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[
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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
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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