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Home My WebLink AboutRES NO 21-99RESOLUTION NO. 2 I" 9 9 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT CASE NO. P98-0833). 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, DECEMBER 14 and THURSDAY, DECEMBER 17, 1998 on 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from Low Density Residential to General Commercial on 3.08 acres located at the southwest corner of Brimhall Road and Carloway Drive; and WHEREAS, for the above-described amendment, an Initial Study was conducted, and it was determined that the proposed project would not have a significant effect on the environment, and a Negative Declaration with mitigations was prepared; 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 City staff and the Planning Commission; and WHEREAS, by Resolution No. 146-98 on December 17, 1998, the Planning Commission recommended approval and adoption of this General Plan Amendment subject to 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 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, FEBRUARY 24, 1998, on the above described 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 and hereby makes the following findings: 1. All required notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have The proposed project will not have a significant effect on the environmentOr, :}R!GINAi 4. Mitigation measures as shown on Exhibit "A" are included in the project to ameliorate impacts. 5. The proposed General Commercial designation is consistent with adjacent patterns of residential uses and proposed single family development. 6. The General Commercial designation is more consistent with land use development trends in the vicinity than is the existing Low Density Residential designation of the site. 7. The proposed land use designation is consistent with the level of circulation access and public services expected to be available in the area. 8. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration is hereby approved and adopted. 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, accepted and approved. 4. The City Council hereby approves and adopts General Plan Amendment Case No. P98-0833, a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B," attached hereto and incorporated as though fully set forth, for property generally located at the southwest corner of Brimhall Road and Calloway Drive, subject to mitigation measures shown on Exhibit "A". 5. That P98-0833, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment as the Fourth Quarter cycle. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by , by the following vote: 2 AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER GAR.6ON, DEMOND. MACCARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER cIT~ CLERK and Ex Offi~o Clerk of the Council of the City of Bakersfield APPROVED FEB 2 4~ 1999 .,, ~E~L / /!/~ BOB PR MAYOR of the ~jty of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney MJM February 16, 1999 0833\rgpa-cc EXHIBIT "A" Concurrent General Plan Amendment/Zone Change P98-0833 Recommended Mitigation Measures Future commercial development approvals on the site shall require further environmental review as appropriate in accordance with CEQA requirements. Such further review may require, but not necessarily be limited to, additional site- specific analyses such as traffic studies or an archaeological assessment and/or survey. Further review requirements shall be determined at the time any future application is submitted on any portion of the site. MJM 08233-ea EX~tIBIT "B" 0 GENERAL PLAN AMENDMENT P98-0833 8RIMHALL SR ROAD I ._ 30 29 GC ER ~ THUD C WlNOCREEK COURT R~,KS'I'ONE COURT LR C FOXGLEN COURT T2gS, R27[ L LR GC LR 32 LR RAVEN ROCK DRIVE LR ~ ~_ RAVENWOOD DRNE~ LR LR ~ S~AFFORDSHIRE: WAY u WATERBURY DRIVE: I LR RESOLUTION NO. 146-98 RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING APPROVAL OF AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN, AND TRANSMITTING REPORT TO CITY COUNCIL (LAND USE ELEMENT AMENDMENT P98-0833). WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public headng on MONDAY, DECEMBER 14 and THURSDAY, DECEMBER 17, 1998, on the 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian. a local newspaper of general circulation; and WHEREAS, the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from Low Density Residential to General Commercial on 3.08 acres located at the southwest corner of Brimhall Road and Calloway Drive; and WHEREAS, for the above-described amendment, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Negative Declaration was prepared and posted on October 30, 1998 in accordance with 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, the Planning Commission found as follows: 1. All required notices have been given. been followed. The provisions of the California Environmental Quality Act (CEQA) have 3. The proposed project will not have a significant effect on the environment. 4. Mitigation measures as shown on Exhibit "A" are included in the project to ameliorate impacts. 5. The proposed General Commercial designation is consistent with adjacent patterns of residential uses and proposed single family development. 6 Specific attributes of the site in question, including its shape, adjacency to artedal circulation routes and contiguity to a previously designated commercial area to the east adequately address the consistency of the request with the commercial development policies of the 2010 General Plan Land use Element. 7. The proposed General Commercial designation is more consistent with land use development trends and existing site constraints in the vicinity than is the existing Low Density Residential designation of the site. 8. The proposed land use designation is consistent with the level of circulation access and public services expected to be available to the site. 9. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. The Negative Declaration for GPA P98-0833 is hereby approved. 3. As to the proposed amendment to the Land Use Element, consisting of changes as shown on attached map (Exhibit "B") located at the southwest corner of Brimhall Road and Calloway Drive, the Planning Commission hereby recommends adoption of said amendment, subject to the mitigation measures shown on Exhibit "A", and recommend same to City Council. On a motion by Commissioner Brady and seconded by Commissioner Ortiz, the Planning Commission approved the foregoing, and recommend same to the City Council by the following roll call vote: AYES: Commissioners Boyle, Brady, Dhanens, Kemper, Ortiz, Tavorn, Tkac NOES: None ABSENT: None I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Planning Commission of the City of Bakersfield at a regular meeting thereof held on the 17th day of December, 1998. DATED: December 17, 1998 PLANNING COMM SION OF Planning Commission EXHIBIT "A" Concurrent General Plan Amendment/Zone Change P98-0833 Recommended Mitigation Measures Future commercial development approvals on the site shall require further environmental review as appropriate in accordance with CEQA requirements. Such further review may require, but not necessarily be limited to, additional site- specific analyses such as traffic studies or an archaeological assessment and/or survey. Further review requirements shall be determined at the time any future application is submitted on any portion of the site. MJM 08233-ea EXHIBIT "B" COUNT'Y CID' GENERAL PLAN AMENDMENT P98-0833 SR BRIMHALL ROAD LR 0 400 SCALE IN FEET T29S, R27E I_ LR , _ 30 29 32 Z <~ LR GC LR O INDCREEK COURT LR OOKSTONE COURT LR C FOXGLEN COURT ER ~~"LR >- 0 O-- Z m LR C- RAVENROCK DRIVE ~ -- W LR ~z _>-- ,. LR c~_ RAVENWOOD DRIVE,.~ ,., _j I"- n,' Z LR m S~FFORDSHIRE WAY o ~, LR u WATERBURY DRIVE I LR 39405