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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