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HomeMy WebLinkAboutRES NO 128-85RESOLUTION NO. 128-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT VII OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-85). 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 June 20, 1985, 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 pub- lication 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: SHADOW RIDGE LTD. (by Wiley Hughes) has applied to amend the General Plan Land Use Element designation from Low Density Residential (0.5 to 5.49 dwelling units per acre) to Medium Density Residential (5.5 to 16.99 dwelling units per gross acre) on 25.17 acres located on the north side of College Avenue, 800 ~eet east of Fairfax Road. WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that, the proposed project would not have a significant 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. 132-83 have been duly fol- lowed Dy the City staff and the Planning Commission; and WHEREAS, by Resolution No. 83-85 on June 20, 1985, the Planning Commission recommended denial of Segment VII 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 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 August 28, 1985, 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 cir- culation. WHEREAS, prior to said Council hearing, the applicant proposed the addition o~ the conditions set ~orth in Paragraph 4, below, as additions to Segment VII, which conditions address and mitigated concerns addressed by the Planning Commission in its recommendation for denial. 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 by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 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, subject to the following conditions: A. Prior to issuance of a certificate of occupancy for any dwelling unit on the property included in Tract 4741, Shadow Ridge Limited ("SRL") shall complete paving of two lanes of Fairfax Road from College Avenue to Highway 178. B. Prior to issuance of a certificate of occupancy for any dwelling unit on the property included in Tract 4741 with access to College Avenue, or for the 143rd dwelling unit on prop- erty within the boundaries of such tract, SRL shall complete pav- ing of four lanes of Fairfax Road between College Avenue and ~ighway 178, including curb, gutter and connecting paving on the east side of Fairfax Road. C. SRL shall pay $25,000 to the City to be applied to the costs of improvements for the intersection of Highway 178 and Fairfax Road. Such amount shall be paid upon award by the City of a contract for any such improvements or prior to issuance of a building permit for the 101st dwelling unit on property within the boundaries of Tract 4741. The City shall refund such amount if improvements are not constructed within three years of payment to the City by SRL. D. $RL shall construct College Avenue from its center- line south to tie into existing paving between the west boundary line of Tract 4741 and a point approximately 450 ~eet west of Fairfax Road, and shall construct College Avenue to tie into existing paving along the boundaries of Tract 4741. Such impro- vements shall be completed pursuant to the subdivision improve- ment agreement for Tract 4741. E. Prior to issuance of a building permit ~or any dwelling unit within Tract 4741, $RL shall cause to have recorded a deed restriction, approved in writing by the Planning Director, subject to modification or release only upon the consent of the Planning Commission, limiting for a period of 30 years the maxi- mum overall density of the 143 acres proposed to be developed by $RL in the vicinity of Tract 4741, and, including Tract 4741, to 5.49 dwelling units per gross acre. 5. That Segment VII, approved herein, be combined with other approved segments, described in separate resolutions, to form a single Land Use Element Amendment, 2-85. .......... o0o .......... 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 the 28th day of August , 1985, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 28th day of August , MAYOR of the City (%f Bakersfield 1985 APPROVED as to form: CITY ATTO4~NEY of the City of Bakersfield AJS/bl 4 R.SEGVII-1