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HomeMy WebLinkAboutRES NO 086-02RESOLUTION NO. 086- 02 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING 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 MONDAY, APRIL 1,2002 and THURSDAY, APRIL 4, 2002 on General Plan Amendment P01-1014 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 ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general cimulation; and WHEREAS, such General Plan Amendment P01-1014 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P01-1014 The Lusich Company has applied for a General Plan Amendment from LMR (Low Medium Density Residential >7.26 and _< 17.42 Dwelling Units Per Net Acre) and HR (High Density Residential (>17.42 and _<72.6 Dwelling Units Per Net Acre) to LR (Low Density Residential _<7.26 Dwelling Units Per Net Acre) on 98.39 acres; 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 a Negative Declaration 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 the city staff and the Planning Commission; and WHEREAS, by Resolution 24-02 on Apdl 4, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment P01-1014 subject to conditions listed 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 General Plan Amendment P01-1014 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 ORIGli~'t~- WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Based on the initial study and comments received, staff has determined that the proposed project could 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. The public necessity, general welfare and good planning practices justify the amendments to the Land Use Element of 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 of the Sate of California 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. 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 for General Plan Amendment P01-1014 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 P01- 1014 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 "2" for property generally located east of Wible Road between Berkshire Road and Hosking Road subject to conditions of approval shown on Exhibit "1", attached hereto and incorporated as though fully set forth. 2 ORIGINi 5. That General Plan Amendment P01-1014, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. 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 I~AY 2 2 Z00Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, B~,MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER I~. COUNCILMEMBER CITY CLERK and Ex offi~(~ C~rk of the Council of the City of Bakersfiet'd APPROVED MAY 2 2 2002 H.~R~"EY L. HAL[/ MAYOR of the C~of Bakersfield /- APPROVED AS TO FORM: RED 3 ~)RIGINAL EXHIBIT "1" General Plan Amendment/Zone Change P01-1014 Conditions Of Approval Public Works Deoartment Prior to an application being deemed complete for land division, development, boundary adjustment, or other approval for the GPA/ZC site, the following shall be completed to the satisfaction of the City Engineer: Submit an overall sewer and drainage plan for the entire project site for review and approval by the City Engineer. In siting the ultimate retention area, consideration is to be given to possible consolidation of retention basins as adjacent areas are developed. A drainage easement for the retention basin site of a size and configuration to meet ultimate retention requirements Test results that show the ultimate retention site exceeds minimum infiltration requirements. With the first subdivision, the entire project area shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion of the entire GPNZC site in the Consolidated Maintenance District. Unless otherwise directed by the City Engineer, with the first subdivision fronting on Hosking Avenue, construct Hosking Avenue to arterial standards along the entire frontage of the GPNZC area. Each lot within the entire subdivision shall pay its proportionate share of the major improvements. Unless otherwise directed by the City Engineer, with the first subdivision fronting on Berkshire Road, construct Berkshire Road to local standards to tie into existing improvements west of the project site. Access to the arterial street will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access points (streets or drives) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 7. If irrigation lines or ditches will be within the ultimate street rights of way, then the ORIGINAi applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of- way. RED S:\Dole\P01-1014~Exhibit 1 Conditions Mod.wpd ORIGIN~ m z !