HomeMy WebLinkAboutRES NO 135-00RESOLUTION NO. 13 5 ' 00
RESOLUTION MAKING FINDINGS ADOPTING A
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT NO. P00-0474 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN. (Ward 4)
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 18, 2000, and THURSDAY, September 21, 2000, on the proposed General Plan
Amendment No. P00-0474 of a proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, notice of the time and place of hearing having been given at least
ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, such GPA P00-0474 of the proposed amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. P00-0474:
Lone Palm Farms and Richard Froehlich have applied to amend
the Land Use Element of the Metropolitan Bakersfield 2010 General
Plan consisting of changes as follows: Land Use Designation
Amendment from HMR (High Medium Density Residential), SR
(Suburban Residential), GC (General Commercial) and R-MP
(Resources- Mineral Petroleum) to GC (General Commercial) and
SR (Suburban Residential) on 33.65 acres located generally along
the north side of Brimhall Road to Rosedale Highway, between Allen
Road and Jenkins Road; and
WHEREAS, for the above-described project, an Initial Study was conducted and it
was determined that the proposed project would not have a significant effect on the environment
and therefore, a Negative Declaration was prepared for the project in accordance with the California
Environmental Quality Act (CEQA); 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, by Resolution No. 90-00 on September 21, 2000, the Planning
Commission recommended approval and adoption of a portion of General Plan Amendment No.
P00-0474 subject to conditions and mitigation measures listed in Exhibit "A" and this Council has
fully considered the findings made by the Planning Commission as set forth in that Resolution; and
WHEREAS, the Planning Commission discussion at the public hearing centered
around approving the General Commercial designation on 15 net acres, with a PCD (Planned
Commercial Development) zone for the northwest corner of Brimhall and Allen Roads;
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ORIGINAL
WHEREAS, the applicant rejected the option for a PCD zone; and
WHEREAS, the Planning Commission recommended denial of the proposed General
Commercial expansion at the corner of Brimhall and Allen Roads; and
WHEREAS, the applicant has requested that the City Council approve the General
Commercial designation and PCD zone for the northwest corner of Brimhall and Allen Roads which
is consistent with the intent of the Planning Commission discussion; 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 15, 2000, on the above described General Plan Amendment No. P00-0474 of the
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 the proposed project and hereby makes the
following findings:
The above recitals and findings are true and correct and constitute the Findings of
the Council, incorporated herein.
That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
That the Negative Declaration for General Plan Amendment No. P00-0474 is
recommended for approval by the Planning Commission.
That this project was the subject of a Negative Declaration and the entire
environmental record is hereby adopted and incorporated herein by reference.
That a portion of the requested General Plan Amendment P00-0474 to amend the
Metropolitan Bakersfield 2010 General PLan was recommended for approval by the
Planning Commission from HMR (High Medium Density Residential), SR (Suburban
Residential), GC (General Commercial) and R-MP (Resources- Mineral Petroleum)
to SR (Suburban Residential) on 20.9 acres with mitigation measures and conditions
of approval for the project.
That the Planning Commission discussion at the September 21,2000, public hearing
centered around recommending approval of the General Commercial designation,
with a PCD zone on 15 net acres at the northwest corner of Brimhall and Allen
Roads.
That the applicant rejected the option by the Planning Commission for a PCD zone
at the northwest corner.
ORIGINAL
10.
11,
12.
13.
14.
15.
Bakersfield as
1.
2.
That the applicant's decision to reject the option was based on a misunderstanding
that he lose processing time and the existing commercial zoning at the corner due
to not having a site plan for the commercial area.
That if the PCD zone is approved then the property owner will be required to submit
a PCD plan for the 15 net acre site.
That the intent of the Planning Commission's original recommendation for the project
would be met with the approval of the PCD on 15 net acres.
That the infrastructure exists or can easily be provided to accommodate the types
of density and intensity of the proposed development.
The northern portion of the project site is a part of an irregular shaped parcel
consisting of 144 acres that was annexed to the City of Bakersfield on August 22,
2000.
The southern portion of the project site is a part of an irregular shaped parcel
consisting of 94.5 acres that is being annexed to the City of Bakersfield.
File the Notice of Determination. Upon approval and adoption of the project, the
Planning Division of the Development Services Department is hereby directed to file
a Notice of Determination with the County Clerk of Kern County, pursuant to the
provisions of Section 21152 of the Public Resources Code and Section 15094 of the
State CEQA Guidelines adopted pursuant thereto.
As to General Plan Amendment P00~0474 the Planning Commission's
recommendation to amend the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, consisting of changes to the land use designations from HMR
(High Medium Density Residential), SR (Suburban Residential), GC (General
Commercial) and R-MP (Resources-Mineral Petroleum) to SR (Suburban
Residential) on 20.9 acres, generally located along the north side of Brimhall Road
to Rosedale Highway, between Allen Road and Jenkins Road, subject to mitigation
and conditions of approval.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of
follows:
The above recitals and findings incorporated herein, are true and correct.
The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Com mission to the City
Council, is hereby received, accepted and approved.
The Negative Declaration for General Plan Amendment No. P00-0474 is hereby
approved and adopted.
ORIGINAL
The City Council hereby approves and adopts General Plan Amendment P00-0474
of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, constituting of changes as shown on the map
marked Exhibit "B", attached hereto and incorporated as though fully set forth, for
property generally located along the north side of Brimhall Road to Rosedale
Highway, between Allen Road and Jenkins Road, subject to conditions of approval
shown on Exhibit "A". This approval is for the General Commercial designation on
15 net acres at the northwest corner of Brimhall Road and Allen Road.
That General Plan Amendment No. P00-0474, approved herein, be combined with
other approved cases described in separate resolutions, to form a single
Amendment to the Metropolitan Bakersfield 2010 General Plan.
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 ~ 15 Z0OO
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLrVAN, SALVAGGIO
COUNCiLMEMBER ~,~Ok.{~=
COUNCILMEMBER
d of the
Council of the City of Bakersfield
MORE SIGNATURES ON NEXT PAGE
APPROVED ~OV 15 ZDU0
BMOAYBO~of Bakersfield
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
CARL HERNANDEZ III
Assistant City Attorney
MO: pas
S:\GPA 3rd Qtr 2000\P00-0474 (FrCehfiCh)~RESOLU~RGPA.CC,wpd
EXHIBIT "A"
General Plan Amendment/Zone Change No. P00-0474
Mitigation Measures/Conditions of Approval
CULTURAL RESOURCES
If any human remains are discovered. all work shall stop until the Kern County Coroner has
been notified and has evaluated the remains, If any other archaeological artifacts are
discovered dudng site development all work shall stop until the find has been evaluated by a
qualified archaeologist or historian. (Mitigation).
TRAFFIC AND CIRCULATION
Along with submittal of any development plan, tentative subdivision map, or application for a lot
line adjustment, the following shall occur:
Provide fully execut d dedication for Allen Road, Brimhall Road and Jenkins Road to
areas for landscaping as directed by the City Engineer. Submit a current title report with
the dedication documents. (Condition by Public Works Dept.).
3. Upon development or division, the following conditions shall be met:
Installation of street lights shall be of the type and wattage as indicated in the revised
Engineering and Subdivision Design Manual. (Condition by Public Works Dept.).
Access to the arterial and collector streets will be limited and determined at time of division or
development, Determination of whether a right turn lane is required at the access street(s) will
also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal
will only be permitted if a signal synchronization study is submitted and epproved, which shows
progression is not adversely affected. (Condition by Public Works Dept.).
Development on the commercial site shall be subject to the Traffic Impact Fee as determined
by the traffic study for this project - $1 ,g36.38 per 1,000 SF. (Condition by Public Works Dept. ).
PLANNING
Prior to development of commercial at the northwest comer of Brimhall and Allen Roads, the
developer shall submit and receive approval of a PCD (Planned Commercial Development)
zone on 15 net acres.
S:~GPA 3rd Qtr 2000t;=00-0474 (Froeh~lch)%RESOLU%Exhibtt A ,wpd
ORIGINAL
GENERAL PLAN AMENDMENT
P00-0474
GC
ROSEDALE HIGHWAY
..........
~ R-MP TO j
. SR
I
sa
GC
PS
SR
SR I SR
ER
35, 36
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EXHl~i~r~
FILE No.89~ ~ '00 16:32 ID:CBRICHPRDELLIS"* F:AX:6616) PfiGE 2
CB [] Richard
Sap(ember 2G, 2000
Mr. Stanley Orady
Platoflag Director
City of Bakersfield
I 715 Chester Avenue
Bakersfield, CA 93301
C,O Ridguld IJli~, Inc.
RE: GPA P00-0474 and Zone Change No. P00-0474
Dear Mr. Grady:
I ,unu Palm Farms, time owner of the subject property at the northwest quadrant of Allan Road and
Brimhall Road, would like to proc~t with the Goncral Plan Amendment as noted above frDm
the September 21,2000 Planning Commiasion meeting. '
There was confusion on Mr Froehlieh's baheli'at the Commissions request to y~one the entire
property PCD inc{uding the ]0,7 acres current{y zoned C-2, Mr, Freehitch had b~n told that a
PCD zone requirr, d a site p{un and elevations which he currently does not have, His concern wu
that he was "giving up" his commercial zoning by agreeing to a PCD ~on¢ which hc was not
prepared to apply for. He did not understand that the General Plan could be amended to GC
separately and that the zoning could be obtained ai a later da~c when a plan could be submitted,
Mr. Froehlich i~ willing t'0 have a commc~rcial 7.onc of PCD on the entir~ proposed 18-acre sitc
and would like to pm~eod wiffi time mmuxation and tile GPA granting a GC desigmttion.
It is our understanding that we do not need to appea] the Zone Change No, P00-0474 to obtain
the GC plan designation and a~rce to thc PCD process fnr tile property.
I believe this is exactly what the Pitinning Commission was asking Mr. Freehitch for and hc is
certainly willing to work with them to develop u wclt-ptaun~l project.
Please call me il'you have questions or comments, otherwise I will luck Ibrward to your staff
report, Al~o, please d{stributu ~opius ofthis letter to the Planning Commission members to
clad fy thc misunderstanding,
Sinoer,~ly,
ORIGINAL