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Home My WebLink AboutRES NO 085-02RESOLUTION NO. 0 8 5 ' 0 2 RESOLUTION MAKING FINDINGS ADOPTING A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT NO. P01-0822 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 4). 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, April 1, 2002, and THURSDAY, April 4, 2002, on the proposed General Plan Amendment No. P01-0822 of a 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, such General Plan Amendment No. P01-0822 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P01-0822: Floyd Hinesley has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes as follows: Land Use Designation Amendment from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 38 acres located northeast of Noriega Road and Allen Road; and WHEREAS, for the above-described project, 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 for the project in accordance with the California Environmental Quality Act (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, by Resolution No. 22-02 on April 4, 2002, the Planning Commission recommended approval and adoption of a portion of General Plan Amendment No. P01-0822 subject to conditions and mitigation measures listed in Exhibit "1" 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, May 22, 2002, on the above described General Plan Amendment No. P01-0822 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 City Council has considered the proposed project and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the City Council, incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. P01-0822 is recommended for approval by the Planning Commission. That this project was the subject of a Negative Declaration and the entire environmental record is hereby adopted and incorporated herein by reference. That the requested General Plan Amendment P01-0822 to amend the Metropolitan Bakersfield 2010 General Plan was recommended for approval by the Planning Commission from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 38 acres with mitigation measures and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the proposed development. 7. The project site is being annexed to the City of Bakersfield. File the Notice of Determination. Upon approval and adoption of the project, 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 State CEQA Guidelines adopted pursuant thereto. As to General Plan Amendment No. P01-0822 the Planning Commission's recommendation to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designation from R-IA (Resource Intensive Agriculture) to LR (Low Density Residential) on 38 acres, located northeast of Noriega Road and Allen Road, subject to mitigation and conditions of approval. 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. 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. 2 The Negative Declaration for General Plan Amendment No. P01-0822 is hereby approved and adopted. The City Council hereby approves and adopts General Plan Amendment No. P01- 0822 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting of changes as shown on the map marked Exhibit "2", attached hereto and incorporated as though fully set forth, for property located northeast of Noriega Road and Allen Road, subject to conditions of approval shown on Exhibit "1". That General Plan Amendment No. P01-0822, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. ......... 000 ........ 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 2 P. Z00~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCtLMEMBER CITY CLERK and Ex Officio~lerk of the Council of the City of Bakersfl'eld APPROVED MAY 22 HARVEY L. HALL MAYOR of the CiW"of Bakersfield / APPROVED AS TO FORM: BART J. THILT/G/EN City Attorney / MO: S:\GPA 1st Qtr 2002~P01-O822\Resol~cc , RGPA.wpd ~)RIGINAi EXHIBIT 1 Conditions of Approval General Plan Amendment/Zone Change No. P01-0822 Archaeolo(~ical Resources: There are no recorded cultural resources with the project site, and it is not known if resources exist there. There are two recorded cultural resources within a one-mile radius of the project site. Therefore, prior to ground disturbance, a qualified professional archaeologist shall conduct a field survey of the entire 40-acre parcel of land. Any recommendations from the qualified archaeologist shall be preformed prior to construction. (Mitigation Measure) Cultural Resources: If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. (Mitigation Measure) Water Resources: The property owner shall enter into a Tract Agreement with Vaughn Water Company to provide for, among other things, payment for all costs connected with supplying the Tract with water. The property owner shall advise the Vaughn Water Company in ample time prior for the Tract Agreement execution. Pursuant to the Tract Agreement, the property owner's contractor, which shall be approved by the Vaughn Water Company, shall under no conditions may construction begin until the Tract Agreement is fully executed and the property owner has met the conditions specified in said Tract Agreement. (Mitigation Measure) As specified in the Tract Agreement, a licensed civil engineer which is acceptable to the Vaughn Water Company would, on behalf of the property owner, prepare the water plans and specifications. After those plans and specifications have been approved by the Vaughn Water Company's engineer and general manager, they shall be subject to further review and modification if construction is not commenced pursuant to the Tract agreement within six months of approval of the plans and specifications. (Mitigation Measure) '~3RIGINA; Exhibit 1 GPNZC P01-0822 Conditions of Approval Page 2 = The property owner shall construct the following Technical Considerations as follows: Technical Considerations: a. The existing 12" main line on Noriega Road shall be extended west of the Tract boundary. b. The existing 12" main line an Allen Road shall be extended north on Allen Road to the south Tract boundary. c. The final piping design through the Tract will be sized to meet fire flows to the north side of the Tract and beyond. (Mitigation Measure) Public Works: All development or subdivisions within the project area shall be to City of Bakersfield requirements and to City ordinances, standards and policies. (Condition). Unless otherwise indicated, this site shall be subject to those applicable requirements of General Plan Amendment #3-94, Segment 5, and Zone Change 5580, as shown on Ordinance No. 5620 approving the zone change. (Condition). Oil Well Requirements: The Department of Conservation, Division of Oil, Gas and Geothermal Resources (Division) recommends that the abandonment of"Tenneco-Quintana-Hageman" 13 oil well meetthe Division's requirements and standards for abandonment. The abandoned well will not need to be exposed and tested for leakage at this time. However, should further development be planned for the site that will result in the construction of a structure within fifty feet of the well, the Division must be contacted to investigate the condition of the wellhead and check for leakage. Remedial operation my be required at that time, at developers expense. S:\GPA 1st Qtr 2002\P01-0822~Admin SR\Cond App,wpd EXHIBIT 2 LOCATION MAP (~0 Z W Z W 5 ~ ~nN~AV V~I.aAAg,[ 5 5 5 W