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.
S:\Mitigation EXHIBIT 1.doc
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