HomeMy WebLinkAboutRES NO 037-03RESOLUTION NO. 0 37" 0 3
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA 02-0837 OF THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN, LOCATED ADJACENT ON THE EAST SIDE OF AKERS
ROAD, JUST NORTH OF WHITE LANE.
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 GPA 02-0837 of the 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 twenty (20) calendar days before said
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, GPA 02-0837, an amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan is as follows:
Frank Trippichio has proposed to amend the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan by changing the land use map designation from P
(Public Facilities) to HMR (High Medium Density Residential) on 3.41 acres and LR (Low
Density Residential) to HMR (High Medium Density Residential) on 2.21 acres located
adjacent on the east side of Akers Road, just north of White Lane; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on November 29, 2002, in
accordance with CEQA; and
WHEREAS, by Resolution No. 26-03 on January 16, 2003, the Planning Commission
recommended approval of Case No. GPA 02-0837, as shown in Exhibit "1", and this Council
has fully considered the finding made by the Planning Commission as set forth in that
Resolution; 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 city staff, the Planning Commission, and this Council;
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 Case No. GPA 02-0837 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
circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with 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 711.4 of the State of California
Department of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
2. The Negative Declaration for GPA 02-0837 is hereby 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 Case No. GPA 02-0837 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
"1", and subject to Conditions of Approval as provided in Exhibit "2", attached
hereto and incorporated as though fully set forth, for property located adjacent
on the east side of Akers Road, just north of White Lane.
That Case No. GPA 02-0837, approved herein, be combined with other
approved cases described in separate resolutions, to form a single General Plan
Amendment.
The Planning Division of the Development Services Department is hereby
directed to file a Notice of Determination with the County Clerk of Kern County,
pursuant to the provisions of Section 21152 of the Public Resources Code and
Section 15094 of the CEQA Guidelines adopted pursuant thereto and a
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
......... 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 February 26, 2003, by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMSER ~
COUNCILMEMBER /%J~
COUNCILMEMBER
PAMELA A. McCARTHY, CMC ~
CITY CLERK and Ex Officio Clet'k of the
Council of the City of Bakersfield
APPROVED ~EB 2 6 2003
HARVE~/~.. HALL
Mayor of the City of BaRersfield
APPROVED as to form
BART J. THILTCTEN
City Attorney ,,
3
AKERS
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ROAD
ROAD
EXHIBIT '1
EXHIBIT 2
GPA/ZC NO. 02-0837
CONDITIONS OF APPROVAL
Along with submittal of any development plan, subdivision, or appliaction for a lot line adjustment, the
following shall occur:
1.1. Completion of the full improvements for Akers Road, including sidewalk for the full frontage and a
right turn lane at the project entrance, if required. Improvements shall be done in one segment.
1.2. Dedication of that portion of a City standard cul-de-sac bulb for Alum Avenue which would fall
upon this property, or dedication and construction of Alum Avenue to connect with the existing
portions of this street both east and west of the subject property. This is required based upon
orderly development and the efficient provision of City services.
Access to the collector street will be limited and determined at time of division or development.
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 the General Plan Amendment shall be included in the Consolidated
Maintenance District. The developer shall pay all fees for inclusion of the entire area in the
Consolidated 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.
Prior to issuance of a building permit, the developer shall construct a crash gate at the western end of
Alum Avenue, just west of Real Road, from the north right-of-way line of Alum Avenue to the south
right-of-way line of Alum Avenue. The design of the crash gate shall meet all City of Bakersfield
standards and shall be approved by the City of Bakersfield Public Works Department.
S:\GPA 4th Qtr 2002\02-0837~EXHIBiT 2.DOC