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Home My WebLink AboutRES NO 193.02RESOLUTION NO. I 9 3" 0 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 02-0629 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 6). 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 Case No. 02-0629 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 No. 02-0629 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. 02-0629: Mclntosh & Associates applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of changes as follows: Land Use Designation Amendment from HMR (High Medium Density Residential) to LMR (Low Medium Density Residential) on 25.41 acres. The project site is located at the northwest corner of Panama Lane and Ashe 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. 112-02 on September 19, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment No. 02-0629 subject to conditions and mitigation listed in Exhibit "A" 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, November 6, 2002, on the above described General Plan Amendment No. 02-0629 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: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. 2. That the applicant by prior written agreement agreed to comply all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 02-0629 is hereby recommended for approval. The General Plan Amendment 02-0629 is hereby approved to LMR (Low Medium Density Residential) on 25.41 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. As to General Plan Amendment 02-0629 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations from HMR (High Medium Density Residential) to LMR (Low Medium Density Residential) on 25.41 acres, as requested by the applicant and shown on attached map in Exhibit "B", located at the northwest corner of Panama Lane and Ashe Road, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield 2010 General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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 No. 02-0629 is hereby approved and adopted. 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 No. 02- 0629 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 "B", attached hereto and incorporated as though fully set forth, for property generally located at the northwest corner of Panama Lane and Ashe Road, subject to conditions of approval shown on Exhibit "A". That Case No. 02-0629, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield 2010 General Plan. That this resolution shall not become effective until November 20, 2002, at such time as other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. ......... 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 NOV (~ ~0[}Z , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~-~t'~. APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield CITY CLERK and Ex Officio~erk of the Council of the City of Bakersfi~d APPROVED as to form: BART THILTG/E~ City Attorn~e~ / By: MO:djl S:\GPA 3rd Qtr 2002\02-0629\Res\res,gpa_cc.doc EXlHIBIT A Conditions of Approval EXHIBIT A Conditions and Mitigation Measures General Plan Amendment No. 02-0629 Cultural Resources: A Cultural Resources Records Search was prepared for the project site. The project site does not contain any historic and prehistoric sites. There are no known cultural resources within the project. Therefore, the following shall be done on the project site. If human remains are discovered at any time on any portion of the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code). (Mitigation Measure). If cultural resources are discovered during excavation and grading activities on the project site, the contractor/developer shall stop all work and shall retain a qualified professional archeologist to evaluate the significance of the find and make an appropriate course of action. 'The developer/contractor shall complete the appropriate course of action recommended by the professional archeologist prior to beginning the development. (Mitigation Measure). Salvage operation requirements in Appendix K of the California Environmental Quality Act (CEQA) Guidelines shall be followed and the treatment of discovered Native American remains shall comply with State Code Regulations of the Native American Heritage Commission. (Mitigation Measure). Water Resources: The City's normal fire protection service flows are 2500 gallons per minute (g.p.m.). In certain areas and in certain zoning, fire flow requirements (as determined by the City and/or County Fire Department) are in excess of the 2500 g.p.m, limit. Fire flow requirement in excess of the 2500 g.p.m, shall require developer fees of $0.50/g.p.m./acre in excess of 2500 g.p.m, or equivalent facilities. (Mitigation Measure). Prior to filing a final tractJparcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting the export of groundwater from the subdivision except by the water purveyor that is serving the subdivision. The individual property owner is not restricted from using the groundwater under their land for use on their overlying subdivided land. (Mitigation Measure). General Plan Amendment No. 02-0629 09/19/2002 Page 2 City fees for inspection of installation of water facilities are currently calculated at four (4%) percent of the estimated construction costs of the in-tract water facilities. In addition, a $10.00 meter installation fee for each service will be assessed for two inch (2") and less in size. The inspection fees are due and payable to the city by the land ownefldeveloper within thirty (30) days of invoice. (Mitigation Measure). Prior to final recordation of the map for the subdivision, water availability fees for water service facilities are due and payable. Fees are authorized by Bakersfield Municipal Code 14.04.120 (B) and set by the City of Bakersfield Water Board with concurrence of the Bakersfield City Council. As of March 7, 2000, the fees were set at $2,000.00 per gross acre. Pursuant to City Agreement No. 87-122, the developer has elected to install the facilities in-lieu of paying the water availability fees. According to the above stated contact, one additional well is outstanding for this area. Location of the water well will be determined by the City and Developer. (Mitigation Measure). All water mains, service connections, and fire hydrants shall be installed by the developer and dedicated to the City of Bakersfield. Plans and specifications for such water mains and appudenances shall be prepared by or approval of plans for the installation shall be by the City of Bakersfield. All improvements must be installed or bonded for prior to the City issuing a letter guaranteeing a water supply. (Mitigation Measure). Public Works Department: Prior to submittal of a tentative subdivision map, lot line adjustment, development plan, or other proposal, submit the following for the City Engineer's review and approval: 7.1 A proposed drainage study for the entire zone change area, including retention/detention needs and locations. (Mitigation Measure). 7.2 A proposed sewer study for the entire zone change area. The study shall also determine the capability of existing facilities to handle the flows from the site. (Mitigation Measure). 8. With development or subdivision: 8.1 Number of access points to Panama Lane and to Ashe Road shall be limited and will be determined at the time of development or division. (Mitigation Measure) 8.2 Requirement for a right turn lane dedication and construct on on Ashe Road will be determined at that time. (Mitigation Measure). : ~.: General Plan Amendment No. 02-0629 09/19/2002 Page 2 8.3 8.4 Access will be limited to right turns out and right turns in. Left turns in will be determined. If a signal is installed at developer's expense, full access will be allowed. (Mitigation Measure). The development will be required to pay into the adopted Regional Traffic Impact Fee program. (Mitigation Measure). 8.5 The development will be required to pay the median fee. (Mitigation Measure). Division of Oil, Gas & Geothermal Resources: If any abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial plugging operations may be required. The Department of Conservation, Division of Oil, Gas & Geothermal Resources shall be notified to obtain information on the requirements for and approval to perform remedial operations of the wells, prior to further development of the site. (DOGGR Condition). MO:djl S:\GPA 3rd Qtr 2002\02-0629~zCond Mit - Revised Exh A.doc EXlHIBIT B Location Map I.-- Z ILl Z ILl Z Minutes~ PC~ September 19r 2002 Parle 2 _ 4.2 Public Hearing Items 4.2a Item 6) (Ward 4) (Mclntosh & Associates) (Agenda 4.2b Approval of General & Neighborhood 7.1a) (Ward 3) P02-0659 (Maximus III Company & Economic Development) (Agenda Item 4.2c Approval of Zone Cha~ Neighborhood Em 7.1b) (Ward 3) No. P02-0659 (Maximus III Company & Economic Development) (Agenda Item 4.2d Approval of General Plan (Agenda Item 7.4a) (Ward 4) This item was taken off of t the public prior to the public hearin No. P02-0616 (Gregory W. Davis) request from a member of 4.2e Approval of Zone Chanqe No. P02-0616 ;regory W. Davis) (Agenda Item 7.4b) (Ward 4) This item was taken off of the Consent Calendar by a request from a member of the public prior to the public hearing being opened. 4.2f Approval of General Plan Amendment No. P02-0629 (Mclntosh & Associates) (Agenda Item 7.7) (Ward 5) The public hearing is opened for items 4.2a, 4.2b, 4.2c, and 4.2f. Barbara Holloway, manager of the Royal Palm Mobilehome park requested items 4.2b & c be removed from the Consent Calendar. There were no Commissioner comments. Public hearing closed. Motion made by Commissioner McGinnis, seconded by Commissioner Gay, to approve the public hearing portion of the Consent Calendar. Motion carried by group vote, PUBLIC HEARING - Site Plan Revli~w P02-0751 appeal by Bob and John Stevens of the Development Services Director's de~lal of a site plan review for the construction of an 8~895 square foot adult entertalnment'iluslness on a site zoned M-1 (LIqht Manufacturln¢l) located at 3900 No. SIIlect Avenue. (VVar'N~,2) \ Staff report given recommending the appeal b~k~,enied. \ Roger Diamond, attorney for Robert and John S~vens, stated they are available for question~. They disagree with staff that there is any residential~ zoned property within 1500 feet of this site s location. He indicated that the mobilehome prope~ currently zoned industrial. No one spoke in favor of staff's recommendatiqn. Pubic portion of the hearing on this item is closed. Hearing is opened for commissioner comments. ~