBLIC HEARING
NO. 2610
Our File No. 4854
Zone Change
Name and address of Sponsor(s) of Project:
Harold Robertson
2340 Niles Stree~
Bakersfield, CA 93306
Location of Project: North side of Haaeman Road between
Coffee Road and Westpark Street extended.
Description of Project as Proposed: Amending the Rancho
Laborde Specific Plan and changinq the zoning of said
property from an R-2 (Limited Multiple Family Dwelling) Zone
to an R-1 (One Family Dwelling) or more restrictive Zone.
4. The undersigned, having considered the matters provided in
City Council Resolution No. 107-86, City of Bakersfield does
hereby find and determine that the above described project
will not have a significant effect on the environment.
The Initial Study (refer to Appendices "H" and "I")
which comprises part of the Negative Declaration, may
be inspected at the office of the Planning Director at
City Hall, 1501 Truxtun Avenue; Bakersfield,
California. Any member of the public is invited to
provide comments on the proposed action, in writing,
on or before the 16th day of March, 1989, at the above
office. A public hearing for the proposed project
will be held before the Planning Commission of the
City of Bakersfield at 5:30 p.m., on the 16th day of
March, 1989, in the Council Chamber of City Hall to
receive input from the public on the proposed Negative
Declaration for the proposed project.
Dated: March 3, 1989 Posted: March 3, 1989
Mitigation for Eederally Protected Endangered Animal Species
A habitat conservation plan interim mitigation fee shall be paid
prior to issuance of a building permit. The fee will be based on
the current adopted charges at the time of i~suance of the build-
ing permit or payment of the fee before issuance of the building
permit. The curten: fee is $680 per gross acre.
In addition, the applicant should consult the attached advisory
notice prepared by the U.S. Department of the Interior, Fish and
wildlife Service with regard to potential impacts on the San
Joaquin Kit Fox.
p/mir
ADVISORY NOTICE
The San Joaquin kit fox (Vulpes macrotis mutica), a federally-listed endan-
gered species, exists throughout the Bakersfield metropolitan area. Kit
foxes excavate dens as shelter, to raise pups, and to escape from predators
such as coyotes. Denning sites may occur on vacant lots in the Bakersfield
area where development is planned.
The City of Bakersfield and County of Kern are currently developing a
regional conservation plan that will balance future urban growth with the
conservation of the San Joaquin kit fox and other sensitive plants and ani-
mals. While this plan is being developed, specific measures are underway
to minimize disturbance to the San Joaquin kit fox and offset any loss of
habitat resulting from ongoing construction actions. As a part of this
effort, you are required to undertake the following specific protection
measures for the kit fox:
Prior to ground disturbance, surveys for the project area for kit
fox denning sites should be conducted by a biologist familiar with
this species. A partial list of biologists and consulting firms
that are qualified to undertake such surveys is attached for your
convenience.
Any kit fox dens located.on-site that will be unavoidably destroyed
by project actions should be carefully excavated using hand tools.
A biologist familiar with this species should be hired to either
undertake or oversee the den excavation. Any kit foxes in resi-
dence should be allowed to escape unhindered. Dens should be com-
pletely excavated and subsequently filled to prevent later use by
kit foxes prior to on-set of project construction.
As a means of offsetting the unavoidable loss of endangered species
habitat associated with development, a fee is required by the City
or County. This fee is being assessed upon submittal of a building
permit. Specific fee amounts will vary with the size of planned
project development.
Should you have any questions regarding these measures, please contact Ms.
Michelle Suverkrubbe of the City of Bakersfield Planning Department, 1501
Truxtun Avenue, Bakersfield, California 93301 (805/326-3733).
Prepared by United States Department of the Interior, Fish and Wildlife
Service.
p/an
PARTIAL LIST OF BIOLOGISTS AND CONSULTING FI~S
WITH PRIOR
SAN JOAQUIN KIT FOX SURVEY - r , ..
EXP-R.EK~E
Dr. Ted Beedy
Jones & Stokes Associates
1725 - 23rd S~reet
Sacramento, CA
916/444-5634
Mr. Thom Karo
2716 A!:uras Drive
Bakersfield, CA 93305
805/324-7019
Mr. Mark Chicheater
8000 Rroll Way, Unit 72
Bakersfield, CA 93309
805/832-1880
Dr. Diane Mitchell
Consul~an~
1732 Country Club Drive
Bakersfield, CA 93306
805/872-7039
Western Ecological Services
Company
l& Gall/ Drive, Sui:e A
'a:o, CA 94947
4-3/883-6425
Mr. 3ill Clark
1425 N. Vagedes
Fresno, CA 93728
209/233-6220
Mr. Thomas Reid
Thomas Reid Associates
505 Hamil:on Avenue, Suite 201
Palo Alto, CA 94301
4!5/327-0429
Dr. Ted Murphy
c/o CSUB
9001 Stockdale Highway
Bakersfield, CA 93311
805/833-3021
Dr. John Gray
Dames and Moore
~22 Bas~ Anapamu S:reet
San:a Barbara, CA 93101
805/965-3055
Ms. Diane Ranshaw
Box 947
Mort=are, CA 94037
4!~/728-5845
Dr. Roger Harris
LSA Associates, Inc.
157 Park Place
Pt. Richmond, CA 94801
415/236-6810
Mr. Ty Stillman
Qued Consultants
1415 - 18rh St.,
Bakersfield, CA
805/324-6391
Suite 651
93301
Ms. Linda Huffman
Biologis:
805/322-8628
Mr. Daniel F. Williams
580 Bennington AVenue
Turlock, CA 95380
209/667-3485
* This is a par:lal list of available connra¢~ors and consulting firms only; additional · names can be furnished upon reques%.
ZONE CHANGE
4854
NOTE.: 2 ROWS OF IO,DO0 S.F. LOTS
Wr_LDON
L
R-I
C-2
0 ~ ,~00
$CAL--- ~N FE=--T
- T29S, R27E
HAROLD ROBERTSON
FROM R-2 TO R-1
¥u~
R-I
Minu:es, PL/C, 3/16/89
Page 6
THAT CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ON THE NORTH
SIDE OF HAGEM~ ROAD, 300 FEET EAST OF COFFEE ROAD -- AMENDING THE
ZONING BOUNDARY FROM AN R-2 (LIMITED MULTIPLE FAMILY DWELLING) ZONE TO
AN R-1 (ONE FAMILY DWELLING) ZONE. (FILE 4854 - HAROLD ROBERTSON)
Staff report was given.
Mr. Hardisty pointed out this was advertised as an amendment to the
specific plan plan as well as a zone change and is being processed as
one, however technically two different documents are being amended.
Public portion of the hearing was opened; no one spoke in favor or
opposition.
Public portion of the hearing was closed.
Dave Russell, was present representing the applicant. He stated he had
no comments to make.
Motion was made by Commissioner Patrick, seconded by Commissioner Bjorn
to approve the Negative Declaration and the R-1 zoning and Specific
Plan Amendment as proposed and advertised. Find the proposed zoning
consistent with the Bakersfield Metropolitan Area General Plan and the
Rancho Laborde Specific Plan and recommend adoption of same to the City
Council. Motion carried by the following roll call vote:
AYES: Commissioners Marino, Milazzo, Patrick, Rosenlieb, Bjorn,
Cohn
Th10. PUBLIC HEARING - EXTENSION OF TIME - TENTATIVE TRACT 4861 REVISED
iDeWALT-PORTER ENGINEERING)
e request is to allow a one-year extension of time to expire March 5,
~0 for a tentative tract located west of Buena Vista Road approxi-
mat~'~ feet so7th of White Lane.
Staff repo g~ven.
Public of-the hearing was opened; no one spoke in favor or
portion
opposition. ~
Public portion of the hear~'n~closed.
In response to a question by Comml'ssioner Milazzo, staff responded this
is the first request for extension. ~sec
Motion was made by Commissioner Patrick, z~nded by Commissioner Bjorn
to approve the one-year extension of time to Ma~ 5, 1990, subject to
the conditions attached to the staff report as Exh~°ait "A". Motion
carried. Commissioner Rosenlieb abstained.