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Home My WebLink AboutRES NO 192-02RESOLUTION NO. 1 9 2 ' 0 2 RESOLUTION MAKING FINDINGS, NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 02-0616 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 General Plan Amendment 02- 0616 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, General Plan Amendment P02-0616 such of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment 02-0616 Gregory W. Davis has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from R-IA (Resource-Intensive Agriculture) to HMR (High Medium Density Residential) and a zone change from A-20A (Agricultre-20 Acre Minimum Lot Size) to R-2 (Limited Multiple-Family Dwelling) on 18.64 gross acres located along the southeast corner of Allen Road and Reina 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. 118-02 on September 19, 2002, the Planning Commission recommended approval and adoption of General Plan Amendment 02~0616 subject to conditions, mitigation measures listed in Exhibit Nos. "1" and "lA" 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 on the above described General Plan Amendment 02-0616 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 Genera[ 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 given. 2. The provisions of the California Environmental Quality Act 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 Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 6. The proposed amendment is consistent with the Land Use Element. 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. 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 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 Mitigated Negative Declaration for this project. 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 02-0616 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 02-0616 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 "2" attached hereto and incorporated as though fully set forth, for property generally located along the southeast corner of Allen Road and Reina Road subject to mitigation measures/conditions of approval shown on Exhibit Nos. "1" and "lA". That General Plan Amendment 02-0616, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. 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 an~l~op~e~~' the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO CITY CLERK and Ex Officio C/l/¢rk o~ the Council of the City of Bakersfie~ APPROV/ED NOV 6 20f~2 / DC[VID COUCH VICE MAYOR APPROVED as to f~m: BART THILTGEi~ City Attorney RD S:\Dole\02-0616\CC GPA Resolution.DOC 3 EXHIBIT 1 MITIGATION NEGATIVE DECLARATION GENERAL PLAN AMENDMENT/ZONE CHANGE 02-0616 Dust suppression measures listed as Regulation VIII are required for all construction in the City of Bakersfield and are regarded by the San Joaquin Valley Unified Air Pollution Control District as sufficient mitigation to reduce PM-10 impacts to less than a significant level. Comply with traffic study mitigation measures shown on Exhibit lA (Table 6). All regional traffic impacts caused by this development shall be mitigated according to the regional impact fee ordinance at the time of issuance of building permits. In addition, local ordinance requires all on site street improvements and a proportional share of boundary street improvements be built by each development. Comply with the terms of the Metropolitan Bakersfield Habitat Conservation Plan and associated Section 10 (a) (1) (b) and Section 2081 permits issued to the City of Bakersfield by the United State Fish and Wildlife Services and California State Department of Fish and Game, respectively. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological ar[ifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. Total park acreage estimated for the proposed project is 1.2825 acres. In addition, for every residential unit constructed, a park development fee must be paid. (Note: Subject site is located within the jurisdiction of the North of the River Recreation and Park District). P:\02-0616\Mi~galiondoc EXHIBIT lA Reina Road Allen Road Reina Road Old Farm Road Table 6 Traffic Operations Mitigation Analysis Intersection Levelof ~ervice Fotal hnprovemcnts Required by 2020 ' Install signal, NBL, SBL, WBL, EBL Insta}l signal, SBL, SBT, WBL, EBL, Install signal Reina Road Jewetta Avenue Noriega Road Allen Road tfageman l~.oad Install signal, SB¢, SBI, WBR, WBI, Allen Road . SB = South Bound Ell: Eat Bound [mprovdmenls not covered by RTIF ~Local Mitigation) NBI., SBt., WBL, [iBI. Install signal, NBI., SBL, WBL, EBL WBL, EBL, EBR City of Bakersfield 14 Projccl % Share for Local Mi]igation . 410% 5.96% 2.10% SBIC,, SBI. 5.64% 3 16% GPA & Zone Change Reina Road & Allen Road ~ ~ALLE~ CITY ROAD JEW E~i'A A~V~ ITl Z ITl