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Home My WebLink AboutRES NO 57-99RESOLUTION NO. ~ ?' ' 9 9 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING WITH MODIFICATIONS GENERAL PLAN AMENDMENT P99-0054 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, March 15, 1999, and THURSDAY, March 18, 1999, on General Plan Amendment P99-0054 of a 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 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. P99-0054 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P99-0054: Porter-Robertson Engineering & Surveying Inc. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change to increase the density requirements from 3.27 to 3.95 dwelling units per gross acre on 164.55 acres in the Polo Grounds development area. The request is also to change the land use designation from Low Density Residential to General Commercial on 1.25 acres located generally south of Snow Road between Calloway Drive and the Friant-Kern 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. 53-99 on March 18, 1999, the Planning Commission recommended approval and adoption of General Plan Amendment P99-0054 as modified subject to conditions listed in Exhibit "A" and this Council has fully considered the findings 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, April 28, 1999, on the above described General Plan Amendment P99-0054 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 notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. 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 Negative Declaration was advertised and posted on February 11, 1999, in accordance with CEQA. The public necessity, general welfare and good zoning practice justify the amendment to the Land Use Element of the 2010 General Plan by increasing the density from 3.27 to 3.95 dwelling units per gross acre on the 164.55 acres located south of Snow Road, between Calloway Drive and the Friant~Kern Canal. The public necessity, general welfare and policies in the General Plan do not justify the amendment to the Land Use Element of the 2010 General Plan by changing from Low Density Residential to General Commercial on 1.25 acres. The amendment to the Land Use Element, as recommended, is consistent with the Metropolitan Bakersfield 2010 General Plan. The amendment to the Land Use Element, as recommended, is compatible with existing development adjacent to the site. 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 P99-0054 is hereby approved and adopted. 2 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, approved and incorporated as though fully set forth herein. The City Council hereby approves and adopts General Plan Amendment P99-0054 with modification of the request 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 south of Snow Road, between Calloway Drive and the Friant-Kern Canal, subject to conditions of approval shown on Exhibit "A" attached hereto and made a part hereof by this reference. That General Plan Amendment P99-0054 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... o0o ........ 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 APR 2 8 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER C~/~SON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED ).PR 28 t9~ MAYOR of the City of Bakersfield 3 APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney April 15, 1999 S:\GPA-MAR~0054\LU-cc-RESwpd 4 EXHIBIT A General Plan Amendment/Zone Change P99-0054 Conditions of Approval Should archaeological remains be unearthed during construction on the project site, all work in the area of discovery shall be stopped until the find can be evaluated by a qualified archaeologist. A qualified archaeologist shall be hired to evaluate and make recommendations to mitigate the discovery. A letter indicating that the recommendations have been complete shall be transmitted to the California Historical Resources Information System at California State University, Bakersfield and the City of Bakersfield, Development Services Department prior to resumption of development. (Mitigation) (Planning Department). Prior to filing a final tract/parcel map, the developer/owner shall record a covenant for each lot in the subdivision prohibiting 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. (Water Resources Department). Prior to final recordation of any tract/parcel map within the project area, the developer/owner shall pay all fees for water service facilities. (Water Resources Department). Prior to issuance of a building permit, the developer shall either pay the Phase II (or subsequently revised) Regional Impact Fee or the Polo Grounds fees, whichever is appropriate and approved by the City Engineer. (Mitigation) (Public Works Department). MO: pjt S:\GPA-MAR\0054\Conditions,wpd EXHIBIT B GENERAL PLAN AMENDMENT P99-0054 STAFF RECOMMENDATION R-IA 12 7 \ T29S, R26[ T29S, R27E R-IA REINA ROAD R-IA SR LR I I I SNOW ROAD I SR LR 12 7 13 18 GC LR RR R-IA 6 5 8 "'t PS I: SR I NORRIS ROAD w ER ~ SR >- 4: OS-P I [ ~ LMR~ ~/ I I I LR[ ~ I \ OS-P 0 I(XX SCN,[ IN FEET