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Home My WebLink AboutRES NO 22-88RESOLUTION NO. 22-88 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT II OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 4-87). WHEREAS, the Council of the City of Bakersfield referred Segment II of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakers- field, in accordance with the provisions of Section 65351 of the Government Code, held a public hearing on December 17, 1987, on Segment II 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 pub- lication in the Ba~ersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment II of the proposed amendment to the [,and Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT II: OSWELL PARK INVESTORS, LTD/CORNERSTONE ENGINEERING requests to amend the Bakersfield Metropolitan Area General Plan on a portion of the projeot area located east of Oswell Street and south of Virginia Avenue from Low Density Residential designation on 10 +/-acres to Medium Density Residential. Concurrent Zoning Upon Annexation request is a change from County R-1 (One Family Dwelling) on 40 +/-acres and A-1 (Limited Agriculture) Zone on 10 +/- acres to City R-1 (One Family Dwelling) on 35 +/- acres, City R-3 (Limited Multiple Family Dwelling) Zone on 10 +/-acres, and City MH (Mobilehome) Zone on 20 acres. WHEREAS, for the above described Segment, an Initial Study was conducted and it was determined that, with mitigation measures incorporated as conditions of development and accepted by the applicant, the proposed project would not have a signifi- cant effect on the environment and a Negative Declaration was prepared; and WHEREAS, Lhe law and regulations relating to the prepa- ration and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 107-86 have been duly fol- lowed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 2-88 on December 17, 1987, the Planning Commission recommended approval and adoption of Segment II, subject to conditions, 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 condition of approval requiring P.C.D. zon- ing on ten acres of Medium Density Residential is compatible with existing and future land uses surrounding the project area and will promote logical and orderly development to advantageously provide for the present and future needs of the community; and WHEREAS, the applicant revised concurrent zoning request to delete MH (Mobilehome) Zone and to request R-3 (I.Jmited Multiple Family Dwelling) Zone on approximately 10 acres fronting on Virginia Avenue, and the Planning Commission has recommended that the entire project site be zoned R-1 (One Family Dwelling) Zone with the 10 acres requested as R-3, and hereby designated Medium Density Residential, being subject to P.U.D. (Planned Unit Develop- ment) Zoning. WHEREAS, the Council of the City of Bakersfield, accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on February 24, 1987, on the above-described Segment II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, notice of time and place of the hearing having been given an 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 the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment II is hereby ~pproved and adopted. 3. 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. - 2 - 4. The City Council hereby approves and adopts Segment II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan subject to the follow- ing conditions of .approval: a. That portion of the project designated Medium Density Residential shall be subject to P.U.D. Zoning. be Project design shall incorporate architectural screening in design of windows, balconies, porches, landings and decks about first floors of multi-family units in order to prevent overlook and protect the privacy of side and rear yards of adjacent single-family dwellings. Landscaping and 6-foot masonry walls shall be placed along perimeter of proposed multiple family zoning where it abuts single family zone. Developer shall put a five-foot wide landscape strip adjacent to six-foot masonry block wall. Landscaping of such strip shall include five gallon evergreen trees spaced 30 feet on center to serve as an aesthetic transition and visual screen from multiple family to single-family development. Landscaping and 6-foot masonry walls shall be placed between single- family and multi-family units. do Present policy dictates that proposed developments gen- erating trips above levels which would have occurred under existing land use designations be assessed a fee based upon total trips generated. This fee will pay a proportionate share of future traffic signals in the project area. The need for said signals will be accel- erated by the proposed development. Upon recordation of residential subdivision or development, the subdivider/ developer shall enter into an agreement with the City and post approved security to guarantee payment of his share of costs involved in traffic signal construction at the following intersections: Oswell st. and Virginia Ave. $12,000 (12% of Oswell St. and East Brundage Ln. $19,000 (19% of Sterling Rd. and East Brundage Ln. $ 4,000 ( 4% of Sterling Rd. and Virginia Ave. $ 4,000 ( 4% of $100,000) $100,000) $100,000) $100,000) Payment siRall be made to the City upon demand at the time said funds are required for signal construction. (Public Works) - 3 eo Prior to recordation of any subdivision map or issuance of a building permit, the subdivider/developer shall provide park acreage or pay in-lieu fees in accordance with adopted city standards. The owner shall initiate either formation of a new maintenance district for park and/or landscape mainte- nance or incorporation of this segment into an existing maintenance district prior to the City Council's appro- val of the General Plan Amendment. Upon subdivision or development, the developer/subdivider shall construct full width landscaped median islands in all adjacent arterial streets as directed by the City Engineer. 5. That Segment II, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 4-87. .......... 000 .......... - 4 - 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 February 24, 1988 , by the following vote: AYES; COUNClLMEMRERS C~.,,R~I~. ~9, SM!TH,;RA:~:~/"~ETERSON, Mt:DERMO~. SALVAGG~O ~0ES: C0U~=cl[u~, ?S Childs, De,~ond, Ratty ................. ABSENT: COUN,,,_M.:MB~ ~ None ABSTAINING: COUNCILMEMBERS: None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED February 24, 1988 MAYOR of th a~ersfield APPROVED as to form: City of AJS/meg G GPA 5 4-87SEG2.1 2/18/88 the - 5 -