HomeMy WebLinkAboutRES NO 73-97RESOLUTION NO. ~' 3 - 9 7
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(LAND USE ELEMENT AMENDMENT CASE NO. P97-
oo61).
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, MARCH 17 and THURSDAY, MARCH 20, 1997 on 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-one (21) calendar days before
said hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, such proposed amendment to the Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
Soper Homes, Inc. for Kern County Land Company has
proposed to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the
land use designation from Low Medium Density Residential
to Low Density Residential on 18.57 acres, for property
located on the south side of White Lane between Mountain
Vista Drive on the west and Saddle Drive on the east; and
WHEREAS, for the above-described amendment, 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 mitigations 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 city staff and the Planning
Commission; and
WHEREAS, by Resolution No. 25-97 on March 20, 1997, the Planning
Commission recommended approval and adoption of this General Plan Amendment
subject to mitigation measures listed in Exhibit "A" and this Council has fully considered
the findings 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, MAY 7, 1997, on the above described proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 Genera
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 Cafifomian, a local
newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA)
have been followed.
environment.
The proposed project will not have a significant effect on the
4. Mitigation measures as shown on Exhibit "A" are included in the
project to ameliorate impacts.
5. The proposed Low Density Residential land use designation is
compatible with both existing and proposed land uses and zoning in the vicinity.
6. The proposed type and intensity of development is more consistent
with surrounding patterns of planned residential uses.
7. The proposed residential density is consistent with the level of
circulation access and public services expected to be available in the area.
8. 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 State of California Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-referenced
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 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 Case No. P97-0061, a 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 on the south side of White Lane between Mountain Vista
Drive on the west and Saddle Drive on the east, subject to the mitigation measures as
shown on Exhibit "A".
......... 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
YAY ? 1~ , by the following vote:
AYES: COUNCILMEMBER D~ND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMB~-R ~.~ ~0
ABSTAIN: COUNCILMEMBER ~
ABSEN~ COUNCILMEMBER V~ ~7~ ~o ~
CITY CLERK and Ex Offic[~ Clerk of the
Council of the City of Bakersfield
APPROVED MAY ? 1997
E~B PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
MJM:pjt
April 23, 1997
res\rg0061-cc
4
EXHIBIT "A"
General Plan Amendment P97-0061
Recommended Mitigation Measures
Prior to tentative map submittal, a qualified amhaeologist shall complete an amhaeological study
in compliance with the California Environmental Quality Act. All measures recommended by such
study shall be completed prior to recordation of the tract map. In the event that human remains
are discovered, the County Coroner shall be contacted. Within 30 days of completion of such field
work a technical report should be submitted to the Archaeological Information Center. Proof of
compliance with any recommendations resulting from such evaluation, if required, shall be
submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at
California State University, Bakersfield, and to the City of Bakersfield Development Services
Department.
The developer shall be required to contribute to the Phase II, Regional Traffic Impact Fee (RTIF),
based upon the actual developed uses per the adopted fee schedule. These fees have been
established by Council as minimum mitigation for build out of the general plan.
The project generates a change in peak hour trips below thresholds which would warrant a traffic
impact study, and therefore, no added mitigation is recommended.
Pdor to issuance of a building permit within the project area, the Kern High School district and
Panama-Buena Vista Union School district must be paid the amount of $4.06 per square foot of
assessable space (as defined in Section 65995 of the Government Code) for each residence for
the purpose of providing school facilities. This amount will increase in even numbered years
according to the adjustment for inflation determined by the State Allocation Board for Class B
construction at its January meeting, which increase will be effective as of the date of that meeting.
Payment will not be required to a district which has certified in wnting that alternative mitigation
measures have been undertaken with respect to the project to adequately address school
overcrowding.
MJM:pjt
p:g0061 -ea
EXHIBIT "B"
GENERAL PLAN AMENDMENT P97-0061
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