HomeMy WebLinkAboutRES NO 015-03RESOLUTION NO._ 0 1 5 ' 0 3
RESOLUTION APPROVING MINOR ADDITIONS AND
CLARIFICATIONS TO THE HOUSING ELEMENT UPDATE
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, July
15, 2002, and Thursday, July 18, 2002, on General Plan Amendment P01-0734 a proposed
update to the Housing 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, said General Plan Amendment P01-0734 of the proposed update to the
Housing Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment P01-0734
The City of Bakersfield has proposed to amend/update the Housing Element of
the Metropolitan Bakersfield 2010 General Plan consisting "... of an
identification and analysis of existing and projected housing needs and a
statement of goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development of
housing. The housing element shall identify adequate sites for housing,
including rental housing, factory-built housing, and mobilehomes, and shall
make adequate provision for the existing and projected needs of all economic
segments of the community" (Government Code, Section 65583); 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 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. 79-02 on July 18, 2002, the Planning Commission
recommended approval of the Negative Declaration and General Plan Amendment P01-0734
and transmittal of such General Plan Amendment P01-0734 to the State Department Of
Housing And Community Development for a sixty (60) day review and comment period 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 Amendmient P01-
0734 of the proposed amendment to the Housing 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 State Department of Housing & Community Development has reviewed
and commented on the draft Housing Element; and
WHEREAS, the State Department of Housing & Community Development reviewed the
Draft Housing Element and required clarification of five additional items; and
WHEREAS, the five items needing clarification, as identified by the State Department of
Housing & Community Development, are as follows:
1. That the fairly Iow density multifamily zoning actually results in affordable
housing;
2. That multifamily development is permitted by right in approprate zones, and if
permitted by right, why does multifamily housing have to go through a 45 day
review processs and be subject to a public hearing;
3. That the Housing Element is too general in its discussion of the processing time
for multifamily development and that a clear processing timeframe is needed;
4. That the Housing Element says homeless shelters are permitted by right, but
then states that a conditional use permit is required; and
5. That the city provide proof that farmworker housing would be permitted within the
city boundaries;
and
WHEREAS, comments from Housing and Community Development Department have
been incorporated into the Housing Element; and
WHEREAS, the city has responded to Housing and Community Development
Department's five additional items which such department says needs clarification; and
WHEREAS, the Council has considered and hereby makes the following findings:
2.
3.
4.
All required public notices have been given.
The provisions of the California Environmental Quality Act have been followed.
The proposed project will not have a significant effect on the environment.
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.
The proposed Housing Element Update is consistent with the Metropolitan
Bakersfield 2010 General Plan.
The public necessity, general welfare and good planning practices justify the
amendment/update to the Housing Element of the Metropolitan Bakersfield 2010
General Plan.
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 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.
2. The Negative Declaration for 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 PO1-
0734 the update to the Housing Element of the Metropolitan Bakersfield 2010
General Plan, marked Exhibit "1", attached hereto and incorporated as though
fully set forth, for property generally located within the present and future
boundaries of the incorporated area 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 January 29, 2003 by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER r~q~,~'-r4~-
COUNClLMEMBER Ik.-~V~'
COUNClLMEMBER ~",,~;~1,~'~.- .-
PAMELA A. McCARTHY, CM~
CITY CLERK and Ex Officio Orerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L.~HAL~
Mayor of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney /
RD
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EXHIBIT 1
MITIGATION
NEGATIVE DECLARATION
GENERAL PLAN AMENDMENT/ZONE CHANGE 02-0623
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 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 artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
A modified collector or arterial section would be acceptable for replacement of
the full arterial and would need to incorporate the Class 2 bikeway. The modified
collector or arterial section would compensate for coordination disruption caused
by deletion of a full arterial. Primary and secondary access for residents and
emergency services (police, fire, ambulance) must be provided by the applicant
upon development of this area.
OTHER CONSIDERATIONS
Public Works Department
1. Standard right-of-way dedication for an Arterial standard road shall be required
for Masterson Street.
2. Within the Hillside Overlay Zone area (from Solitaire Street north to Alfred Harrell
Highway/Lake Ming Road connection), curve design shall meet Collector design
standards for horizontal radius curves, vertical curves and road grade, or an
alternate proposed by the developer's engineer may be submitted for
consideration and approval by the City Engineer.
3. Masterson Street shall be built to Arterial road standards in the non-Hillside area
(south of Solitaire Street).
4. Subject to design review and approval by the City Engineer, Masterson Street
cross section within the Hillside Overlay Zone (Exhibit 2) area may where
necessary be reduced to no ~ess than of two 14 foot travel lanes (one in each
direction), a six foot wide bike lane on each side of the roadway and eight foot
wide graded shoulders.
Masterson Street from Paladino Drive to Alfred Harrell Highway is proposed for
inclusion in the Regional Transportation Impact Fee (RTIF) program which allows
two lanes credit with development.
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