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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 LU ~