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Home My WebLink AboutRES NO 222-05 RESOLUTION NO. 222-05 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION, DENYING THE APPLICANT'S APPEAL AND DENYING GENERAL PLAN AMENDMENT CASE NO. 04-0815 OF A PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE NORTH SIDE OF SNOW ROAD, GENERALLY BETWEEN ALLEN ROAD AND CALLOWAY DRIVE. (Ward 4). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Govemment Code, held a public hearing on MONDAY, December 6, 2004, and THURSDAY, December 9, 2004, and continued to THURSDAY, December 16,2004, on Case No. 04-0815 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment No. 04-0815 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0815: Porter-Robertson Engineering, on behalf of James Etcheverry, ET. AL. applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from SR (Suburban Residential) to LR (Low Density Residential) on 82.5 acres. The project site is located along the north side of Snow Road, generally between Allen Road and Calloway Drive; and WHEREAS, for the above-described project, an Initial Study was conducted and it was detennined that the proposed project would not have a significant effect on the environment and a Negative Declaration with mitigation was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, the applicant has submitted an appeal to the Planning Commission recommendation to deny the proposal; 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 hearings on WEDNESDAY, March 9, 2005, August 17, 2005, September 7, 2005, and September 28, 2005, on the above described General Plan Amendment No. 04-0815 of the proposed amendment to the Land Use Element ofthe Metropolitan Bakersfield 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 Califomian, a local newspaper of general circulation; and 1 ,,:òMf-5 () '{~ '- rr _ r- ';J (' r\Oir',H.'!"i WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. 2. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negatille Declaration. 3. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 4. That the Negative Declaration for the proposed General Plan Amendment No. 04- 0815 is hereby recommended for approval. 5. The proposal has been continued several times to allow the applicant the opportunity to address issues identified by the adjacent property owners. Beginning in late August 2005, Councilman Couch has conducted several neighborhood meetings regarding the appropriateness of the proposed development project. 6. That the request for smaller lot sizes typical of development with complete urban services available by the City of Bakersfield is not compatible with the adjacent development. The entire development shall be limited to a density of 4 units/acre which is consistent with the development standards of the E (Estate One Family Dwelling) zone. 7. At the 9/28/05 City Council meeting, a final decision regarding the proposed applications required a new motion. This motion by Councilman Couch accepted the new recommendations and additional conditions found in the Planning Division memorandum dated 9/28/05. This memorandum recommended: (a) the denial of the requested (applicant's) general plan amendment; (b) approval of an E (Estate) zone, and (c) the addition of several zone change conditions. 8. As to General Plan Amendment 04-0815 the amendmentto the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from SR (Suburban Residential) to LR (Low Density Residential) on 82.5 acres, as requested by the applicant and shown on attached map in Exhibit "A", located along the north side of Snow Road, generally between Allen Road and Calloway Drive, the City Council hereby denies such Land Use Element Amendment of the Metropolitan Bakersfield General Plan. 2 '\)i.KI:;, '-~.c; ", , r, r Õ C /ìP!(c,r.!f,' 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 General Plan Amendment No. 04-0815 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. The Planning Division memorandum dated 9/28/05 which recommends the denial of all general plan amendments is accepted. The existing SR (Suburban Residential) land use designation will remain unchanged -- residential development shall not exceed 4 dwelling units per acre. The City Council hereby denies the requested General Plan Amendment No. 04-0815 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "A", attached hereto and incorporated as though fully set forth, for property generally located along the north side of Snow Road, generally between Allen Road and Calloway Drive. The appeal is hereby denied. ---------()()()-_...... 3 " ç n;,I\[,.> (Y /J; , of IT - r-. ,y \:.' r,pIC¡"i{';i 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 SE:P 2 8 2885 by the following vote: .' ,,;yES) NOES: ABSTAIN: ABSENT: ............-- ./ 1.--- I-- L- ~~ ¿..- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED SEP 2 8 2005 PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: I~m ~ Attached: Exhibit A - Map MO:djl S:\GPA 4th 2004\04-0815\Resolutions\res,gpa_cc.doc 4 .".--....-..---.-,-.. .---,........-..",.-----..-..-..- -...----- ( 'ò~K(\ ...: ,-\ C'J '(P -, .~ 1,,- f'- r Ù <: (;r:::llt:!~t/:.i Exhibit A Map pi\!\(,ý 'If. ., >.. n r r· "'q'('!'1/1t~- L II , Ii _--=:..--- ! § I t í ~ Z! .... - Ii 0 ø I 5 § 10 ! . i ¡ -.=:- [ ~ CO 0 I ð I- 5 Z W ~ 0 i Z en t W ~ ~ g ~ ~ Ii a. 5 ~ Ii -" W Z ! W ø 5 --- . ---- Ii t f II , ~,\I{~ .'l '.» _, '0' 4" _ (r' , r- ·,n'("'«"ö