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Home My WebLink AboutRES NO 088-03RESOLUTION NO. 0 8 8" 0 3 A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 03-0009 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE SOUTHEAST CORNER OF BUENA VISTA ROAD AND PACHECO ROAD AND THE NORTHEAST CORNER OF BUENA VISTA ROAD AND THE ALIGNMENT OF HARRIS ROAD. 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 GPA 03-0009 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 03-0009, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: Mclntosh and Associates has proposed to amend the Land Use Element of the Metropolitan Bakersfield General Plan by changing the land use map designation from GC (General Commercial) to LR (Low Density Residential) on 11.98 acres located at the southeast corner of Pacheco Road and Buena Vista Road and LR (Low Density Residential) to GC (General Commercial) on 13.90 acres located at the northeast corner of Buena Vista Road and the alignment of Harris Road; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures with respect to archaeological resources were adopted for the project, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on February 28, 2003, in accordance with CEQA; and WHEREAS, by Resolution No. 59-03 on March 20, 2003, the Planning Commission recommended approval of Case No. GPA 03-0009, as shown in Exhibit "1", and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; 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 26, 2003, on the above described Case No. GPA 03-0009 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 provided. 2. The provisions of the California Environmental Quality Act have been met. The proposed project as mitigated would not have a significant effect on the environment. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The Mitigation Monitoring and Reporting Checklist in Exhibit "3" is hereby recommended for adoption. 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 711.4 of the State of California Department of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. The Negative Declaration with mitigation measures for GPA 03-0009 is hereby 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 Case No. GPA 03-0009 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "1", and subject to Conditions of Approval/Mitigation Measures as provided in Exhibit "2", attached hereto and incorporated as though fully set forth, for property located at the southeast corner of Pacheco Road and Buena Vista Road and the northeast corner of Buena Vista Road and the alignment of Harris Road. ~ The Mitigation Monitoring and Reporting Checklist in Exhibit "3" is hereby adopted. That Case No. GPA 03-0009, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. ......... 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 28, 2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBERBENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN COUNClLMEMBER COUNCILMEMBER N.~'~'~ COUNCILMEMBER~-,~ PAMELA A. McCARTHY, CMC.~ CITY CLERK and Ex Officio Cl~rk of the Council of the City of Bakersfield APPROVE?~=~ ~~e ~3~t~Lof Be ke rsfi~/ APPROVED ast~ form BART J. THILTGEN City Attorney EXHIBIT I BUENA VISTA ROAD EXHIBIT 2 GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 03-0009 CONDITIONS OF APPROVAL/MITIGATION MEASURES 2.) 3.) 4.) 5.) 6.) The area between Harris Road and Pacheco Road is to be done in no more than two segments per approved tentative tracts. Therefore, dependent upon the sequence of land division or development, off-site improvement may be required. Access on Buena Vista Road shall be limited to right-in, right-out, and perhaps left-in and specific access locations will be determined at time of development or division. If a full access on Buena Vista Road is desired, the developer/subdivider shall pay for and install a traffic signal and form a maintenance district to pay for its use and maintenance. If the location of the existing canal creates situations where standards cannot be met for Buena Vista Road access, then it shall either be placed underground or relocated (outside of public road rights of way) so access locations will conform to standards. A landscape maintenance district shall be formed and all costs paid by the developer/subdivider prior to site plan approval or with submittal of a land division map or application for a lot line adjustment. If cultural resources, either historic or prehistoric, are discovered during development activities, the developer shall halt all work in the area of the find and hire a qualified archaeologist to assess the resource. The developer shall hire a qualified archaeologist to monitor any heavy equipment earthmoving activities on the southern ten (10) net acre parcel of the project site, located at the northeast corner of Buena Vista Road and the alignment of Harris Road. S:\GPA 1 st 2003~03-0009~EXHIBIT 2.DOC EXHIBIT 3 General Plan Amendment/Zone Change 03-0009 Mitigation Monitoring and Reporting Checklist Mit VERIFICATION OF COMPLIANCE No. Monitoring and Party Mitigation Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks I If cultural resources, either historic or Site Plan Review/ Tentative Map/ Planning prehistoric, are discovered during Tentative Map Site Plan Department development activities, the developer shall Review Review halt all work in the area of the find and hire a Approval qualified archaeologist to assess the resource. 2 The developer shall hire a qualified Site Plan Review/ Tentative Map/ Planning archaeologist to monitor any heavy Tentative Map Site Plan Department equipment earthmoving activities on the Review Review southern ten (1 O) net acre parcel of the Approval project site, located at the northeast comer of Buena Vista Road and the alignment of Harris Road.