HomeMy WebLinkAboutRES NO 156-02RESOLUTION NO. ] $ 6 ' 0 2
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING
GENERAL PLAN AMENDMENT P01-1036 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, JUNE 17, 2002, at the hour of 12:15 P.M. and THURSDAY, JUNE 20, 2002, at
the hour of 5:30 P.M. on GENERAL PLAN AMENDMENT P01-1036 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 P01-1036 of the proposed amendment
to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment P01-1036
SMITHTECH/USA is requesting a General Plan Amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan changing the
land use designation from LR (Low Density Residential) to OC (Office
Commercial) on 7.92 acres generally located along the southwest corner
of Calloway Drive and Noriega 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 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. 59-02 on June 20, 2002, the Planning Commission
recommended approval and adoption of General Plan Amendment P01-1036 subject to
conditions, 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, August 21, 2002 on the above described General Plan Amendment P01-
1036 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 given.
The provisions of the California Environmental Quality Act have been
followed.
3. The proposed project will not have a significant effect on the environment.
Based on the initial study and comments received, staff has determined that
the propose project could not have a significant effect on the environment.
A Mitigated Negative Declaration was prepared for the project in
accordance with CEQA.
A traffic study was required for the subject site and mitigation measures
were recommended to alleviate traffic impacts.
6. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield
2010 General Plan.
The existing inventory of OC designated land in northwest Bakersfield
does not appear adequate to serve the area.
9. Mitigation measures/conditions are included to lessen impacts of the project.
10.
The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan.
11.
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 decision 1o prepare a Negative
Declaration for this project.
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 P01-1036 is hereby
approved and adopted.
2
OR~GIN.~L
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- 1036 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", attached hereto and incorporated as though
fully set forth, for property generally located along the southwest corner of
Calloway Drive and Noriega Road subject to mitigation/conditions of
approval shown on Exhibit "1 ",.
That General Plan Amendment P01-1036 approved herein, be combined
with other approved cases described in separate resolutions, to form a
single Land Use Element Amendment.
......... 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 $£P ! 8 ZOO?
by the following vote:
AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER ~
ABSTAIN: COUNCILMEMBER ~1~,~'~
ABSENT: COUNCILMEMBER ~
CITY CLERK and Ex Officio Cle, l~of
the
Council of the City of BakersfieidV'
APPROVED SF.P 1_8 ?.OOZ
APPROVED as to form:
BART THiLTG/E~
City At~rne.~/. ,,~
By:
3
EXHIBIT "1"
GENERAL PLAN AMENDMENT/ZONE CHANGE P01-1036
MITIGATION MEASURES/CONDITIONS
Planninq Department
1. Dust suppression measures listed as Regulation VIII are required for all construction in
the City of Bakersfield and are regarded by the San Joaquin Valley Unified Air Pollution
Control District as sufficient mitigation to reduce PM-10 impacts to less than a significant
level.
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.
CONDITIONS OF APPROVAL
Planninq De~)artment
Applicant shall construct a Type "A" trail along subject site's Noriega Road frontage
and a Type "B" trail along subject site's Calloway Drive frontage as shown on Exhibits 4
and 5. Such trails shall be developed at the time subject site is developed.
Public Works
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 Calloway Drive and Noriega Road to arterial
and collector 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 revised comprehensive drainage study to be submitted to and
approved by the City Engineer. The study shall be approved and any required
retention site and necessary easements dedicated to the City.
Payment of median fees for the frontage of the property within the GPA request.
These fees may be paid prior to recordation of any map or approval of
improvement plans.
J
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. A full access
opening wilt not be allowed on Galloway Drive.
Development on the site shall be subject to the Regional Traffic Impact Fee. An
independent RTIF calculation was provided in the study as required to determine the
actual impact of the project on the RTIF facilities. A total fee of $64,449 was calculated
for the 85,000 SF office, equivalent to $758.22 per 1,000 SF.
S:\Dole\P01-1036\Mitigation.wpd
ORIGINAL
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