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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 ~H __REAL 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