HomeMy WebLinkAboutRES NO 089-03RESOLUTION NO. 0 8 9 - 0 3
A RESOLUTION MAKING FINDINGS, APPROVING A
NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT NO. 03-0047 OF A PROPOSED AMENDMENT
TO THE LAND USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, LOCATED WEST OF
JEWETFA AVENUE, APPROXIMATELY 250 FEET SOUTH OF
BIRCHHAVEN AVENUE. (Ward 4).
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. 03-0047 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. 03-0047 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 03-0047:
The City of Bakersfield representing the property owner applied to amend the
Land Use Element of the Metropolitan Bakersfield General Plan consisting of
changes as follows: land use designation amendment from ER (Estate Residential)
to SR (Suburban Residential) on 4.77 acres. The project site is located along the
west side of Jewetta Avenue, approximately 250 feet south of Birchhaven 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. 61-03 on March 20, 2003, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 03-0047 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. 03-0047 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:
The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
That the Negative Declaration for General Plan Amendment No. 03-0047 is hereby
recommended for approval.
The General Plan Amendment 03-0047 is hereby approved to SR (Suburban
Residential) on 4.77 acres with a restriction that the minimum lot size of the lots be
14,000 square feet and that the homes along the north property line of the site be
restricted to single-story, 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 03-0047 the recommended amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to
the land use designations from ER (Estate Residential) to SR (Suburban
Residential) on 4.77 acres with a restriction that the minimum lot size of the lots be
14,000 square feet and that the homes along the north property line of the project
site be restricted to single-story, as shown on attached map in Exhibit "B", located
along the west side of Jewetta Avenue, approximately 250 feet south of Birchhaven
Avenue, 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. 03-0047 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-
0047 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 Jewetta Avenue, approximately 250 feet south of
Birchhaven Avenue, subject to conditions of approval shown on Exhibit "A".
That Case No. 03-0047, approved herein, be combined with other approved cases
described in separate resolutions, to form a single Amendment to the Metropolitan
Bakersfield General Plan.
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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.
I HEREBY CERTIFY that the foregoing Resolution was passed and adop_ted by the
Council of the City of Bakersfield at a regular meeting thereof held on MAY P. 8 ?003 , by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
PAMELAA. McCARTHY, CMC ~/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY P, $ 2003
/
HARVEY L. HALL /
MAYOR of the City of Bakersfield ,/
i
APPROVED as to form:
BART THILTGE~I
City Attorney
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EXHIBIT "A"
CONDITIONS OF APPROVAL
EXHIBIT "A"
Conditions of Approval
General Plan Amendment~Zone Change No. 03-0047
Cultural Resources:
1. 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 amhaeological monitor, a qualified archaeologist and the local Native
American community, shall be notified. If any other archaeological artifacts are discovered
dudng site development, all work shall stop until the find has been evaluated by a qualified
archaeologist or historian. (Mitigation Measure).
Planning Commission Conditions:
2. The minimum lot size shall be 14,000 square feet on the project site. (Condition).
3. There shall be a restriction to single-story for the homes developed along the north property line
of the project site. (Condition).
City Council Condition:
4. The development of the site shall not have an east-west street along the north property line of
the project site.
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EXHIBIT "B"
LOCATION MAP
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