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HomeMy WebLinkAboutRES NO 11-84RESOLUTION NO. 11-84 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT IV OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 2-83). WHEREAS, the Council of the City of Bakersfield referred Segment IV of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan to the Planning Commission; and 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 December 15, 1983, on Segment II 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 ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment IV of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT IV: ATLANTIC RICHFIELD COMPANY (ARCO) has applied to change the Industrial designation on 105.7 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) for 57.2 acres, High Density Residential (17 to 45 dwelling units per gross acre) for 25.7 acres, Office for 1.8 acres and Commercial for 21 acres located on the west side of South "H" Street to Hughes Lane and the Southern Pacific Railroad between Pacheco Road on the south and White Lane on the north, as shown on map. WHEREAS, for the above-described Segment, an Initial Study was conducted, and Planning staff determined that the proposed project would not have a significant effect on the environment, and a Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the prepara- tion and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 132-83 have been duly followed; and WHEREAS, by Resolution No. 85-83 on December 15, 1983, the Planning Commission recommended disapproval and denial of Segment IV by this Council, pending preparation and review of an environmental impact report focused on concerns identified by the Planning Commission; 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 January 18, 1984, on the above-described Segment IV of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area 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 California, a newspaper of general circulation. WHEREAS, with respect to the environmental concerns identified by the Planning Commission, the Council, at its hearing on January 18, 1984, after discussion of such concerns, found as follows: 1. Schools - Greenfield School District has advised the City that it intends to apply for fees for temporary facilities for each residence constructed in the District, and the Council found that such fees would off-set any overcrowding resulting from the project. 2. Traffic, and On and Off Ramps on Highway 99 - The City's Traffic Engineer has determined, and based on such determina- tion the Council found, that no significant traffic problems should result from the project assuming that the conditions recommended in the staff report are imposed. 3. Land Use and Permitted Uses in M-1 Zones - The City's professional planning staff and Planning Director have determined, and based on such determination the Council found, that the proposed land uses are arranged in a compatible fashion within the project and impacts on surrounding neighborhoods are mitigated by the conditions recommended by the staff, including deed restrictions limiting industrial property to light industrial uses. 4. Sewer - The City Engineer has determined, and the Council found, that facilities are available to handle the sewer- age requirements of the project. 5. Water and Air Quality - There was no evidence before the City that the project will generate water and air quality to a greater extent than project. To the extent that any such problems problems as to any similar-sized result, they will not be the result of any unique features of this project, but merely the consequence of concentration of people and vehicles. The Council found that the project should not produce any significant degradation of either water quality or air quality. 6. Noise - The Council found that the design of the project and application of the standards of the proposed revised Noise Element at the subdivision and building permit stages of development will reduce any additional noise to acceptable levels; further, that noise levels within the project area are presently compatible with residential development. 7. Recreation - The Council found that recreational needs relating to the project can be met by application of Quimby Act procedures at the time of subdivision. NOW, THEREFORE, BE IT HEREBY RESOLVED and found by the Council of the City of Bakersfield as follows: herein, are 2. approved and adopted, The above recitals and findings, incorporated true and correct. The ~Jegative Declaration for Segment IV is hereby subject to the conditions set forth in paragraph 4 below. 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 and accepted. 4. The City Council hereby approves and adopts Segment IV of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, subject to the follow- ing mitigating conditions: Not more than 220 R-1 (One Family Dwelling) units shall be constructed on the 54 acres zoned R-1 in connection with this Land Use Element Amendment, and not more than 570 R-3 (Limited Multiple Family) units shall be constructed on the 26 acres zoned R-3 in connection with this Land Use Element amendment. In response to the project's high traffic genera- tion potential, traffic movements to and from White Lane and South "H" Street to the project will be limited as described below and shown on the map reviewed by the Traffic Engineer and placed on file. (1) One White Lane access point approximately 950 feet west of South "H" Street. Traffic movements will be limited to eastbound to southbound and northbound to eastbound right turns and westbound to southbound left turns. (2) Three access points on South "H" Street located approximately 700 feet, 1,600 feet, and 2,150 feet south of White Lane. Traffic movements will be limited to southbound to westbound and eastbound to southbound right turns and north- bound to westbound left turns. (3) One South "H" Street access point approximately 300 feet south of White Lane. Traffic move- ments will be limited to southbound to westbound and eastbound to southbound right turns. within twenty-four (24) months of the effective date of the zone change referred to in subparagraph D., below, or upon development of the properties zoned R-3 or C-2 by such zone change, whichever occurs first, ATLANTIC RIC}{FIELD COMPANY shall file and process to recording a parcel map or maps including the entire property covered by this Segment IV. On or before February 16, 1984, and prior to second reading and adoption of the ordinance rezoning the project area in conformance with this Land Use Element amendment, ATLANTIC RICHFIELD COMPANY shall: (1) Dedicate additional 15-foot right-of-way along the north side of Pacheco Road. (2) Dedicate additional 40 foot right-of-way on the west side of South "H" Street, or such lesser right-of-way as directed by the City Engineer. 3) Post with the City Engineer a contract and surety bond, payable to the City, in an amount specified by the City Engineer, for the removal of all obstructions or encroachments from the proposed additional right-of-way on Pacheco Road and South "H" Street, within three years from the effective date of the zone change or at such earlier time as the City Engineer may determine with six months' advance written notice. (4) Post with the City Engineer a contract and bond, payable to the City, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), assuring payment to the City of such amount not later than three (3) years after adoption of the ordinance implementing such zone change, which amount represents ATLANTIC RICHFIELD COMPANY'S share of the cost of upgrading the existing traffic signal at White Lane and South "H" Street to a full "8 phase" signal configuration and of accelerating the need for traffic signals at the intersections of Pacheco Road and South "H" Street, Pacheco Road and }{ughes Lane, and White Lane and Hughes Lane. (5) Record, and provide the City's Planning Director with a recorded copy of, deed restrictions limiting the use of the industrial properties to light industrial (i.e. office/warehouse) and commercial service uses, compatible with adjacent residential uses. The deed restric- tions shall be submitted to the Planning Director for approval prior to recording. Should the conditions to be met by February 16, 1984, specified in paragraphs D(1) through D(5) above, not be satisfied by 5:00 p.m. that date, Segment IV of this Land Use Element Amendment shall be deemed disapproved and denied. 5. That upon satisfaction of the conditions set forth in paragraphs D(1) through D(5) above, that this Segment IV of the proposed amendment to the Land Use Element be combined with other segments approved and adopted by this City Council, as set forth in separate resolutions, to form a single Land Use Element Amendment, 2-83. .......... o0o .......... I HEREBY passed and adopted by the Council of regular meeting thereof held on the 19 84 , by the following vote: CERTIFY that the foregoing Resolution was the City of Bakersfield at a 18th day of January , ASSISTANT/CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AP~R~D2this 18th day of Janaury MAYOR~'the City of Bakersfield , 19 84 APPROVED as to form: ' Bakersfield AJS/bl 6. / C0~4 - HIGH DENS !!TO LOW DENS RES /'~0oo' ~v PACHECO ROAD LAND USE ELEMENT AMEHDMENT 2-83 SEGMENT IV FROM INDUSTRIAL TO LOW DENSITY RESIDENTIAL, HIGH DENSITY RESIDENTIAL, OFFICE AND COHMERCIAL. h4AP I 1 ?