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Home My WebLink AboutRES NO 191-02 RESOLUTION NO. 191-02 A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 02-0626 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, September 16, 2002, and THURSDAY, September 19, 2002, on GPA 02-0626 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of hearing having been given twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 02-0626, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: Mcintosh and Associates has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from HI (Heavy Industrial) to LI (Light Industrial) on 9.93 acres and HI (Heavy Industrial) to HMR (High Medium Density Residential) on 18.76 acres; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on August 28, 2002, in accordance with CEQA; and WHEREAS, the Kern Sanitation Authority Wasteswater Plant and effluent farm area is located adjacent on the west side of the GPA 02-0626 project site; and WHEREAS, the Planning Commission found that due to the project site's close proximity to the Kern Sanitation Authority Wastewater Plant and effluent farm area, said wastewater plant and effluent farm area may pose a potential health risk to people working on the proposed light industrial project site and may pose a potential health risk to people living on the proposed multi-family residential project site which is located 510 feet east of the Kern Sanitation Authority property; and WHEREAS, the Planning Commission's finding on the health risk issue was not based on any specific information provided to the Planning Commission, but on the Planning Commission's general concern for public safety regarding the project site's close proximity to the Kern Sanitation Authority property; and WHEREAS, by Resolution No. 121-02 on September 19, 2002, the Planning Commission recommended denial of Case No. GPA 02-0626, as shown in Exhibit "1", and this Council has fully considered the finding made by the Planning Commission as set forth in that' " Resolution; and; and . "'<1;,!'.,';1, WHEREAS, the applicant, Mcintosh and Associates, submitted an appeal on September 24, 2002, to the Planning Commission's recommendation for denial of GPA No. 02- 0626; and WHEREAS, said appeal states that there is no evidence to support the notion that the Kern Sanitation Authority Wastewater Plant and effluent farm area poses any health risk to people working adjacent to the Kern Sanitation Authority property or living 510 feet east of said property; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; 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, November 6, 2002, on the above described Case No. GPA 02-0626 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 provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. 4. The proposed project is consistent with the surrounding land uses. 5. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 6. 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 711.4 of the State of California Department of 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. 7. No evidence has been submitted to the City of Bakersfield that supports the notion that the Kern Sanitation Authority Wastewater Plant and effluent farm area poses any health risk to people working adjacent to the Kern Sanitation Authority property or living 510 feet east of said property. 2 " ~; NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. The Negative Declaration for GPA 02-0626 is hereby adopted. 3. 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. 4. The appeal to the Planning Commission's recommendation for denial of GPA No. 02-0626 is hereby upheld. 5. The City Council hereby approves and adopts Case No. GPA 02-0626 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 "1 ", and subject to Conditions of Approval as provided in Exhibit "2", attached hereto and incorporated as though fully set forth, for property located adjacent on the west side of Oswell Street, south of Kimber Avenue. 6. That Case No. GPA 02-0626, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. 7. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. ---------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 November 6, 2002, by the following vote: AYES: COUNCILMEMBER CARSON, BENHAM, MAGGARD. COUCH, HANSON, SULLIVAN, SALVAGGIO NOES- l\C', "'- ~~~~~~~_I~2-',,:; .------..--.---- j-I 3 ;;:.:..:){~lhf\~ APPROVED NO\! Ii 2.\102. v~ HARV L. HALL / i MAYOR of the City of Bakersfield APPROVED as to form: BART THIL TG~ City Attorn~~ // / ~ BY: h1/~~' 0'/'''] S:\GPA 3rd Qtr 2002\02.0626\RGPA.CC 02.0626 6. me/A CITY CLERK and Ex Officio erk of the Council of the City of Bakersfield ,..,.,'';' .,. '\ :") 4 """;'iHJ'\' " . c , , "_"_"_"_"1 w I I "I ~~ I I " ;0 . "-"-"-""T!~"-" ~ . 8 c ~ 0 !l sa 'IS iZ I 2 ~ ~ 8 II II ~ II l c en ~ iiI :r i5 :r ~ -< 8! . . EXHIBIT 1 . . c:j o y' ~ ~wr ~ so. OSWELL STREET oo_.._u_.._. ~ ~ ~ ! ~ ~ ~ ln~ !liJ[ ~ [ ~ ~ , $ \:<(~;j'/"", G) m z m ~ r lJ s;: Z )> s: m z o s: m z -i o N I o (j) N Q') A::~'.' EXHIBIT 2 GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 02-0626 CONDITIONS OF APPROVAL 1. Prior to submittal of a development plan, subdivision map, or application for a parcel map waiver, lot line adjustment, or parcel merger, submit to the City Engineer for his review and approval the following: 1.1. A drainage plan for the site within the element amendment and including the parcel maps to the north, Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site, 1.2, A sewer plan for providing municipal sewer service. 1.3. Fully executed offers of dedication for Oswell Street to arterial standards and East Belle Terrace to collector standards, including expanded intersections. 2. With development or division of the property adjacent to Oswell Street, pay median island fees. 3. Access to the arterial and collector streets will be limited and will be determined at the time of division or development. Determination of whether a right turn lane will be required at the access points will also be made at the time of division or development. A full access opening on Oswell Street will only be considered if the developer funds and installs a traffic signal at the site entrance. 4. The entire area covered by the 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, subdivision map, site plan review, or application for a lot line adjustment for any portion of this GPA area. 5. Development within this GPA area will be subject to the adopted Regional Traffic Impact Fee ordinance. ,.",. , ~.'i'l