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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; rft 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 ~ T29S, R2.6E = 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