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Home My WebLink AboutRES NO 077-03RESOLUTION NO. 0 77 ' 0 3 RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION, APPROVAL OF 'THE APPEAL OF GENERAL PLAN AMENDMENT 02-0641 AND APPROVING THE GENERAL PLAN AMENDMENT 02-0641 AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 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, MARCH 17, 2003, and THURSDAY, MARCH 20, 2003, on General Plan Amendment 02-0641 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 02-0641 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: and General Plan Amendment 02-0641 Milazzo & Associates has applied for an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from HMR (High Medium Density Residential) to GC (General Commercial) on 15.43 acres generally located along the northwest corner of Stine Road and Panama Lane; 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 Mitigated Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, a quorum of four Planning Commissioners conducted the public hearing and the motion to approve the proposed General Plan Amendment resulted in a two to two tie vote; and WHEREAS, without a majority vote, the motion to approve the proposed General Plan Amendment was "denied by operation of law"; and WHEREAS, by Resolution No. 56-03 on March 20, 2003, the Planning Commission recommended disapproval General Plan Amendment 02-0641, 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 14, 2003 on the above described appeal by the applicant and General Plan Amendment 02-0641of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 proposed Project No. 02-0641 was found to be consistent with the Metropolitan Bakersfield General Plan, by virtue of the geometrics of the site, separation of this site by a canal from adjacent uses, access to two arterials and size; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. 3. The proposed project will not have a significant effect on the environment. Mitigation Measures shown on Exhibit "1" are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 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 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. The Mitigated Negative Declaration for General Plan Amendment 02-0641 is hereby approved and 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 this resolution adopting a Mitigated Negative Declaration, approving the appeal of General Plan Amendment 02-0641 and approving the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 northwest corner of Stine Road and Panama. ......... 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 MaY 1 4 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, ~ MAGGARD, HANSON, SULLIVAN, SALVAGGiO COUNCILMEMBER COUNClLMEMBER ~ 01'4 ~'.-- COUNClLMEMBER I~Okl ~- PAMELA A. McCARTHY, Cl~' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED I~IAY 1 z[ 2003 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGE~I City Attorney ? S:\Dole\02-0641\CC GPAR Deny Res. DOC 3 EXHIBIT "1" MITIGATION General Plan AmendmentJZone Change 02-0641 Planning 1. Archaeological - Given the sensitivity of the area we (Southern San Joaquin Valley Information Center, CSUB) recommend that the entire parcel be field surveyed by a qualified professional archaeologist to determine if cultural resources exist there. No project activities should be commenced until the survey has been completed and a report has been submitted to our (Southern San Joaquin Valley information Center, CSUB) office for processing. 2. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, ali work shall stop until the find has been evaluated by a qualified archaeologist or historian. 3. Transportation and Traffic - comply with traffic impact mitigation as shown in TRAFFIC STUDY FOR GENERAL PLAN AMENDMENT AND ZONE CHANGE AT STINE ROAD AND PANAMA LANE FOR MILAZZO & ASSOCIATES, RUETTGERS & SCHULER CIVIL ENGINEERS: 2002. 4. The discovery of any oil, gas or injection wells on the subject site shall immediately be reported to the State of California, Department Of Conservation, Division Of Oil, Gas and Geothermal Resources. Such wells may require remedial mitigation. EXHIBIT '1' (cont.) Future Street Improvements and Local Mitigation Percentages Improvements not covered Project % Sharc Total improvements by RTIF for Local # Intersection Required by 2023 {Local Mitigation) Mitigation White Lane at I SBL. I SBR, I WBL. I WBR, i EBL, I SBL, I SBR, I WBL, 0.5% Stine Road I EBR I WBR, I EBL, I EBR )istrict Boulevard at i lqBL 1.69% 2 Stine Road Pacheco Road at SBL I SBL 1.74% 3 Stine Road Harris Road at Stine I SBL, I SBR, I NBIL I EBL, I EBR, ! EBL, I EBR 3.27% 4 ~,oad I WBL~ I WBT. I WBR NBL, I NB'[, 2 SBL, INSTALL SIGNAL I EBL, I EBT, SBR Panama Lane at 1.63% 5 I EBR. I WBL. ! WBR. I NBL. I NBT. Gosford Road 2 SBL, I SBR INSTALL SIGNAL- I WBL. I EBT. Panama Lane at 3.58% 6 I EBR (NB LANES WILL BE BUILT Reliance Drive WI'DI ADJACENT DEVELOPMENT) - Panama Lane at INSTALL SIGNAL I SBR, I NBL, ] 2.54% 7 Ashe Road I NBR, I WBL. I WBIL I EBT. I EBR Panama Lane at NBT, I NBR 7.79% 8 Stme Road Panama Lane at 2 SBT. I NBL. I NBT. I WBL. I EBT 2 SBT. I NBT 1.2% l0 Wible Road panama Lane at 99 I SBR. I WBR. I EBR SBR 1.14% [ I 0-37%) SB Off Be~d~i~ Ro~d si INSTALL SIGNAL- i SBL, ! NBL 8.'72% 13 ._._____-=--.-----=- ~ II~STALL SIGNAL - I ~I~L, I SBR, I EBL, ! EBR 14 Hosklng Ro~ at I NBL. ! NBR. I WBL. i WBR. I liBL, 4.15% I EBR (%) Caitrans Percent Share bib = North Bound SB = South Bound ~ =Wcst Bound EB = Eaat Bound L = Left Turn Lane T = Through Lane R = Right Turn Lane z~