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Home My WebLink AboutRES NO 151-03RESOLUTION NO. 151-03 RESOLUTION MAKING FINDINGS, APPROVING A NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 03-0418 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. LOCATED NORTH OF HOSKING AVENUE, BETVVEEN WIBLE ROAD AND STATE ROUTE 99. (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, June 16, 2003, and THURSDAY, June 19, 2003, on Case No. 03-0418 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. 03-0418 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-04t8: Mark Ponder representing Charles & Velvree McLaughlin has applied to amend the La nd Use Element of the Metropolitan Bakersfield General Plan consisting of changes to the Land Use designation from LMR (Low Medium Density Residential) and GC (General Commercial) to LR (Low Density Residential) on 20 acres. The project site is located north of Hosking Avenue, generally between Wible Road and State Route 99; 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. 102-03 on June 19, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment No. 03-0014 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, July 30, 2003, on the above described General Plan Amendment No. 03-0418 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 applicant by prior written agreement to comply with all adopted mitigation measures contained within the Negative Declaration. That a Negative Declaration for General Plan Amendment No. 03-0418 is hereby recommended for approval. The General Plan Amendment 03-0418 is hereby approved to LR (Low Density Residential) on 20 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 03-0418 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from LMR (Low Medium Density Residential) and GC (General Commercial) to LR (Low Density Residential) on 20 acres, as requested by the applicant and shown on attached map in Exhibit "B", located north of Hosking Avenue, generally between Wible Road and State Route 99, 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. 03-0014 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- 0418 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 north of Hosking Avenue generally between Wible Road and State Route 99, subject to conditions of approval shown on Exhibit "A". ORdINAl That Case No. 03-0418, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. That this resolution shall not become effective until July 30, 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 an..d .a~ol~tQ~l~y the Council of the City of Bakersfield at a regular meeting thereof held on JUL ;5 U ~UUJ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER . , . f ,~, CITY CLERK and Ex Officio qle~k of the JUL 3 0 ;~003 Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: BART THILTG~N City Attorney/' MO:djl S:\GPA 2nd Qb' 2003\03-0418'~{esolutions~res,gpa_cc.doc ORIGINAl EXHIBIT "A" Conditions of Approval General Plan Amendment/Zone Change No. 03-0418 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). The developer shall pay the statutory fees authorized under Education Code Section 17620 and Government Code Sections 65995 et seq. (all as amended with an operative date of November 4, 1998) at the time that building permits are issued. With submittal of a land division or Lot Line Adjustment application, provide dedication of Hosking Road to collector standards, including expanded intersections. 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 facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. Submit verification to the City Engineer of the existing sewer systems 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 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 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. Development on the site be subject to the Phase II Regional Traffic Impact Fee. 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. June 24, 2003 MO:djl S:\GPA 2nd Qtr 2003\03-0418~A SR\Oondition Exh A.doc 0R~INAL EXHIBIT "B" Map GENERAL PLAN AMENDMENT 03-0418 400 0 F ~CANAL ~ LMR GC TO LR U SR GC T30S. P,27E T30S. R28E