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Home My WebLink AboutRES NO 72-97RESOLUTION NO. ~' 2" 9 ? 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. P96- 0777). 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: Simpson-Lusich-VanCuren, Inc. for Kamies Elhouty has proposed to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from High Density Residential to General Commemial on 1.9 acres, for property located on the east side of Pershing Street between California Avenue to the north and the intersection of 10th Street to the south; 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. 23-97 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 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 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 notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. 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 General Commercial 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 consistent with surrounding patterns of residential and commercial land uses. 7. Site plan review of future commercial development on the site will assure the inclusion of adequate design measures to address compatibility concerns with neighboring residential development. 8. The proposed General Commercial designation is consistent with the level of circulation access and public services presently available in the area. 9. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQ^) 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 ^gency'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. P96-0777." 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 east side of Pershing Street between California Avenue to the north and the intersection of 10th Street to the south, subject to mitigation measures shown on Exhibit "A". ---------()()()_...---- 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 MAY 7 '1197 , by the following vote: I BER "_'!nUn C.Il>SON SMITH McDERMOTT ROWlES. SUU.IVAN. SALVAGGIO AYES: COUNCtLMEM u.lMV',,", 1Vl" . NOES: COUNCIt.M~ (\ (') III i2.. ABSTAIN: CQUNClI..MEMBER V\ ("') Y\Jl ABSENT: COUNClLMEM8ER y\ (') l<. ~ II ~ lVk~ CITY CLERK and Ex Officio lerk of the Council of the City of Bakersfield APPROVED MAY 7 1997 t#J~.. BOB PRICE MAYOR of the City of Bakersfield r~~ .,~.~...~(;.::....;~~{I - "" 3 . 1.- 'i'~, (~ i'?V~}JAl. 'rr1 ,..-- ~...,. APPROVED as to form: JUDY SKOUSEN CITY A'I-rORN EY MJM:pjt April 24, 1997 res\rg0777-cc 4 EXHIBIT "A" Concurrent General Plan Amendment/ Zone Change Case No. P96-0777 Conditions of Approval/Mitigation Measures 2 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. Additional impacts were identified in the traffic study, the developer shall be required to pay his share of the improvements listed below based upon an approved engineer's estimate of the costs. 2.1 Pay the proportionate share of upgrading the intersection (through striping and/or widening as appropriate) of Brundage Lane at Union Avenue to add a west bound to south bound left turn lane and a south bound to west bound right turn lane. The proportionate share is 2.7%. 2.2 Pay the proportionate share of upgrading the intersection (through striping and/or widening as appropriate) of California Avenue at Chester Avenue to add a south bound through lane and west bound to south bound left turn lane. The proportionate share is 0.5%. No development within the subject site shall be permitted without the prior submittal and approval of a Planned Commercial Development (P.C.D.) application pursuant to Section 17.54 of the Bakersfield Municipal Code. MJM:pjt Apdl 1, 1997 p:g0777-ea EXHIBIT "B" GENERAL PLAN AMENDMENT P96-0777 LI / GC / D / z / > / < / ! 30 29 LI CALIFORNIA AVENUE GC LR 11TH STREET 10TH STREET LR m 9TH STREET LR o:: ~- LR 8TH II LR HR STREET ' GC 31 GC Z 32 LI GC LI ~T 1 1 TH ST. EAST 10TH ST. ud HMR GC HMR ~ ~: HMR EAST 9TH ST. GC HMR HMR N