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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. ,*v.**-.,,',.',..'- H,X.~ ........... q. · ~. #'.. .. ,'r..: :';';';-:-;';':':';':';-;.:'ZE ;:':.;': .~.. '..~, . · ".~. ~" '~. , . .., ~ ~;/". ".' '. ~"'t,2..'. %." :(' :. " . : ... ,Z.>' - :1". "" ,'. ' '- . ~ ~. ' 'm,, ~ ~ ~ ~ ...~.. ,.~.~,.,~'. ~ ~'~ '~ . ~:' ~,-.." .,.,,. u -'t'~.' - ~:.'. "" ~.~;.~ . r~' . ,, ,;, '.. :'~'~.;';C..'.:"'t'~.' :" "'? .,,,- "Z~- / ~:. ,Z.'~. 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