HomeMy WebLinkAboutRES NO 089-02 089-02
RESOLUTION NO.
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA P01-1022 OF
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN
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
THURSDAY, April 4, 2002, on GPA P01-1022 of 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 twenty (20) calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, GPA P01-1022, an amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan is as follows:
Michael Dhanens Architect has proposed to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the land use map
designation from SR (Suburban Residential - less than or equal to 4 dwelling
units per net acre) to LMR (Low Medium Density Residential - more than 4 and
up to 10 dwelling units per net acre) on 7.46 acres of land located adjacent on
the north side of Brimhall Road, approximately one quarter mile east of Jewetta
Avenue; and
WHEREAS, for the above-described proposal, 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 and posted on March 1,
2002, 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 the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 36-02 on April 4, 2002, the Planning Commission
recommended approval and adoption of Case No. GPA P01-1022, as shown in Exhibit "1", and
this Council has fully considered the finding 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, May 22, 2002, on the above described Case No. GPA P01-1022 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 and hereby makes the following
findings:
1. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
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 711.4 of the State of California
Department of Fish and Game Code. Additionally, the assumption of adverse
effect is rebutted by the above-reference 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 is hereby adopted for GPA P01-1022.
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.
The City Council hereby approves and adopts Case No. GPA P01-1022 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, constituting changes as shown on the map marked Exhibit
"1", and subject to Conditions of Approval as provided in Exhibit "2", attached
hereto and incorporated as though fully set forth, for property located adjacent
on the north side of Brimhall Road, approximately one quarter mile east of
Jewetta Avenue.
That Case No. GPA P01-1022, approved herein, be combined with other
approved cases described in separate resolutions, to form a single General Plan
2 ~,
Amendment.
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 CEQA Guidelines adopted pursuant thereto and a
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
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 May 22, 2002, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON. BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN. SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER h.-~,.~4,'~'¢~-~-
/~¢. CITY CLERK and Ex Of Odio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 22 ZOOt
APPROVED as to form:
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EXHIBIT 2
GENERAL PLAN AMENDMENT/ZONE CHANGE P01-1022
CONDITIONS OF APPROVAL
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a)
Provide fully executed dedication for Brimhall Road to arterial standards
for the full frontage of the area within the GPA request. Dedication shall
include sufficient widths for expanded intersections and additional areas
for landscaping as directed by the City Engineer. Submit a current title
report with the dedication documents.
b)
Submit a comprehensive drainage study to be submitted to and approved
by the City Engineer. Site any drainage retention facility to facilitate future
expansion or consolidation of drainage facilities as adjacent area
develops. The study shall be approved and any required retention site
and necessary easements dedicated to the City.
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.
Development on the site shall be subject to the Traffic Impact Fee schedule in
effect at the time of issuance of building permits.
The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidate Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area.
Provide for future access to and from the adjoining LMPJR-2 property to the
west.