HomeMy WebLinkAboutRES NO 189-02RESOLUTION NO. ~'89' 0 2
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. 02-0659 OF
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010
GENERAL PLAN. (Ward 3).
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 General Plan Amendment No. 02-
0659 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. 02-0659 of the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. 02-0659:
Maximus III Company and Neighborhood Empowerment & Economic
Development (N.E.E.D.) applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan consisting of changes as follows:
Land Use Designation Amendment from LMR (Low Medium Density Residential)
to HMR (High Medium Density Residential) on approximately 3 acres. The
project site is located along the north side of W. Columbus Street, generally west
of Union Avenue, just west of the Kern Island Canal; 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. 114-02 on September 19, 2002, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 02-0659 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. 02-0659 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. The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
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. 02-0659 is hereby
recommended for approval.
The General Plan Amendment 02-0659 is hereby approved as recommended by
staff to HMR (High Medium Density Residential) on approximately 3 acres as
requested by the applicant 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 02-0659 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of
changes to the land use designations from LMR (Low medium Density Residential)
to HMR (High Medium Density Residential) on approximately 3 acres, as requested
by the applicant and shown on attached map in Exhibit "B", generally located along
the north side of W. Columbus Street, just west of the Kern Island Canal, 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. 02-0659 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-
0659 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 along the north side of W. Columbus Street, just west of the Kern
Island Canal, subject to conditions of approval shown on Exhibit "A".
That Case No. 02-0659, approved herein, be combined with other approved cases
described in separate resolutions, to form a single Amendment to the Metropolitan
Bakersfield 2010 General Plan.
2
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 a,.n~d, ado, p~d,~y the Council
of the City of Bakersfield at a regular meeting thereof held on NUV 6 LUUL
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~'-~J~-~
COUNCILMBMBER
COUNCILMEMBER
NOV 62002
APPROVED
HARVEY"L. HALL /' ....
MAYOR of the City of Bakersfield
CITY CLERK and Ex Officio/~lerk
Council of the City of Bakersfield
of the
APPROVED as to form:
BART THILTGEN
City Attorney,f''
BY: ~;~c.~
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EXHIBIT A
Conditions of Approval / Mitigation Measures
General Plan Amendment/Zone Change No. 02-0659
Cultural Resources:
A Cultural Resources Records Search was prepared for the project site. The project site
does not contain any recorded cultural resources, or within a ¼ mile radius. There are no
known cultural resources within the project area or a ¼ mile radius that are listed in the
National Register of Historic Places, the California Register, California Inventory of
Historic Resources, California Points of Historic Interest, or the California State Historic
Landmarks. Therefore, the following shall be done on the project site.
If cultural resources are unearthed during ground disturbance activities, all work shall
halt in the area of the find. A qualified professional archeologist shall be called to
evaluate the significance of the find and make an appropriate course of action. The
developedcontractor shall complete the appropriate course of action recommended by
the professional archeologist prior to beginning the development. (Mitigation
Measure).
Should human remains be 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). In the absence of an archaeological monitor,
a qualified archaeologist and the local Native American community, shall be notified.
(Mitigation Measure).
Water Resources:
If the water service requirements exceed the capability of the California Water Service
Company's existing facilities or if the extension of facilities is necessary, water service
would be provided in accordance to Rule 15 of the State Public Utilities Commission
Rules and Regulations. (Mitigation Measure).
Public Works:
Prior to submittal of a tentative subdivision map, lot line adjustment, development plan, or
other proposal, submit the following for the City Engineer s rev ew and approva
3.1
A proposed drainage study for the entire zone change area, including
retention/detention needs and locations; (Mitigation Measure).
3.2
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).
Exhibit A
Conditions/Mitigation
GPAJZC 02-0659
Pa9e 2
With the development or subdivision;
4.1 Proposed entrance shall be aligned with San Dimas Street. (Mitigation Measure).
4.2
The development shall be required to pay into the adopted Regional Traffic Impact
Fee program. (Mitigation Measure).
4.3
The intersection meets warrants for a traffic signal and based on current volumes
the project's share shall be $3,720 and paid with the development or division of the
property. (Mitigation Measure).
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EXlHIBIT B
Location Map
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