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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.