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Home My WebLink AboutRES NO 70-87RESOLUTION NO. 70-87 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT VII OF PRO- POSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 1-87). WHEREAS, the Council of the City of Bakersfield referred Segment VII 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 Bakersfield, in accordance with the provisions of Section 65351 of the Government Code, held a public hearing on March 19, 1987, on Segment VII 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 publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment VII of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT VII DEVILLE HOMES requests to amend the Bakersfield Metropolitan Area General Plan to include area currently depicted on the Kern County Rosedale General Plan. Designations would be amended from County Estate Residential (~0,000 sq.ft. net 1.76 to 3.00 DU/Ga on 30 acres) and Low Density Residential (18,000 sq.ft. net .76 to 1.75 DU/Ga on 100 acres) to City Low Density Residential on 123.4 acres and City Commerical on 6.6 acres. WHEREAS, for the above-described Segmemt, an Initial Study was conducted, and it was determined that, with mitigation measures incorporated as conditions in the project 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, the 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. 9-87 on March 19, 1987, the Planning Commission recommended approval and adoption of Segment VII by this Council, subject to conditions specified therein, and this Council has fully considered the findings made by the Planning Commission as set forth in that Resol~ltion; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on May 6, 1987, on the above-described Segment VII 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 of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment VII is hereby approved and adopted. 3. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted the Secretary of the Planning Commission to the City Council, hereby received, accepted and approved. by is 4. The City Council hereby approves and adopts Segment VII of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, without ar~y com- merical designation and designating all 130 acres as Low Density Residential, with incorporation therein of the following con- ditions of development: Sewer service is available at the intersection of Fruitvale Avenue and Hageman Road. The Hageman Road trunk line has the capacity to serve the entire area under this annexation. At the time development is proposed along Fruitvale Avenue, the developer will be required to extend the trunk line along the Fruitvale Avenue alignment. Subject to adopted City policy, assessment district financing may be used for the trunk line construction. - 2 - The developer will be required to pay sewer connec- tion fees to Assessment District 86-2 and the City prior to issuance of building permits or recordation of a subdivision map. (Public Works Department) Dedication of additional rights-of-way, including right turn lanes, for construction to arterial stan- dards shall be required for both Olive Drive and Fruitvale Avenue. The dedication shall include the quitclaim or subordination of rights to the City by all interest and easement holders having the right to place facilities or otherwise obstruct the free use of road right-of-way. Where major facilities exist, a common use agreement may be allowed when deemed appropriate by the City Engineer. (Public Works Department) Future access to Fruitvale Avenue and to Olive Drive will be limited and shall be determined at the time of development or subdivision. The southern boundary of the proposed annexation is on the alignment of Hageman Road, a major collector. Primary access shall be developed off Hageman Road. (Public Works Department) Provisions shall be made for a standard intersection, as approved by the County~ of the east-west local street with Oakhaven Street. (Public Works Department) Within thirty days of the approval of this amendment, the applicant shall post with the City Engineer a bond in the amount of $50,000 payable to the City, to assure payment of 25~ of the cost of the installation of a traffic signal at the intersection of Fruitvale Avenue and Olive Drive, and 25~ of the cost of the installation of a traffic signal at the intersection of Fruitvale Avenue and Hageman Road. The applicant shall make payment to the City no later than three years from the approval of this amendment by the City Council, or upon an earlier demand by the City for construction of the traffic signals. The applicant shall provide a drainage study of the entire site, to be submitted to and approved by the City Engineer, and designated drainage basin sites shall be dedicated to the City. The 10-aore area west of Cherry Glen Court and Brookdale Avenue shall also be considered. (Public Works Department) - 3 - If the proposed R-1 area is the first to develop, then as a condition of development or subdivision, Fruitvale Avenue shall be constructed to City arte- rial standards adjacent to the Ch areas. Also~ construction on Olive Drive shall be as approved by the County. Each lot created within the area subject to this General Plan Amendment shall be not less than 40,000 square feet in area. The dew~loper shall provide park acreage or in-lieu fees consistent with North Bakersfield Park and Recreation District requirements pursuant to City policy for park dedication in annexation 8reas within NOR parks and recreation jurisdiction. 5. That Segment VII, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 4-87. .......... 000 .......... 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 6~ ~7 , by the following vote: AYES COUNCILMf, MBERS CHILDS, CHRISTENSEN, SMtTH, RATTY, MOORE. DICKEI~O'~ ~AI VAG~10 ~BSENT: COUNCILM~BS~S. ABSTAINING: COUNCI~_ME~B[ ~; CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED May 6~ ]987 MAYOR of the City of-~a~e~ APPROVED as to form: ............ U~IA~TTORN~ of the City of Bakersfield AJS/meg G GPA 5 SEG7.1 - 5 - Ger?ral Plan Ame.~drnen.t GPA 1-BT SEG~qENT V'F~ SPHERE OF 'INFLUENCE AMENDMENT General Plan Arn~_r~dm, ent HW'Y R~CjOM. ME,N. DE.D.~Y ,PI. AN.N.ING CONMIS-~