HomeMy WebLinkAboutRES NO 174-97RESOLUTION
A RESOLUTION MAKING FINDINGS, AMENDING
CONDITION NO. 9 OF CITY COUNCIL RESOLUTION NO.
109-90 AMENDING THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN,
AND TRANSMITTING REPORT TO CITY COUNCIL (LAND
USE ELEMENT AMENDMENT P97-0407).
WHEREAS, the Planning Commission of the City of Bakersfield, in
accordance with the provisions of Section 65353 of the Government Code, held a
public hearing on MONDAY, SEPTEMBER 15 and THURSDAY, SEPTEMBER 18,
1997, on 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 twenty-one (21) calendar
days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
Martin-Mcintosh for Castle & Cooke California, Inc. has
applied to amend Condition of Approval No. 9 of General
Plan Amendment 2-90, Segment IV, an amendment to the
Land Use Element of the Metropolitan Bakersfield 2010
General Plan adopted pursuant to City Council Resolution
No. 109-90 adopted August 8, 1990, pertaining to the
phasing of improvements including but not limited to
sidewalks, street lights, walls and landscaping along the
west side of Old River Road between Ming Avenue and
White Lane (Condition No. 9 in it proposed amended form is
shown on Exhibit "A" attached to this Resolution);
and
WHEREAS, for the above-described amendment, it was determined that
the proposed project is exempt from CEQA pursuant to Section 15061 (b)(3) of the
CEQA Guidelines (General Rule), as there is no possibility that the requested
amendment of the condition pertaining to the revision of improvements phasing could
have a significant effect on the environment; and
WHEREAS, by Resolution No. 81-97 on September 18, 1997, the
Planning Commission recommended approval and adoption of this General Plan
Amendment amending Condition No. 9 of City Council Resolution No. 109-90 (GPA 2-
90, Segment IV), shown on Exhibit "B", 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 WEDNESDAY, NOVEMBER 5, 1997, on the above described proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General
Plan, notice of time and place of the hearing having been given at least ten (10)
calendar days before the hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA)
have been followed.
environment.
The proposed project will not have a significant effect on the
4. The proposed revision of Condition No. 9 is consistent with the
goals and policies of the General Plan.
5. The proposed amendment of Condition No. 9 is consistent with the
existing land use designations and proposed land uses in the general vicinity.
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 project has been found to be exempt from the requirements of
CEQA.
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 General Plan
Amendment Case No. Pg7-0407, a proposed amendment to the Land Use Element of
the Metropolitan Bakersfield 2010 General Plan consisting of amending Condition No. 9
of City Council Resolution No. 109-90 pertaining to the phasing of improvements along
the west side of Old River Road between Ming Avenue and White Lane as shown on
Exhibit "A," attached hereto and incorporated as though fully set forth.
......... 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
NOV' ,~ 1997 , by the following vote:
AYES: COUNCILMEMBER DeMO.ND, CAR?ON, Sk?.ITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGG[O
NOES: COtjNCILMEM£ER-~[j-£?~ ·
ABSTAIN: cOUNCILMEMBER ~
ABSENIi COUNCtLMEMBER .---~"7~'
CITY CLERK and Ex Officio C~'e~k of the
Council of the City of BakersfieldJ
APPROVED NOV"5 ~7
MAYOR of the City of Bakersfield
3
ORiGiNAL
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MJM
October 8, 1997
res\rg0407-cc
4
EXHIBIT "A"
PROJECT DESCRIPTION
The application is a general plan amendment to request a revision to condition #9 of GPA
2-90, Segment IV, approved by Resolution No. 109-90, which reads:
"Old River Road shall be improved (including but not limited to sidewalk, street lights,
walls and landscaping) in two sections from Ming Avenue to White Oak Drive and from
White Oak Drive to White Lane. Improvements for the northern segment shall occur with
the first development or subdivision in Section 7, excluding the golf course, within 1,500
feet of the centerline of Old River Road. Improvements for the southern segment shall
occur with the first development or subdivision in Section 7 south of the intersection of
White Oak Drive and Old River Road, excluding the golf course, within 1,500 feet of the
centerline of Old River Road."
We are requesting the revised condition to read:
"Old River Road shall be improved (including but not limited to sidewalk, street lights,
walls and landscaping) in three sections; from Ming Avenue to White Oak Drive, from
White Oak Drive to Ridge Oak Drive and from Ridge Oak Drive to White Lane.
· Improvements for the southern segment shall occur with the first development or
subdivision located in the area between Ridge Oak Drive and White Lane, excluding
the golf course, within 1,500 feet of the centerline of Old River Road.
· Improvements for the middle segment shall occur with the first development or
subdivision located in the area between Ridge Oak Drive and White Oak Drive,
excluding the golf course, within 1,500 feet of the centerline of Old River Road.
· Improvements for the northern segment shall occur with the first development or
subdivision located in the area between White Oak Drive and Ming Avenue, excluding
the golf course, within 1,500 feet of the centerline of Old River Road."
It is the intention of the developer to begin development in the southern segment first,
with anticipated incremental development to occur in the middle segment second, finishing
with development of the northern segment.
This application is to allow the revised wording of the previous approved condition #9
only and is not intended to request an amendment to the land use designations.
~7.doe / 6806.21 / 6-11-97
EXHIBIT "B"
RESOLUTION NO. 109-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, APPROVING AND
ADOPTING NEGATIVE DECLARATION AND APPROVING
SEGMENT IV OF PROPOSED AMENDMENT TO THE
LAND USE AND CIRCULATION ELEMENTS OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(LAND USE ELEMENT AND CIRCULATION ELEMENT
AMENDMENT 2-90).
WHEREAS, the Council of the City of Bakersfield referred
Segment IV of a proposed amendment to the Land Use and Circulation
Elements of the Bakersfield Metropolitan 2010 General Plan to the
Planning Commission; and
WHEREAS, the Planning Commission of the City of Bakers-
field, in accordance with the provisions of Section 65353 of the
Government Code, held a public hearing on June 21, 1990, on
Segment IV of a proposed amendment to the Land Use and Circulation
Elements of the 2010 General Plan, notice
of hearing having been given at least ten
before said hearing by publication in the
a local newspaper of general circulation;
of the time and place
(10) calendar days
Bakersfield Californian,
and
WHEREAS, such Segment IV of the proposed amendment to
Land Use Element and Circulation Element of the Metropolitan
Bakersfield 2010 General Plan is as follows:
the
SEGMENT IV:
MARTIN-MCINTOSH, agent for Oceanic Community,
Inc., has applied to amend the Land Use and
Circulation Elements of the Metropolitan
Bakersfield 2010 General Plan consisting of
306.9 +/- acres generally located between
Stockdale Highway, White Lane, Old River Road
and Buena Vista Road. Proposed land use
designations and acreage are as follows:
Low Density Residential (LR-less than or equal
to 7.26 dwelling units per net acre) on 276.7
acres including 20 acres for parks and 20.4
acres for elementary schools; High Medium
Density Residential (HMR-greater than 7.26 and
less than or equal to 17.42 dwelling units per
net acre) on 18.2 acres; and High Density
Residential (HR-greater than 17.42 and less
OI:II(~INAL
than or equal to 72.6 dwelling units per net
acre) on 12 acres. The proposed Circulation
Element amendment would eliminate two desig-
nated collector roads: one is in the north-
east area of Section 6 and connects the loop
road with Howell Drive at Old River Road; the
second is in the southeast area of Section 7
and connects the loop road with Saddle Drive
at White Lane. The proposed amendment would
increase Low Density Residential acreage from
264.5 to 458.6 acres, including 20 acres for
parks and 20.4 acres for elementary schools,
decrease High Medium Density Residential from
210.5 acres to 30.2 acres, decrease High Density
Residential from 55 to 30.7 acres. Total area
designated for residential uses would be
decreased from 530 acres to 519.5 acres.
Open Space (Parks and Recreation Facilities)
would be reduced from 28 to 20 acres. School
site areas would be increased from 64 to 65.6
acres (includes 45.2 acre high school site and
20.4 acres for two elementary schools). Parks
and elementary schools would be located within
areas designated Low Density Residential;
and
W~EREAS, for the above-described Segment, an Initial
Study was conducted, and it was determined that the proposed pro-
ject would not have a significant effect on the environment, and
a Negative Declaration was prepared, advertised and posted on
May 11, 1990 in accordance with CEQA; 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. 29-90 on June 21, 1990, the
Planning Commission recommended approval and adoption of Segment
IV, subject to a conditions of approval attached to the project
as Exhibit "A", and this Council has fully considered the find-
ings made by the Planning Commission as set forth in that
Resolution; and
W~EREAS, 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 WEDNESDAY, AUGUST 8,
1990, on the above-described Segment IV of the proposed amendment
to the Land Use and Circulation Elements of the Metropolitan
Bakersfield 2010 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; and
WHEREAS, conditions of approval attached to the project
as Exhibit "A", are included in the project to minimize and/or
mitigate impacts; and
WHEREAS, the Council found as follows:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The proposed project would not have a significant
effect on the environment.
4. Conditions of approval from previous discretionary
projects are applicable to this general plan amendment.
5. A fire station is needed in the area of Buena Vista
Road and White Lane.
6. The two collector roadways proposed for elimination
are not necessary for adequate traffic flow.
7. Public necessity, convenience, general welfare and
good planning practice justify the proposed General Plan
Amendment.
8. Proposed General Plan Amendment will be compatible
with future development in surrounding areas and development on
the project area.
NOW, T~EREFORE, IT IS HEREBY RESOLVED and found by the
Council of the City of Bakersfield as follows:
1. The above recitals, incorporated herein, are true
and correct.
2. The Negative Declaration for Segment IV is hereby
approved and adopted.
3. Public necessity, convenience, general
good planning practice justify the proposed General
Amendment.
welfare and
Plan
ORIGINAL
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 hereby approves and adopts Segment
IV of the proposed amendment to the Land Use and Circulation
Elements of the Metropolitan Bakersfield 2010 General Plan as
identified on Exhibit "B", subject to the conditions of approval
listed in attached Exhibit "A".
6. That Segment IV, as approved herein, be combined
with other approved segments described in separate resolutions,
to form a single Land Use Element and Circulation Amendment, GPA
2-90.
.......... o0o ..........
- 4 -
ORIGINAL
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 AU8 8 ~9~0 , by the
following vote:
AYES. COUNCILMEMBERS EDWARDS. DeMONO, SMITH BRUNNI PETERSON. McDERMOTT. SALVAGGIO
NOES COUNCILMEMBERS
ABSENT COUNCILMEMBERS "
ABS'[AIN COUNCILMEMBERS
/s/ Carol Williams
CITY CLERK and Ex Officio Clerk of
Council of the City of Bakersfield
the
APPROVED ALI~ 8 1990
/s/ Clarence E. Medders
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
/s/ Arthur J. Saalfield
ARTHUR J. SAALFIELD
CITY ATTORNEY of the City of
Bakersfield
AJS/meg
Attachment
Exhibit "A"
Exhibit "B"
G GPA 4
2-90SEG4.1
7/31/90
- 5 -
EXHIBIT "A"
Conditions of Approval
GPA 2-90, Segment IV
The total number of dwelling units shall not exceed the
applicant's market projection of 2,831 dwelling units.
Oceanic Communities and the City shall investigate the pos-
sibility of and if feasible negotiate for a fire station
site.
Subdivider/developer of the High Medium Density Residential
located between the Kern River Canal, Stockdale Highway and
Buena Vista Road shall provide a pedestrian footbridge
and/or bicycle bridge (AASHO H-5 Loading) up to 12 feet in
width with a minimum of an 8-foot width across the Kern
River Canal between the elementary school site and park in
Section 6 and the High Medium Density Residential. The
Water Resources Department will have approval of the design
and location of the overcrossing. Said footbridge to be
constructed prior to occupancy of the HMR site north of the
Kern River Canal.
Subdivider/developer shall install wall and landscaping, as
approved in the comprehensive concept plan, along the west
side of Old River Road between Stockdale Highway and Howell
Drive prior to the occupancy of Mercy's primary hospital
facility, or prior to occupancy of the first tract adjacent
to the western side of Old River Road, or October 1993,
whichever is first. Until then, subdivider shall bond for
the improvements.
Wall and landscaping for the west side of Old River Road,
between Howell Drive and Ming Avenue shall be installed
prior to occupancy of the first development located
within 1500 feet of the centerline and west of Old River
Road between Howell Drive and Ming Avenue, or within the
area currently approved as Tentative Tract 5118 east of Old
River Road.
The specific location of the two park sites shall be deter-
mined at time of submission of the first subdivision map
subsequent to the approval of this general plan amendment,
or upon initial development of the school whichever comes
first. The two park sites shall be designated as OS-P
(Public Parks).
Where applicable, conditions of approval from previous
site discretionary projects are still applicable and shall
be incorporated into project development.
Exhibit "A"
GPA 2-90, Segment
Page 2
IV
Public Works Department
With the elimination of two "collector" streets, additional
turn lane storage may be required by the Traffic Engineer
for the remaining "collector" streets. Developer shall con-
sult with the Traffic Engineer prior to submittal of
improvement plans.
Access to any local streets within the GPA area connecting
to either Old River Road or White Lane shall be reviewed and
approved by the Traffic Engineer.
9 o
Old River Road shall be improved (including but not limited
to sidewalk, street lights, walls and landscaping) in two
sections from Ming Avenue to White Oak Drive and from White
Oak Drive to White Lane. Improvements for the northern seg-
ment shall occur with the first development or subdivision
in Section 7, excluding the golf course, within 1,500 feet
of the centerline of Old River Road. Improvements for the
southern segment shall occur with the first development or
subdivision in Section 7 south of the intersection of White
Oak Drive and Old River Road, excluding the golf course,
within 1,500 feet of the centerline of Old River Road.
10.
Within 120 days of approval of this GPA segment by the City
Council, the applicant shall enter into an agreement with
the city and post approved security for the construction of
improvements (street lights, curb and gutter, sidewalk, and
street paving) along the north half of White Lane from Old
River Road to the east boundary of the Kern High School
site. Said agreement shall require that construction of
these improvements be initiated prior to June 3, 1991 and be
completed prior to September 3, 1991.
11.
The parks in Sections 6 and 7 shall be improved as a neigh-
borhood park by the applicant within one year of the time 25
percent of the residential acreage in Sections 6 and 7 is
recorded as a final subdivision map. Improvements shall
include those referenced for neighborhood parks in the Parks
Element of the Metropolitan Bakersfield 2010 General Plan.
12.
Wall and landscaping for the south side of Stockdale Highway
in Section 6 west of Old River Road to Buena Vista Road
shall be installed prior to occupancy of the first develop-
ment north of the Kern River Canal excepting the city's
water facility.
Revised 8/13/90
p/srs4ea
jENERAL PL.~N AMENDMENT 2-90, SEGMENT IV
I
I
REMO~ 'E STREET
- FROM ~IRCULATION
TRACT 5244
TRA~T 5217
TRACT
5218
REMOVE STREET I~
FROUt CIRCULATION ELEklERT