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Home My WebLink AboutRES NO 086-03 RESOLUTION NO. 0 8 6" 0 3 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-0005 OF PROPOSED 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 03-0005 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 hearihg by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment 03-0005 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-0005 Gh. Mollagha Semi Tabrizi has applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from GC (General Commercial) to HMR (High Medium Density Residential) on 1.38 acres generally Located along the west side of South "H" Street, approximately 150 feet south of Pacheco Road; 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 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, by Resolution No.53-03 on March 20, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 03-0005 subject to mitigation measures/conditions listed on Exhibit "1" 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 28, 2003 on the above described General Plan Amendment 03-0005 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. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Based on the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. Mitigation Measures/Conditions of Approval 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 Mitigated 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 for 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 03-0005 of 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 west side of South "H" Street, approximately 150 feet south of Pacheco Road subject to mitigation measures/conditions of approval shown on Exhibit "1". That, General Plan Amendment 03-0005 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment approved on May 28, 2003. ......... 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 $ Z003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNClLMEMBER~ COUNCILMEMBER ~'~ ~ PAMELA A. McCARTHY, CM~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 28 2003 Mayor of th~ City of Bakers~'~ld APPROVED as to form BART J. THILTGEN City Attorney ? S:\Dole\03-0005\CC GPAR.doc EXHIBIT "1" MITIGATION/CONDITIONS General Plan Amendment/Zone Change 03-0005 Negative Declaration/Initial Study Planning A qualified professional archeologist shall conduct a field survey of the entire 1.38 acre parcel in order to determine if cultural resources exist on site. 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, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. CONDITIONS Public Works Department 1. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for South "H" Street to arterial standards for the full frontages of the area within the GPA 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. b. Construct 25' wide alley along the entire west side of property and provide dedication. Access is not allowed from "H" Street to property. Alley is to connect to South "H" Street on north side of property. c. 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. 2. 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 required at the access street(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 a~t: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. 3. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. 4. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate 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. 5. Sewer service is required for this property. Provide a sewer study. This proposed change results in a reduction in potential trip generation than the present higher density allowed by the General Plan. No traffic impact study would be necessary. Development shall be subject to the standard Regional Impact Fee established by the fee schedule. S:\Dole\03-0005\MITIGATION.doc I11 SOUTH H STP, EET K~RN ISLAND CANAL m z .--i 0 I 0 0 0