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Home My WebLink AboutRES NO 025-03RESOLUTION NO. 0 2 5" 0 3 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 02-0939 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 4). 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, DECEMBER 16, 2002, and THURSDAY, DECEMBER 16, 2002, then continued the item to MONDAY, JANUARY 13, 2003, and THURSDAY, JANUARY 16, 2003, on Case No. 02-0939 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. 02-0939 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. 02-0939: 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 R-IA (Resoume-lntensive Agriculture) to LR (Low Density Residential) on 20 acres. The project site is located at the northwest corner of Stockdale Highway and Renfro 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. 11-03 on January 16, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment No. 02-0939 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, February 12, 2003, on the above described General Plan Amendment No. 02-0939 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 cimulation; 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. 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. 02-0939 is hereby recommended for approval. The General Plan Amendment 02-0939 is hereby approved to LR (Low Density Residential) on 20 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 02-0939 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, consisting of changes to the land use designations from R-IA (Resource-Intensive Agriculture) to LR (Low Density Residential) on 20 acres, as requested by the applicant and shown on attached map in Exhibit "B', located at the northwest corner of Stockdale Highway and Renfro 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 recommends 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. 02-0939 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- 0939 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 Stockdale Highway and Renfro Road, subject to conditions of approval shown on Exhibit "A'. That Case No. 02-0939, 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 February 26, 2003, 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 FFB I f~ 2003 . by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ PAMELA A. McCARTHY, CMC /)~/ CITY CLERK and Ex Officio Clerk of'the Council of the City of Bakersfield APPROVED FEB 12 2003 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: BART THILTGEI~ City Attorney MO:djl S:\GPA 4th Qtr 2002\02-0939\Resolutions\res,gpa cc.doc 3 Exhibit A-1 Conditions of Approval EXHIBIT A-1 Conditions of Approval General Plan AmendmentJZone Change No. 02-0939 Cultural Resources: If human remains are discovered at any time on 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. 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. (Mitigation Measure). Public Works: Prior to an application being deemed complete for land division, development, boundary adjustment, or other approval for the GPA/ZC site, the following shall be completed to the satisfaction of the City Engineer: Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Submit verification to the City Engineer of the existing sewer system capability to accept the additional flows to be generated through development under the new land use and zoning. Provide fully executed dedication for Stockdale Highway Avenue and Renfro Road to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Each lot within the entire subdivision shall pay its proportionate share of the major improvements. Access to the arterial street will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access points (streets or drives) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Exhibit A-I Conditions of Approval GPA/ZC 02-0939 Page 2 If irrigation lines or ditches will be within the ultimate street rights of way, then the applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of-way. Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of any map or approval of improvement plans. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. No detailed traffic study is required. MO:~ Exhibit A-2 Location Map