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Home My WebLink AboutRES NO 122-99RESOLUTION RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT P98-0976 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT AND THE KERN RIVER PLAN ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 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 15, 1999 and THURSDAY, March 18, 1999, on General Plan Amendment P98-0976 of a proposed amendment to the Land Use Element and Kern River Plan Element, 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, General Plan Amendment P98-0976 of the proposed amendment to the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P98-0976 - Located north of Stockdale Highway, south of the Kern River Canal and west of the Arvin-Edison Canal. Land Use Element Kenneth F. Cooper has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from OS (Open Space) to OC (Office Commercial) on 3.4 acres; and Kern River Plan Element Kenneth F. Cooper has applied to amend the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from 8.5 (Resource Management) to 6.25 (Office Commercial) on 3.4 acres; and WHEREAS, the subject site for both the Land Use Element and the Kern River Plan Element is along the north side of Stockdale Highway, south of the Kern River Canal and west of the Arvin-Edison Canal: and WHEREAS, for the above-described General Plan Amendment, 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 was prepared and posted on January 29, 1999 in accordance with CEQA; 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. 47-99 on March 18, 1999 the Planning commission recommended approval of General Plan Amendment P98-0976 and this Council has fully considered the findings made by the Planning commission as set forth in that Resolution; and WHEREAS, on March 11, 1999, the Kern County Board of Supervisor's recommended disapproval of General Plan Amendment P98-0976 to the City Council and this Council has fully considered the recommendation of the Board of Supervisors; 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, April 28, 1999, on the above described proposed amendment to the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 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, by City Council action on April 28, 1999, at the applicant's request, the Council continued General Plan Amendment P98-0976 to the next General Plan Amendment cycle public hearings before the 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, August 11, 1999, on the above described proposed amendment to the Land Use Element and the Kern River Plan Element of the Metropolitan Bakersfield 2010 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. 4 The proposed project, will not have a significant effect on the environment. 4. The proposed amendment is consistent with the surrounding land uses. The proposed amendment is consistent with the surrounding land use designations of the Land Use Element and the Kern River Plan Element. The proposed amendment is substantially consistent with the Land Use Element policies with the possible exception of "commercial policy number 22" and Kern River Plan Element "Commercial policy number 6" which are as follows: 22 Encourage the clustenng of commercial development in compact areas, rather than extended along streets and highways; 6 Commercial areas should be compact, rather than stretched along major arterials or the river. 7. Regarding "commercial policy numbers 22 and 6": a. The subject site is effectively separated from the Kern River environs by physical characteristics which include the Kern River Canal approximately 100 feet wide and six feet in height, and a bike path atop the canal; b. The requested "OC" (Office Commercial) land use designation allows business and professional offices and speciality retail; c. The subject site nursery was established in 1986 and provides landscaping materials and speciality retail gifts; d. Subject site is designated "OS" by the Land Use Element with such designation being used for floodplain and resource management areas, however the site is not located within a floodplain nor is the site used for resource exploitation: e. Subject site is designated "8.5" by the Kern River Plan Element with such designation being uses for management of resources, however the site does not contain any resources, including but not limited to a wildlife habitat, does not have Kern River environs scenic value, is not a water recharge area and does not have physical constraints (i.e. seismic hazard, landslide, steep slopes or flood hazard); f. Subject site is zoned "A" (Agricultural), however the uses allowed in the "A" zone, with the exception of the nursery, are not consistent with the land uses located in the surrounding area. g. Land uses allowed in the "OS and 8.5" designations and the "A" zoning district are not in character with the urban type Land Use Element designations which exist south, east and west of the subject site, nor or the existing designations in character with the existing land uses located south and east of the site; h. Immediately west of the subject site, there are existing "OC" (Office Commercial) and "6.25" (Office Commercial) designations, and "C-O" (Professional and Administrative Offices) zoning which allows professional offices i. Development of this area west of the subject site is evidenced by construction of the "Riverwalk" office complex and billboards east of such complex advertising Riverwalk property and medical offices for lease. j. Disapproval of the requested amendment would deny the applicant the commercial development right enjoyed by property owners east and west of the subject site. Bakersfield as 1. 2. , The Council believes there is sufficient documentation in item number 7.a - j which will allow overriding consideration of the Land Use Element "commercial policy number 22", and Kern River Plan Element "commercial policy number 6", and allow approval of the requested General Plan Amendment. 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 follows: The above recitals and findings incorporated herein, are true and correct. The Negative Declaration for General Plan Amendment P98-0976 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, approved and incorporated as though fully set forth herein. The City Council hereby approves and adopts General Plan Amendment P98- 0976 of the proposed amendment to the Land Use Element and Kern River Plan Element of the Metropolitan Bakersfield 2010 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 north side of Stockdale Highway, the west side of the Arvin-Edison Canal and west of Coffee Road subject to mitigation measures and condition in Exhibit "A". That, General Plan Amendment P98-0976 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment and a single Kern River Plan Element Amendment. ......... o0o ........ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the ~vgof Bakersfield at a regular meeting thereof held on AUG 1 ~L , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER kJO k) E.. COUNCILMEMBER/~J o FJ ~. COUNCILMEMBER t,.) 01~,J I:::- 4 APPROVED AUG BOB/"""~1 ":::~'" '\ ,?'~ MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney CARL HERNANDEZ Assistant City Attorney :S:\Dole\P98-0976\P98-0976 CC GPA Resolution.wpd August 3, 1999 EXHIBIT "A" General Plan Amendment/Zone Change P98-0976 Mitigation Measures/Conditions Of Approval Discover of any onsite oil, gas or injection well will require immediate notification of the Bakersfield office of the Division of Oil and Gas. The Division of Oil and Gas may require remedial operations of such wells. S:\Dole\P98-0976\P98-0976 Ordinance.wpd 4 4 EXHIBIT "B" Maps GENERAL PLAN AMENDMENT P98-0976 - . ROSS E N I o~ R OSOCTO "" L I,., STOC:: LE H ."' "" N CALIFORNIA STATE UNIVERSITY BAKERSFIELD o 600 19906 T30S, R27E J 0 HMR Q O ~ O C_. GF'A P98-0976 KERN RIVER ELEMENT .CROSS VALLEY ~- .,~ .... 7?- ............ ' "' "" ' ' ' ' ' ' ' ""' .., ' K E R N R I V E R //'/ STO:K~ALE HWY. /~T_,~i i 5 T~OS. R27E 0 600 ~CALE IN FEET 19905 CALIFORNIA STALE UN;VERSITY BAKERSFIELD 0 rv 4 C C