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Home My WebLink AboutRES NO 085-03RESOLUTION NO. 0 8 5' 0 3 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 03-0002 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. (Ward 7). 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 Case No. 03-0002 of 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 (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment No. 03-0002 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-0002: Porter-Robertson Engineering representing Almond Tree Village applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from GC (General Commercial) to LR (Low Density Residential) on 2.91acres. The project site is located along the west side of South Union Avenue, north of Hosking Avenue; and 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 Negative Declaration with mitigation 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 the city staff and the Planning Commission; and WHEREAS, by Resolution No. 51-03 on March 20, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment No. 03-0002 subject to conditions and mitigation listed in Exhibit "A" and this Council has fully considered the finding 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 General Plan Amendment No. 03-0002 of 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 Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. 2. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 03-0002 is hereby recommended for approval. The General Plan Amendment 03-0002 is hereby approved to LR (Low Density Residential) on 2.91 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. As to General Plan Amendment 03-0002 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from GC (General Commemial) to LR (Low Density Residential) on 2.91 acres, as requested by the applicant and shown on attached map in Exhibit "B", located at the northwest corner of Panama Lane and Ashe Road, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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 Negative Declaration for General Plan Amendment No. 03-0002 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 and adopts General Plan Amendment No. 03- 0002 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 along the west side of South Union Avenue, north of Hosking Avenue, subject to conditions of approval shown on Exhibit "A". That Case No. 03-0002, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. This resolution shall not become effective until May 28, 2003, at such time as other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. 2 ......... 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 2 8 Z003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMSER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ PAMELAA. MCCARTHY, CMC ~ CITY CLERK and Ex Officio Clerk'Of the Council of the City of Bakersfield APPROVED MAY 2 $ 2003 APPROVED as to form: BART THILTG~EN City Attorney ,/ MO:djl S:\GPA 1st 2003\03-0002\Resolutions\res,gpa cc.doc EXHIBIT "A" CONDITIONS OF APPROVAL EXHIBIT "A" Conditions of Approval General Plan Amendment/Zone Change No. 03-0002 Cultural Resources: If human remains are discovered at any time on the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall be notified. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. (Mitigation Measure). Planning Department: The applicantJdeveloper of the project site shall construct a six foot high masonry block wall between the project site and the M-2 (General Manufacturing) zoned property, which is located at the northwest corner of Hosking Avenue and South Union Avenue. (Condition). Public Works Department: Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Union Avenue and Hosking Avenue to arterial standards for the full frontages of the area within the GPA and AC request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage Submit verification to the City Engineer of the existing sewer system capability to accept the additional flows to be generated through development under the new land use and zoning. Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of any map or approval of improvement plans Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is require at the access streets(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. Conditions of Approval GPA/ZC 03-0002 Page 2 Developer on site shall be subject to the Phase II Regional Traffic Impact Fee. The entire area covered by this GPA and ZC request shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion 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 and ZC area MO:djl S:\GPA 1st 2003\03~002'tAdmJn SR\Exh A - Cond.doc EXHIBIT "B" LOCATION MAP 0 0 0 ! 0 NOIN~ Hlno~ Z IJJ