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Home My WebLink AboutRES NO 040-06 RESOLUTION NO. o 40 ~-(f-6 RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 05-0953 AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. WHEREAS, Quad Knopf-Wiley Hughes, for East Hills Community Development, filed an application requesting a General Plan Circulation Element Amendment and adoption of a Specific Plan Line for Brentwood Drive; as hereinafter described; and WHEREAS, the Planning Commissian, of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public meeting on, MONDAY, NOVEMBER 28, 2005, THURSDAY, DECEMBER 1, 2005, on the general plan amendment 05- 0953 of the proposed amendment to the Circulation Element of the Metropalitan Bakersfield General Plan, notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield California, a local newspaper of general circulation; and WHEREAS, Case No. 05-0953 an amendment of the Circulation Element of the Metropolitan Bakersfield General Plan and adoption of a Specific Plan Line for Brentwood Drive is as follows: General Plan Amendment No. 05-0953: A General Plan Circulation Element Amendment; Case No. 05-0953 and adoption of a Specific Plan Line for Brentwood Drive; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that with mitigation the proposed Project would not have a significant effect on the environment, therefore, a Mitigated Negative Declaration was prepared and posted on November 8, 2005 in accordance with CEQA; and WHEREAS, the laws and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield found that because the proposed alignment will be moved slightly to the west the Brentwood sump will need to be reconfigured, and a drainage study conducted before a Specific Plan Line can be adopted; and WHEREAS, by resolution No, 178-05 on December 1, 2005, the Planning Commission recommended approval of the City of Bakersfield's request to amend the Circulation Element for Brentwood Drive without adoption of a Specific Plan Line; 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, February 8, 2006 on the above described General Plan amendment; and , WHEREAS, the Council has considered and hereby makes the following findings: ~ 'òÞ.K~?, () <!; :>. m ':: r- o () ORIGINAl 1. The Metropolitan Bakersfield General Plan Circulation Element requires that a standard collector street be 68 wide (paved width) within a 90 foot right-of-way. 2. Brentwood Drive is a collector street on the Circulation Element Map. 4. Development is imminent along this segment of the Brentwood Drive. 5. It is necessary to shift the alignment slightly to the west to get out of the Southern California Edison Company's easement and this shift will require the reconfiguration of the Brentwood sump. 6. That the alignment is needed to provide connectivity from Niles Street to College Avenue. 7. Because the alignment does not follow section or midsection lines, a Specific Plan Line for Brentwood Drive for the portion between Niles Street and College Avenue and from College Avenue will be addressed at a later date and brought before the Planning Commission for approval. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals and findings are true and correct and constitute the findings of the City Council. 2. The Negative Declaration for Case No. 05-0953 is hereby approved. 3. All required notices have been given. 4. The provisions of the California Environmental Quality Act (CEQA) have been followed. 5. As to Case No, 05-0953, an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan is hereby recommended for adoption with conditions shown in Exhibit A-1, and as shown in Exhibit A-2. ---------000--------- 2 ~ 'òr.Kl:'~ a % >- - m >;:; ,... r.J () 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 rEB 8 2006 by the following vote: v ~E5) NOEŠ: ABSTAIN: ABSENT: ~ .... --- ~- --- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED FES 8 2006 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ¡&JfA£ffi. AN1(- Exhibits: Attached A-1 Conditions of Approval A-2 Site Map S:\GPA 4th 2005\05-0953\ResolutionslCC reso.doc PAMELAA. McCARTHY, C C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 x <¢Mê'2 () ~ >- - ... m _ r- a () ORIGINAL Conditions of Approval General Plan Amendment 05-0953 X 'òMé'", o ~ >- - m I;:. ,... Q <:> ORIGINAL EXHIBIT A-1 Conditions of Approval General Plan Amendment 05-0953 City Attornev: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued, The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. Public Works: 1. The alignment as currently shown on the Circulation Element will be shifted slightly to the west to get it out of the Southern California Edison Company's easement. This shift will require the reconfiguration of the Brentwood sump, 2, The project proponent will provide a drainage study to determine the needed sump size to be reviewed and approved by the City Engineer. After the approval of the drainage study, improvement plans for the reconfiguring of the sump must be submitted to the City Engineer for his review and approval. 3. After the approval of the drainage study and review of the sump plans, the project proponent is to submit a legal description and plat for the Specific Plan Line for Brentwood from Niles to College, The project proponent will coordinate the alignment with the property owner north of College in order to insure that the plan line will intersect at Gallender Drive (as shown in approved Vesting Tentative Tract 6422) and Highland Knolls, The Specific Plan Line shall be designed to meet all City Standards. S:\GPA 4th 2005\05-0953\CC EXHIBIT A.doc ~ ~Mf?, o ~ >- - m I:;; r- c.:> C:J ORIGINAL Circulation Element Map General Plan Amendment 05-0953 ~ ~Mê1. o ~ >- - m \:: r- " C:1 ORIGINAL I- Z W ~ o z w ~ « z o - ~ :::J t) c:: - t) (V) LO 0) o I LO o I- Z W ~ o z w ~ « z ~ a.. -J ~ W Z W (!) ~ CI: ~------- -------------.--.¿¡ 0 -~, ....------.----...---.- ~ ~ ~o 00 8:~ f-f- ~:2; ~~ ~c:: a.:!:2 C(~ iD ~ ~CI: _..s. ,.Q...-I-...-..-.. : ..-..-..-.. G : I 0Ll : i~:::I : : 00 : I ~o ¡ i ~ I .,-."-'" ..................0\I01/'-""! ~ ..' ~1If"........... --. 21, '. '!. ..... : .... .. · · · · · · · , · · · · · · · · · · · · , c:!i ---..-_OIT--- ..-.---..- i . I .., ~ !....., ...,.., ..... C") N ...... '. ~. í .. ~ ~ ~ " ¡¡¡ w ~ ~ ¡;¡ á! - ¡¡ :2! - . CI) 0 ~ "', , \. ... .... "_"_II! CI: ! ~e L.._, °u I ~~ J :2;0 i.... u. ::EO Of- 0iij ~~ tt:¡] ~~ CI: \. . \ · · · · , · · · ~a ÐNINHOW · · · · · · · , , I : i. -"-"-"-"'1: II I ~ I ~~ ~ ~ n_ I , I i i i ! I f-.....·... , ~ ...--.,......1 z " ~ a ~ C! I ~ § i j lllKlJ ! I f: ¡ I ~ a · · · Planning Commission - Thursday, December 1, 2005 Page 1'1 B. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS I Land Use Element Amendments I Zone ChanGes / Circulation Element Amendments I Williamson Act Land Use Cancellation. SDeclfic Plan Line AdoDtlon: eneral Plan AmendmentlZone Chan e 04-1344 (Maurice Etchechury) (Ward 6) The ublic hearing is opened, Staff report given. No one spoke in opposition to Staffs recommendation. Mauric Etchechury, the applicant representing the owner of the property, stated they are in agreement with Sta recommendation. The public hearing is closed. Commissione lockley moved, seconded by Commissioner Tragish, to adopt the Resolution findings, approvI the Negative Declaration, and approving a GPA to change the land use de . nation from R-IA (Resour Intensive Agriculture) to LR (Low Density Residential) on 85,6 acres as own on Exhibit "A-2", incorp ting Planning Director's memo dated November 28, 2005, and P. lic Works memo from Marian Sha dated November 28, 2005, and recommend the same to City C ncil. None Motion carried by the followi AYES: NOES: ABSENT: Commissioners B kley, Johnson, McGinnis, Spencer, Tragish, Commissioner Tkac Commissioner Blockley moved, seconded by mmissioner Tra ' h, to adopt the Resolution making findings, approving the Negative Declaration, and roving the ne change from A (Agriculture) to R-1 (Single Family Residential) on 85,6 acres, as shown n Exhi "A-2", incorporating Planning Director's memo dated November 28, 2005, and Public Works e from Marian Shaw, dated November 28, 2005, and recommend the same to City Council. Motion carried by the following roll call vote: None 05-0410 (Pinnacle Engineering) (Wa AYES: NOES: ABSENT: Commissioners Blockley, Johnso Commissioner Tkac 8.2a&b) General Plan AmendmentlZone The public hearing is opene, Commissioner Tragish indicated that he will recu himself as he represents a client very clo to this property. Staff report given, No one spoke in oppo ' 'on to Staffs recommendation. Matt villa, Pinnacle Civil Engineering, the applicant and engineer for e project, stated that they are in greement with Staffs recommendation. Tim Denario, the managing ber of the LLC that owns t property, gave a brief background, Fred Woody, with WZI, indicated th they prepared the air lysis for this project, and submitted a letter for the record, The public heari is closed . Commissio r Spencer stated he feels strongly about the removal of the existing golf course in this area in that on you remove a golf course it is not going to come back, and the proposed number of homes is signifi t when considering they just approved many acres for multi-family units to the north, south and west f this project. He stated that he could not support this project in any manner, and further co mented that it is in close proximity to water spreading area for the City treatment plant. He indicated at the map does not show a separation between the proposed development and the ponds on the photo, and the environmental document prepared for this project is not sufficient. Commissioner Blockley inquired as to the 10 year build out and the air quality, to which M!~M"fú' responded that with respect to this project, build out was estimated to occur by 2016, ':í!sed on~ information obtained from the developer, He indicated that based on the information they esti\3ate that/!' there would be 48 units a year. Commissioner Blockley inquired if the build out was a shorter ti~iAic:, Planning Commission - Thursday, December 1, 2005 Page 16 homeowners, and perhaps the complex can join the HOA to come together for perhaps a nicer Commission Blockley stated that he was unaware that a project was submitted on this, and based on the conversati s presented he has questions regarding waiver to direct access, which is not mentioned in the staff repo and whether this is at all part of this project. He further inquired what address these four-plexes would ve, and how this project fits in with the four-plex ordinance and HMR and R-2, Staff responded that the a licant is not avoiding the ordinance, and they would have to comply with the four- plex ordinance regardle of the designation on the GP. Staff further indicated that the addresses would be on Panama Lane. Sta indicated that the map recorded on the property may already have a waiver of access along Panama, whi can be checked. Commissioner Blockley stated that he would support a continuance on this matter for e same reasons that Commissioner Tragish enunciated. Commissioner Tragish inquired of r. Marino about a continuance to meet with the neighbors, to which Mr. Marino stated that a two week co 'nuance would be acceptable, Mr. Marino stated that he would like more input from the Traffic Engineer s his Park Stockdale analogy was made on traffic for traffic similarities. Mr, Marino stated that with r ard to a waiver of direct access, the tract map does have a waiver of direct access to Panama Lane an the tract map was all done together, and therefore all of the access has to come off the allies. Commissioner Tragish inquired of Mr. Barrios ati t meeting with the applicant, to which Mr, Barrios responded that they would like to try to attempt this. Commissioner Tragish moved, seconded by Commission Johnson, moved to continue agenda item 8.6 GPA 05-1199 to December 15,2005. Staff clarified that there is no need to re-open the public hearing, Motion carried by group vote. 8.7) General Plan Amendment 05·1287 (Porter - Robertson) (Ward 3) Approved on Consent. 8.8) General Plan Amendment 05-0953 (Quad Knopf) (Ward 3) The public hearing is opened. Staff report given. No one spoke in opposition to Staff's recommendation, Christy Ashley with Quad Knopf stated that they concur with Staff's recommendation, Don Hazelhoff with Probuilt and Pritchard stated they agree with the recommendations. Ted Cossack, Denmark Communities, stated they agree with new alignment. The public hearing is closed, Commissioner Tragish moved, seconded by Commissioner Spencer, to adopt a Resolution making findings approving the Negative Declaration and approving the General Plan Amendment as recommended by Staff for Brentwood Drive as shown on the attached Exhibit, and recommended the same to City Council. Motion carried by the following roll call vote: AYES: NOES: ABSENT: Commissioners Blockley, Johnson, McGinnis, Spencer, Tragish, Lomas None, Commissioner Tkac ~ ~l\Kf-$> o '!¡. >- - r:: "" ~ORtG\Nl\Lb