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Home My WebLink AboutRES NO 146-02RESOLUTION NO. ] 4 6 - 0 2 RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. P02-0316 OF THE PROPOSED AMENDMENTTO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 7). 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, June 17, 2002, and THURSDAY, June 20, 2002, on General Plan Amendment No. P02-0316 of a proposed amendment to the Land Use Element of the 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. P02-0316 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P02-0316: Mark Costa 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 and LR (Low Density Residential) to OC (Office Commercial) on 4.12 acres. The project site is located along the north side of Ming Avenue to June Avenue, generally west of Anita Lane; 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 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. 67-02 on June 20, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment No. P02-0316 subject to conditions and mitigation listed in Exhibit "A" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact; and WHEREAS, the applicant has submitted an appeal to the Planning Commission, decision; and WHEREAS, the appeal is to a condition of approval that would require the applicant to construct full street improvements to city standards along the frontage of the project site; and WHEREAS, the applicant in their appeal letter to the City Council states the reason for the appeal is that City Public Works staff and the applicant made agreements to exchange the dedication of the right-of-way of Ming Avenue for the City drawing plans and constructing curb, gutter, sidewalk, street paving and "drive approach tie-in" construction or reconstruction for the project site; 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, August 21,2002, on the above described General Plan Amendment No. P02-0316 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. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. 2. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. 3. That the Negative Declaration for General Plan Amendment No. P02-0316 is hereby recommended for approval. 4. The General Plan Amendment P00-0238 is hereby approved as recommended by staff including OC (Office Commercial) on 4.12 acres as requested by the applicant with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. 5. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 6. As to General Plan Amendment P02-0316 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations from LR (Low Density Residential) to OC (Office Commercial) on 4.12 acres, as requested by the applicant and shown on attached map in Exhibit "B", located along the north side of Ming Avenue to June Avenue, generally west of Anita Lane, the Planning Commission recommended that such Land Use Element Amendment of the Metropolitan Bakersfield 2010 General Plan, subject to mitigation and conditions of approval shown on Exhibit "A". NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. 2. The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment No. P02-0316 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. ORiGiNAL The appeal to the Planning Commission decision is upheld. The City Council hereby approves and adopts General Plan Amendment No. 02- 0316 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 "B", attached hereto and incorporated as though fully set forth, for property generally located along the north side of Brimhall Road generally east of Jewetta Avenue, subject to conditions of approval shown on Exhibit "A". That General Plan Amendment Case No. 02-0316, 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 ,~UR ~ 1_ ~n.~ , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNClLMEMBER CITY CLERK and Ex Officio Cle, l~ of the Council of the City of Bakersfield v - - - MORE SIGNATURES ON NEXT PAGE - - - APPROVED AUG 2 1 200Z HiVI~fV2RYo~'[hHeA~t~ ~E a ke rs fj ~O 3 APPROVED as to form: BART THILTGEN City Attorney By: MO S:\GPA 2nd Qtr 2002\0316 (Ming#9 Annex)\Res\res,gpa cc,2.doc 4 EXHIBIT A Mitigation Measures/Conditions of Approval General Plan Amendment/Zone Change No. P02-0316 Planninq: 1. The conversion of the existing homes to office commercial uses shall be done in a manner to maintain the character of the residential neighborhood. The homes shall remain single story, be architecturally compatible and shall maintain the look and character of the neighborhood. (Condition). 2. A Cultural Resources Records Search was prepared for the project site. The project site does not contain any historic and prehistoric sites. There are no known cultural resources within the project Therefore, the following shall be done on the project site. a. If cultural resources are discovered during excavation and grading activities on the project site, the contractor/developer shall stop all work and shall retain a qualified professional archeologist to evaluate the significance of the find and make an appropriate course of action. The developer/contractor shall complete the appropriate course of action recommended by the professional archeologist prior to beginning the development. (Mitigation Measure). b. Salvage operation requirements in Appendix K of the California Environmental Quality Act (CEQA) Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State Code Regulations of the Native American Heritage Commission. (Mitigation Measure). c. Should human remains be discovered at any time on any portion of the project site, work shall halt and the Kern County coroner shall be notified immediately (Section7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall be notified. (Mitigation Measure). 3. If the water service requirements exceed the capability of the California Water Service Company's existing facilities or if the extension of facilities is necessary, water service would be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure). Public Works: 4. Prior to adoption of the ordinance by the City Council, provide fully executed irrevocable offers of dedication for Ming Avenue to arterial standards and for June Avenue and Anita Lane to local 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. (Condition). ORi~,,,~IAI EXHIBIT a Mitigation Measures/Conditions of Approval GPNZC# P02-0316 Page 2 Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. (Condition). 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 Consolidated 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. (Condition). 7. Access to any office commercial use on the project site shall be limited to Ming Avenue. (Condition). MO:djl S:\GPA 2nd Qtr 2002\0316 (Ming#9 Annex)\Exhibit A.wpd EXHIBIT "B" Location Map I-- Z Ill £3~±S VNO~ -- O¥O~J W ~N~fl S~H~)IgH OR,~,NAL EXHIBIT "A" Mitigation and Conditions of Approval General Plan Amendment No. P02-0316