HomeMy WebLinkAboutRES NO 45-78RESOLUTION NO. 45-78
RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS AND APPROVING
AMENDMENT TO THE LAND USE ELEMENT OF THE
BAKERSFIELD METROPOLITAN AREA GENERAL PLAN.
WHEREAS, the Planning Commission of the City of Bakersfield,
in accordance with the provisions of Section 65351 of the Government
Code held a public hearing on April 19, 1978, on proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area General
Plan, notice of the time and place of the hearing having been given
at least 10 calendar days before the hearing by publication in the
Bakersfield Californian, a newspaper of general circulation published
and circulated in the City; and
WHEREAS, by Resolution No. 15-78, adopted on April 19,
1978, the Planning Commission of the City of Bakersfield made find-
ings and approved the hereinafter described Amendment to said Land
Use Element and in accordance with Section 65354 of the Government
Code transmitted its Report to the City Council on May 4, 1978; and
WHEREAS, the Council of the City of Bakersfield, in accord-
ance with the provisions of Section 65355 of the Government Code
held a public hearing on May 17, 1978, on proposed amendment to the
said Land Use Element, notice of the time and place of the hearing
having been given at least 10 calendar days before the hearing by
publication in the said Bakersfield Californian.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as
follows:
I
II
That the above recitals are true and correct.
That the proposed amendment to the Land Use Element
of the Bakersfield Metropolitan Area General Plan, consists of the
following ten (10) segments or areas, as shown on the maps attached
hereto and the staff report:
Segment 1: Incorporate the land use designations of low-
density residential, commercial, agricultural and industrial for
the area generally located south of College Avenue to the easterly
extension of White Lane, and from the north/south centerline of the
Municipal Farm easterly for two miles, as shown on the map.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19, 1978, and approved by this
City Council on May 17, 1978, in accordance with CEQA, State EIR
Guidelines and City Resolution No. 24-77.
Segment 2: Incorporate land use designations of low-
density residential, commercial, agricultural and industrial for
the area generally located south of Route 58 to the Arvin-Edison
Canal and from Union Avenue easterly to the southerly extension of
Oswell Street, and the area along the Arvin-Edison Canal westerly
to the southern boundary of the Stockdale No. 10 Annexation, along
Pacheco Road to Buena Vista Roadj as shown on the map.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19, 1978, and approved by the
City Council on May 17, 1978, in accordance with CEQA, State EIR
Guidelines and City Resolution No. 24-77.
Segment 3: Incorporate land use designations of high-
density residential on both sides of Columbus from Christmas Tree
Lane to Panorama Drive as shown on the map.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19~ 1978, and approved by the
City Council on May 17, 1978, in accordance with CEQA, State EIR
Guidelines and City Resolution No. 24-77.
Segment 4: Incorporate land use designation of low-
density residential for the area along the south side of Auburn
from Maywood to Piper Way.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19, 1978, and approved by the
City Council on May 17, 1978, in accordance with CEQA, State EIR
Guidelines and City Resolution No. 24-77.
Segment 5: Incorporate land use designation of commer-
cial for the area southerly of Auburn Street on the east and west
sides of the future alignment of Fairfax, as shown on the map.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19, 1978, and approved by the
City Council on May 17, 1978, in accordance with CEQA, State EIR
Guidelines and City Resolution No. 24-77.
Segment 6: Incorporate Land use designation of commercial
and office for the 14.6 acres on the northwest corner of Ming Avenue
and New Stine Road as shown on the map.
a. That by Resolution No. 13-78, adopted
April 19, 1978, the Planning Commission made certain findings and
recommended certification by the City Council of completion of the
Final EIR for this segment of the amendment to the Land Use Element
and including the proposed zone change from R-3 to Planned Commer-
cial Development.
b. That by Resolution No-41-78, adopted by
the City Council on May 10, 1978, the Council did declare that it
had reviewed, evaluated and considered the information contained
in the Final EIR and certified that the Final EIR had been completed
in compliance with CEQA, State EIR Guidelines and City Resolution
No. 24-77 re the proposed general plan amendment and zone change
application for said 14.6 acres located at the northwest corner of
New Stine Road and Ming Avenue.
c. That the Final EIR identified certain
significant environmental effects, e.g. (1) loss of the serene
quality of the present park use replaced by a shopping center:
found that this loss will occur even if the proposal to change the
land use designation is denied, because multi-family development
is permitted by the existing R-3 zoning~ (2) potential incompati-
bility of the proposal with surrounding residential area; (3) extend-
ing Cypress Point Drive to intersect New Stine Road disruptive to
traffic flow; (4) excessive number of access drives; the Final
EIR is referred to for full discussion of significant environmental
effects.
d. It is hereby found that alterations
should be made in the project which will mitigate or avoid signifi-
cant environmental effects as identified in the Final EIR:
(1) Cypress Point Drive shall not be
permitted to extend to New Stine Road in connection with this pro-
ject.
(2) Courtleigh Drive shall not be per-
mitted to extend to Kirkside Drive in connection with this project.
(3) The basic plan for the commercial
and office complex, submitted by the project sponsors shall be sub-
stantially complied with under any exceptions as noted above, in
accord with PCD zoning restrictions.
(4) Assurance shall be made of a smooth
traffic flow into, in and around the commercial and office project
and the number of access drives shall be reasonably limited and
signals at intersections shall be carefully synchronized.
(5) Solid fencing along the north and
west boundaries shall be constructed.
(6) Heavy_ landscaping shall be employed
to create sound barriers at appropriate locations.
Segment 7: Incorporate land use designation of commercial
for the area on the northwest and southwest corners of Ming Avenue
and South "H" Street, as shown on the map.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19, 1978, and approved by this
City Council on May 17, 1978, in accordance with CEQA, State EIR
~uidelines and City Resolution No. 24-77.
Segment 8: Incorporate land use designations of agricul-
ture, low-density residential, commercial and industrial for the
Wible No. 2 Annexation bounded on the west by the present city
limits, on the east by South "H" Street, on the north by Pacheco
Road and on the south by the Arvin-Edison Canal and incorporates,
as a matter of consistency, the county zoning that prevails in the
area easterly of Highway 99, southerly of Panama Lane and westerly
of "H" Street.
a. That by Resolution No. 48-77, adopted by
the City Council on June 20, 1977, the Council certified the com-
'pletion of the Final EIR for the proposed annexation to the City of
Bakersfield designated as Wible No. 2, in compliance with CEQA, State
EIR Guidelines, and City Resolution No. 24-77.
b. That Resolution No. 48-77 stated that the
land use in the said area is undergoing a change from agriculture to
urban uses, and that the change will occur whether the property is
developed in the City or County; that the land use upon annexation
is similar to uses permitted in the County before annexation and
that any environmental effects are similar whether the project is
under County or City jurisdiction; that the zoning was to agricultural,
R-1 or low-density use, C-2 or commercial uses, M-1 and M-2, to
industrial uses.
Segment 9: Incorporates land use designation of low-density
residential for the area described as Section 18, Township 30 South,
Range 27 East, M.D.B.& M.
a. That by Resolution No. 25-78, adopted by
the City Council on March 15, 1978, the Council declared it had
reviewed, evaluated and considered the information contained in the
Final EIR, made findings and certified that the Final EIR had been
completed in compliance with CEQA, State EIR Guidelines and City
Resolution No. 24-77, regarding Stockdale No. 10 Annexation, this
particular segment of the amendment to the land use element and
zoning for the area annexed. Section 18 was included in the Final
EIR for the purpose of including such section of land in the amend-
ment of the land use element; reference to said Resolution No. 25-78
is referred to for further findings made by this Council.
Segment 10: Incorporate land use designation of commer-
cial for approximately four acres of land located on the northeast
corner of Panama Lane and Stine Road.
a. Negative Declaration approved and adopted
by the Planning Commission on April 19, 1978, and approved by this
Council on May 17, 1978, in accordance with CEQA, State EIR Guide-
lines, and City Resolution No. 24-77.
III That the Amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan, consisting of the above-
described segments, and as shown in the staff report and on maps
attached hereto, are hereby approved in accordance with Section
65357 of the Government Code.
IV That such Land Use Element Amendment shall be endorsed
by the Planning Director to show that it has been adopted by this
City Council.
o0o
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 the 17th day of May, 1978, by the following
vote:
AYES: COUNCI U, A~-N B/,,n, TON' C'. I~ISTENSEI'J, M:ODE2S, ,%'~TTY, ~ZOGERS, SCB~LES, STRONG
NOES: COU;~C~[ '.','2: a: _._ ~ ~
Council of th~ity of Bakersfield
APPROVED this 17th , of May, 1978
~A~~~ty of A e Bakersfield
the
APPROVED as to form:
of the,'eity of Bakersfield
STAFF REPORT FOR GENERAL PLAN AMENDMENT
According to Section 65361 of the Goverr~ent Code, a mandatory element
of the General Plan can be amended no more than three times' in one year'. The
Planning Commission heard the first 1978 amendment to the La~d Use Element
on April 19, 1978.
As the Council will recall, the months of April, August, and December
were established as the times in which the Planning Commission would hear
the three possible amendments.
There are ten segments to this proposed amendment. The details and
specific recommendations for each proposed segment are as follows:
78-1 SEGMENT' 1
,GENERAL PLAN AMENDMENT
The Bakersfield Metropolitan Area General Plan was adopted by the City
Council in November,. 1961. It reflects in general terms the land uses that
basically prevail in the Metropolitan Area of Bakersfield.
Because of recent annexations to the east, south, and west of Bakers-
field, it is prudent to expand the existing boundaried of the Metropolitan
General Plan past those limits'now specified.
The attached map shows the proposed addition of this segment to the
City of Bakersfield Metropolitan'Area General Plan.
The area to be included is generally located South of College Avenue
to the easterly extension of White Lane, and from the North/South center-
line of the Municipal Farm easterly for two miles. It is proposed that we
incorporate specific land use nomenclatures of low-density residential, com-
mercial, agricultd~al and industrial into the Bakersfield Land Use Element.
REC'OMMENDATION
Approve and adopt the Negative Declaration and this segment of the
General Plan.
78-1 SEGMENT 2 '
This change is similar to 78-1 Segment J. It expand~ the land use nomen-
clatures along the eastern fringes of Bakersfield to include the southeast
portion of Greater Bakersfield. The attached map shows the proposed addition
of this segment to the City of Bakersfield Metropolitan Area General Plan.
The area to be included is generally located south of Route 58 to the
Arvin-Edison canal and from Union Avenue easterly to the southerly extension
of Oswell Street. It also includes the area along the Arvin-Edison canal
westerly to the southern boundary of the Stockdale No. 10 Annexation, along
Pacheco Road to Buena Vista Road. It is proposed that we incorporate the
specific land use nomenclatures of low-density residential, commercial,
agricultural, and industrial into the Bakersfield Metropolitan Land Use
Element..
.RECOMMENDATION
Approve and adopt the Negative Declaration and this segment of' the
General Plan.
78~1 SEGMENT
The area north of Christmas Tree Lane to Panorama Drive along both sides
of Columbus is zoned R-3-D. Apartment complexes are scattered on both sides
of Columbus along this entire street section. The Metropolitan Plan depicts
both high-density residential and low-density residential along the street
section. Staff proposes to indicate the area on either side of Columbus from
Christmas Tree Lane to Panorama Drive as high-density residential to better
reflect the zoning and existing land use.
RECOMMENDATION
Approve and adopt the Negative Declaration and this segment of the
General Plan.
78-! SEGMENT 4
The development that is taking place along the south side of Auburn from
Maywood easterly to Pepper Way consists of single family dwellings with common
walls and is low-density (five or less dwelling units per acre). The Metro-
politan Plan shows this area as high-density residential. It is proposed that
this area be depicted at low-density residential.
RECOMMENDATION
Approve and adopt the Negative Declaration and this segment of the
General Plan.
78-t SEGMENT 5
The property southerly of Auburn Street on the east ~nd west sides of
the future alignment of Fairfax is zoned C-1-D. The Metropolitan Plan de-
picts the area as high-density residential. It is proposed that this area
be shown as commercial rather than high-density residential to better re-
flect the existing zoning.
RECOMMENDATION
Approve and adopt the Negative Declaration and this segment of the
General Plan.
78-1 SEGMENT 6
An Environmental Impact Report was written for this proposed General
Plan Amendment. The applicant (i.e. Cutbirth-Sill-Caratan Development Com-
pany) requested that the Bakersfield Metropolitan Area GeDeral Plan be amended
to depict a commercial use on the northwest corner of Ming Avenue and New
Stine Road rather than the existing medium-denSity residential.
The project description is as follows:
The site is currently zoned R-3-D (Limited Multiple Family
Dwelling-Architectural Design). The project sponsors are
proposing an ll.l-acre commercial center, and a 3.5-acre
office complex. Because the site is designated as residen-
tial'on the Bakersfield Metropolitan Area General Plan, the
proposed use requires a General Plan Amendment from medium-
d~nsity residential to a commercial designation and subse-
quent rezoning from R-3-D to PCD (Planned Commercial De-
velopment).
The project at full development would contain 111,000 square feet of
commercial uses, primarily retail, in six major structures. Two additional
structures on the hortherly portion of the site Would contain 50,800 square
feet of office space.
The staff submits the following to be considered in'~pproving or denying
the request: %
FOR: The property located at the intersection of two major highways.
A Planned Commercial Development plan has been submit'ted with
the amendment request.
The. majority of property owners and residents in the immediate
area have supported the proposed commercial development over a
large apartment complex on subject property. (Considerations
outlined in EIR).
AGAINST:
Tenneco, the prior owner of t~e property in question,
developed the College Land Use plan based on subject
property being developed as a church related complex.
The city subsequently adopted the State College Area
General Plan by incorporating that plan into the Bak-
ersfield Metropolitan Area General Plan.
Tenneco has developed their properties in accordance
with their original land use plan. St~ff questions
the advisability of the city granting a subsequent
property owner the right to make a major change from
multi-family residential to commercia. (Considerations
outlined in EIR).
RECOMMENDATION
To be determined by the City Council. If'approved, amendment should be
subject to the Planned Commercial Development Plan criteria with the provision
that Cypress Point Drive NOT be permitted to connect with New Stine Road.
78-1 SEGMENT 7
The land uses that presently prevail on the northwest and southwest
corners of Ming Avenue and South "H" Street are commercial and are zoned
as such whereas, the Metropolitan Plan designates the area as low-density
residential. In order to better reflect the actual land use and zoning,
staff proposes to designate the existing commercial uses on the northwest
and southwest corners of South "H" Street and Ming Avenue as commercial
rather than low-density residential.
RECOMMENDATION
/
Approve and adopt the Negative Declaration and this segment of the
General Plan.
78-1 SEGMENT 8
This amendment incorporates the land use designations app~oved in the
Wible #2 EIR. It also incorporates the County zoning that prevails outside
the existing boundaries of the Bakersfield Metropolitan Area General Plan.
Therefore, staff proposes to incorporate the specific land use designations
a~ approved in the Final EIR for Wible #2 Annexation and as shown on the
attached map.
RECOMMENDATION
/
Approve and adopt this segment of the General Plan.
78-1 SEGMENT 9
Section 18, Township 30 South, Range 27 East is not 'included in the
existing Bakersfield Metropolitan Area Land Use Plan. The Stockdale #10
Annexation EIR evaluated the environmental consequences of adding this
640 acres to the Metropolitan Plan. The EIR was formerly approved by the
Planning Commission and certified by the City Council.
REC OMMENDAT I ON
Approve and adopt this segment of the General Plan.
78-1 SEGMENT
The area included in this segment was recently aDnexed to the city of
Bakersfield as Panama Lane #1. The applicant (Regional Mortgage Co.) has
requested a change in land us~ for a 4+ acre parcel of land located on the
northeast corner of Panama Lane and Stine Road. The specific amendment-
requested by the applicant is to designate the northeast corner of Panama
Lane and Stine Road as commercial rather than low-density residential.
RECOMMENDATION
Approve and adopt the Negative Declaration and this setment of the
General Plan.
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