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HomeMy WebLinkAboutRES NO 088-02RESOLUTION RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING OF PROPOSED AMENDMENTTO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 20t0 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 P01-1019 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 at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment P01-1019 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P01-1019 Castle & Cooke California Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan 70-97 as follows: A General Plan Amendment consisting of a change from HMR (High Medium Density >7.26 and _~ 17.42 Dwelling Units Per Net Acre ) to LR (Low Density Residential _<7.26 Dwelling Units Per Net Acre) on 17.67 acres located along the northwest corner of Stockdale Highway and the Jewetta Avenue alignment, west of the Rio Bravo Canal and east of Allen Road and from LR (Low Density Residential) to LMR (Low Medium Density Residential >4 and ~10 Dwelling Units Per Net Acre) on 43.45 acres, located along the south side of the Kern River Freeway Specific Plan Line, the easterly side of the Rio Bravo Canal and the westerly side of the Jewetta Avenue alignment; Deletion of Mitigation Measure/Condition Number 29 of City Council Resolution No. 70-97 and such condition is as follows: 29. "The applicant has offered to dedicate the 20-foot wide equestrian easement along the east side of Allen Road (at the Rio Bravo Spreading Grounds) southerly to Stockdale Highway, then easterly to the Cross Valley Canal, subject to the approval of the Planning Director, prior to the issuance of a building permit for the project. Further, that Castle & Cooke will dedicate a one acre site, for a "staging" area and picnic area, prior to the issuance of a building permit for the site. Castle & Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses, subject to the approval of the Planning Director, within three years from commencement of the project. If the policy for park development credit is adopted for trails by the City of Bakersfield, the city will recommend that North Bakersfield Recreation & Park District give the applicant park credit for the "staging" area improvements, which are provided in excess of $30,000. The one acre site for the "staging" area is located north of the ;~ ~-~ intersection of Stockdale Highway and the Cross Valley Canal"; and ~- -~RIGINA~ 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 (with mitigation)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 No. 34-02 on April 4, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment P01-1019 subject to conditions of approval and mitigation measures 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 P01-1019 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 cimulation; and 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. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 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 and to amendments to Condition No. 29 of City Council Resolution No. 70-97 agreed upon during this Planning Commission public hearing of April 4, 2002. 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 2 ~ 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. The Negative Declaration for General Plan Amendment P01-1019 is hereby approved and adopted. 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 General Plan Amendment P01-1019 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked "2" for property generally located between the Kern River Freeway Specific Plan Line, Stockdale Highway, the Kern River, Allen Road and Calloway Drive subject to conditions of approval and mitigation measures shown on Exhibit "1", attached hereto and incorporated as though fully set forth. Amendments to Condition No. 29 of City Council Resolution No. 70-97 are hereby made as follows: 29. "Prior to recordation of any tract or parcel map within the South of Brimhall Project area, the applicant shall dedicated a 20 foot wide equestrian easement starting from a point on Allen Road (at the Rio Bravo recharge area) to a point on the City of Bakersfield property adjacent to the Cross Valley Canal (subject to approval of the Planning Director). Further, that Castle & Cooke will dedicate and improve a one acre site, for a "equestrian staging" area and picnic area, prior to recordation of any tract in the South of Brimhall Project area. Castle & Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses, subject to the approval of the Planning Director. If the policy for park development credit is adopted for trails by the City of Bakersfield, the city will recommend that North Bakersfield Recreation & Park District give the applicant park credit for the equestrian staging area improvements, which are provided in excess of $30,000. The one acre site for the "equestrian staging" area is located north of the intersection of Stockdale Highway and the Cross Valley Canal. The applicants obligation to make improvements as depicted in Exhibit "A" may be waived upon payment of $30,000.00 to the City ( to cover some of the City's cost to construct a "equestrian staging" and picnic area). The "South of Brimhall" area is defined as that area bound by Allen Road, Stockdale Highway, Jewetta Avenue and the Kern River Freeway". That General Plan Amendment P01-1019, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land 3 Use Element Amendment. ......... O00 ........ 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 ~ ~' ~".~ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNClLMEMBER ~. COUNClLMEMBER CITY CLERK and Ex Offic~ Clerk of the Council of the City of BakerSfield APPROVED MAY 2 ?, 2002 HMAA~ERYofE[hHeA~t~ of ~a ke-rsfie/id APPROVED AS TO FORM: 4 ©RIGINA~ \ ORIGINAL EXHIBIT "1" Mitigation Measures/Conditions of Approval General Plan Amendment / Zone Change P01-1019 Mitigation Measures (From South of Brimhall Road Project EIR) Mitigation Measures: Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the measures that shall be completed during asphalt paving will comply with SJVUAPCD Rule 4641. The construction grading plans shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The construction grading plaqs shall include a statement that work crews will shut off construction equipment when not in use. 6. The project applicant shall incorporate the following in building plans. Solar or Iow-emission water heaters shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient Iow-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in each of the proposed commercial areas. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and the City ORIGINAl. GPA/Zone Change PO 1 - 1019 January 28, 2002 Page 2 of Bakersfield Development Services Department Prior to recordation of tract maps, all abandoned oil wells shall be identified, tested for leakage, and, if necessary, re-abandoned in accordance with Department of Oil and Gas procedures to avoid gas migration impacts. Prior to recordation of tract maps, all idle and producing oil wells on the project site shall be enclosed by block walls to reduce the potential for accidents. 10. Prior to recordation of tract maps, the project applicant shall provide setbacks from idle and producing oil wells in accordance with the City's municipal code. The setbacks shall be a minimum of 100 feet for residences and a minimum of 300 feet for assembly, education, and institutional occupancies. 11. Prior to issuance of building permits, all oil-contaminated soil shall be remediated to the satisfaction of the local Unified Program Agency (The Office of Environmental Services-Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or California Department of Toxic Substances Control. Conditions Of Approval Public Works Department Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Jewetta Avenue and Stockdale Highway to arterial standards for the full frontages of the area within the GPA request. Dedications 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. 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. GPA/Zone Change PO 1 - 1019 January 28, 2002 Page 3 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. The 17.67 acre portion of this GPA/ZC is also subject to the requirements of GPNZC P96-0287. RED:djl S:\Dole\P01-1019\conditions.wpd ,- ORIGINAL ALLEN ROAD rrl z .-I 'o I