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HomeMy WebLinkAboutRES NO 143-02RESOLUTION NO. ] 4 3 ' 0 ~ A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION, UPHOLDING THE PLANNING COMMISSION'S DISAPPROVAL OF THE REQUESTED C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) ZONE AND DENYING THE APPEAL OF AN AMENDMENT TO TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-25 BY CHANGING THE ZONING OF 2.67 ACRES FROM R-2 (LIMITED MULTIPLE-FAMILY) TO C-O (PROFESSIONAL AND ADMINISTRATIVE OFFICE) GENERALLY LOCATED ALONG THE EAST SIDE OF WIBLE ROAD APPROXIMATELY 400 FEET SOUTH OF PANAMA LANE (ZONE CHANGE NO.02-0290) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the City Council held public hearings on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located along the east side of Wible Road approximately 400 feet south of Panama Lane; and WHEREAS, Resolution No. 64-02 on June 20, 2002, the Planning Commission recommended adoption of a Negative Declaration and disapproval of an ordinance amending Title 17 of the Municipal Code to approve a change from R-2 to C-O zoning as delineated on attached Zoning Map No. 123-25 marked Exhibit "2", by this Council and this Council has fully considered the recommendations 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 disapproval of a change in zoning of the subject property from R-2 to C-O, and the Council has considered said findings and all appear to be true and correct; 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 city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigations was advertised and posted on April 29, 2002, in accordance with CEQA; and WHEREAS, the decision of the Planning Commission was appealed by Harry C. Ellingston, Jr., RCE on behalf of the applicant Arredondo Ventures, Inc.; and WHEREAS, the City 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. 3. The proposed project will not have a significant effect on the environment. ORIGtNA[ 6. 7. 8. 9. 10. 11. 12. 13. 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. A traffic study was not required for the subject site; however, the applicant did submit a traffic analysis for the proposal. The proposed project is consistent with the surrounding land uses. The appeal of the Planning Commission decision by Arredondo Ventures, Inc., was duly considered. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The existing inventory of OC designated land in south Bakersfield does not appear adequate to serve the area. Mitigation measures/conditions are included to lessen impacts of the project. The recommended condition of approval on the General Plan Amendment that the site be developed only by a PCD (Planned Commercial Development) zone is a condition of approval of the General Plan Amendment. The public necessity, general welfare and good planning practices justify the amendment 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 Resoumes 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 resoumes 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 to 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. All of the foregoing recitals are hereby found to be true and correct. 2. The Mitigated Negative Declaration for Zone Change P02-0290 is hereby approved and adopted with mitigation measures as shown on Exhibit "1". 3. The Planning Commission's recommendation of disapproving the requested zone change from R-2 to C-O is upheld. ORtG[NAL That the requested amendment to Section 17.06.020 (Zoning Map)of the Municipal Code of the City of Bakersfield changing the land use zoning of that certain property in said City, the boundaries of which property are shown on Zoning Map No. 123-25 marked Exhibif "2" attached hereto, and more particularly described in attached Exhibit "3", be denied. 5. The appeal by Arredondo Ventures, Inc., is denied. 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 August 21 2002, by the following vote: ......... 000 ........ I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on ~,tl~ ~. 1 ~OOZ , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER CITY CLERK and Ex Officio Cl~k of the Council of the City of Bakersfield~ APPROVED ~U~ 2, 1 Z'~O£ MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney 3 ORIGINAl EXHIBIT "1" General Plan Amendment 02-0290 MITIGATION MEASURES\CONDITIONS Planninq Commission 1. As a condition of the General Plan Amendment approval, the applicant shall apply for a PCD (Planned Commercial Development) zone change on the 2.67 acre subject site. Pl~nnina Deoartment Prior to any ground disturbance on this property, we recommend that a qualified professional archaeologist conduct a field survey of all undeveloped portions of the project site (Southern San Joaquin Valley Information Center, California State University Bakersfield). Public 1. 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 Wible Road to arterial standards for the full frontage 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. Construct improvements to City standards on Wible Road for the full frontage of the area within the GPA request. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area 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. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 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. 0R.~!NA£ 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. 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. ORIGINAL T ¢] ZONE CHANGE 02-0290 EXHIBIT "3" DOCUMENT #:0200031015 3/17/2~0 IIIIIilllill Taxes 159 50 TOTAL PAID 178 50 Orger No,: 12.6685 E~row No.: 1266~5BA GRANT DEED cs~r~uted on ~11 v~tu¢ of pro ~nv~:i, or . . . ~ ~u~ on ~11 v~uc l~ v~f X~ or ~c~b~ ~mng ~ U~ of ~e, ORIGINAt ,~ ..... n,,Tn.~u/.nnn~12'~7 r)escriotion: 2000.31015 Pa.qe ! of 5 Comment: HARRY#1 -. RESOLUTION I 3 9- 0 2 AUTHORIZING A CORRECTION TO THE AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE ClTY COUNCIL CITY OF BAKERSFIELD WHEREAS, the City Council of the City of Bakersfield hereinafter referred to as Public Agency, and the Board of Administration of the Pubtic Employees' Retirement System entered into a contract effective August 1, 1944 providing for the participation of Public Agency in the Public Employees' Retirement System; and WHEREAS, due to an inadvertence, paragraph "7" read: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). [Note that future legislative proposals are being considered. One proposal could amend the 3% at 60 benefit formula under Government Code Section 21354.3 to coincide with the 2.7% at 55 benefit formula under Section 21354.5 between the ages of 50 and 55. Another proposal being considered could amend Government Code Section 21354.3 to make the 3% @ 60 formula applicable to both active and inactive members who have not yet retired. If enacted, this amendment could have an effect on your agency's actuarial valuation and employer contribution rates in future years.]"; and WHEREAS, Section 20472 of the Government Code provides that corrections may be made through amendments approved by the adoption of suitable resolutions by the contracting parties; NOW, THEREFORE, BE IT RESOLVED that said governing body of Public Agency authorizes, and it does hereby authorize, a correction to the amendment to contract effective July 15, 2002 as follows: A. Paragraph 7 of said contract shall be changed as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after July 15, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full)"; and B. Paragraph 8 of said contract shall be added as follows: "The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after July 15, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full)"; and C. Paragraph numbers "8 through 15"; shall be renumbered paragraph numbers "9 through 16". BE IT FURTHER RESOLVED, that the presiding officer of the governing body of Public Agency is hereby authorized, empowered, and directed to execute said amendment for and on behalf of Public Agency. Adopted this 21 day of AUGUST __, 2002 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM k E I~N .~:¢1' H V~ MARZION,JCHIEF 0 ACTErARIAL.,/& EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM 616 Resolution 7-2002 CITY COUNCIL CITY OF BAKERSFIELD PR'E§IDIt~G OFFICER / Attest: Clerk I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting hereof held on AUG 2 1 Z00Z , by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER SALVAGGIO, CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Cle~'of the Council Of the City of Bakersfield APPROVED AUG 2 1 200Z HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: ~I3~RT CITY ATTORNEY of the City of Bakersfield