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.
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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