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HomeMy WebLinkAboutRES NO 034-03 034-03 RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 02-0853 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, JANUARY 13, 2003 and THURSDAY, JANUARY 16, 2003 on General Plan Amendment 02- 0853 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 02-0853 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment 02-0853 and G. W. Wilson has applied to amend the Land Use Element Of the Metropolitan Bakersfield 2010 General Plan consisting of a change from GC (General Commercial) to HR (High Density Residential) on 1.78 acres generally located along the north side of Height Street approximately 258 feet west of Mt. Vernon Avenue and approximately 80 feet north of State Route-178; 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 the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 28-03 on January 16, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 02-0853 subject to conditions, mitigation measures listed in "Exhibit 1" and this Council has fully considered the finding made by the P~anning 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 26, 2003 on the above described General Plan Amendment 02-0853 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 ~ocal newspaper of general circulation; and WHEREAS, the Council has considered and hereby makes the following findings: All required public notices have been given. 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. Mitigation Measures/Conditions of Approval shown on Exhibit "1" are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 7. The subject site's only vehicular access is to Height Street. 8. The site is adjacent to College Height's Elementary School. 10. 11. The density allowed by the requested HR land use designation and the R-3 zoning may create traffic circulation problems. The subject site's proximity to College Height's Elementary School will require screening between such school and the subject site. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. 12. 13. The Noise study required for this project showed that development would be impacted from noise generated by traffic from State Route-178; however, "Mitigation has been identified ... that will allow residential uses to be placed within the 65-dBA CNEL contou¢' (See Exhibit "C", Negative Declaration Initial Study - Noise Study. 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 General Plan Amendment 02-0853 is hereby approved and adopted. 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 and approved. 4. The City Council hereby approves and adopts General Plan Amendment 02-0853 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 north side of Height Street approximately 258 feet west of Mt. Vernon Avenue and approximately 80 feet north of State Route-178 subject to mitigation measures/conditions of approval shown on Exhibit "1". 5. That, General Plan Amendment 02-0853 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... O00- ....... 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 FEB 2 6 ZOO3 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER /%¢~'~J COUNCILMEMBER ~ COUNCILMEMBER ~ PAMELA A. McCARTHY, CMC (¢ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 26 ?003 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGEN City Attorney ' ? S:\Dole\02-0853\CC GPAR.DOC EXHIBIT "1" MITIGATION MEASURES/CONDITIONS GENERAL PLAN AMENDMENT/ZONE CHANGE 02-0853 Planninq Noise Mitigation for noise levels affecting the proposed project site may be provided by the construction of an acoustical barrier (i.e. sound wall with a height of eight feet, 414 feet in length constructed along the property line fronting Height Street) to reduce interior noise levels of future buildings to 45-dBA CNEL. Future buildings shall be constructed no closer than 50 feet from the center line of Height Street. (ACOUSTICAL ANALYSIS FOR THE PROPOSED RESIDENTIAL DEVELOPMENT ON THE NORTHWEST CORNER ON HEIGHT STREET AND MOUNT VERNON AVENUE, 2002:11). Cultural If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. Public Works There are two existing sewer lines on the property; easements must be granted to the City for both. No buildings are allowed over the sewer lines. There are two parcels in this zone change. The parcels shall either be merged into one parcel, or provide an easement to the landlocked parcel. Height Street shall either: a. Remain a one-way westbound road to Sunny Lane with the easternmost drive access moved a minimum of 100 feet west, or eliminated. Access will be for right turn in and right turn out traffic movements only. Or; Be converted to a two-way street to the westernmost drive access, adjacent to the school. The eastbound to northbound left turn in to the site and the southbound to westbound right turn out at the 10. westernmost driveway shall be channelized to deter wrong-way movements toward the westbound one-way segment of Height Street. The traffic signa~ at the intersection of Sunny Lane and Height Street shall be upgraded and modified to allow two-way operation on Height Street. The easternmost driveway, located on the westbound one-way segment, shall be for emergency access only with appropriate gates closed to normal traffic and located a minimum of 100 feet west of the proposed location, or eliminated if not needed for emergency vehicles. Provide curb, gutter and sidewalk on the north side of Height Street from the existing sidewalk west of the parcel to the existing curb return on Mt. Vernon Avenue. The development is required to pay into the adopted Regional Traffic Impact Fee program. There will be an overall decrease in trip generation from the previously approved entitlements and therefore no additional traffic study is needed. The fee program improvements mitigate impacts of the existing densities and therefore will do so with the proposed reduced densities. Conditions of Site Plan Review shall apply. Install City standard street lights as directed by 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. 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. 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