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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: BART THILTGE~I~ CitYBy: Att°rney~'/.~¢~,-,~- ' / ~, S:\GPA 1st Qtr 2002~P01-1022\RGPA,CC P01-1022 wpd JEWEl'FA F OLD ' I ~D COUNTY AVENUE ROAD C ITl Z m Z.~ 1:::2'-' 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.