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Home My WebLink AboutRES NO 206-03RESOLUTION NO2 0 6 -0 3 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-0742 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, SEPTEMBER 15, 2003 and THURSDAY, SEPTEMBER 18, 2003, SEPTEMBER 29, 2003 and OCTOBER 2, 2003 on General Plan Amendment 03-0742 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 03-0742 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-0742 Dick Carr has applied for a general plan amendment on 5.00 acres changing the land use designation from LI (Light industrial) to LMR (Low Medium Density Residential) for that site generally located along the South side of Wilson Road, approximately 600 feet west of Union 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 Mitigated Negative Declaration 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. 142-03 on October 2, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 03-0742 subject to conditions, mitigation measures 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, November 5, 2003 on the above described General Plan Amendment 03-0742 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. 3. The proposed project will not have a significant effect on the environment. 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. 5. The proposed project is consistent with the surrounding land uses. 6 The proposed project meets the "airport compatibility criteria" of Zone "C". The proposed project is consistent with the Airport Land Use Compatibility Plan. The Airport Land Use Compatibility Plan is consistent with the Metropolitan Bakersfield General Plan. The proposal is consistent with typical mobile home park construction and the Housing Element for Iow income housing. 10. The project is consistent with the Housing Element of the Metropolitan Bakersfield General Plan. 11. The proposed project is consistent with the Metropolitan Bakersfield General Plan. 12. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. 13. 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 Bakersfield as follows: The above recitals and findings incorporated herein are true and 2 ORIGINAL The Mitigated Negative Declaration for General Plan Amendment 03-0742 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 Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit A "2", attached hereto and incorporated as though fully set forth, for that site generally located along the South side of Wilson Road, approximately 600 feet west of Union Avenue, subject to conditions of approval and mitigation measures in Exhibit A "1". That, General Plan Amendment 03-0742 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the C~p. cil of the City of Bakersfield at a regular meeting thereof held on V 1_ 9 2003 by the following vote: NOES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, ~ SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER ~ i COUNCILMEMBER ~ PAMELA A. McCART-HY~ ~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 19 ?nnl HARVEY L. HALL ~ Mayor of the City of Bakersfield ORIGINAL APPROVED as to form BART J, THII-TGEN City Attorney S:\Dole\03-0742\CC GPAR.doc ORIGINAl. EXHIBIT A"I" MITIGATION/CONDITIONS General Plan Amendment/Zone Change 03-0742 Negative Declaration/Initial Study Planning Commission Applicant shall dedicated an over flight easement for any and all parts of the proposed mobile home park located within Airport Compatibility Zone On the east and west portions of the mobile home park, more specifically the area located east and west of the ingress/egress driveway, the chain line fence shall be moved back five feet further than shown on the site plan. The area between the fence and Wilson Road to be landscaped. The intent is to meet the ordinance requirements for fence and landscaping at the west and east property line. Planning If any human remains are discovered, ail 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. If cultural resources are unearthed during ground disturbance activities, all work shall haft in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey shall be provided to the Planning Director. Public Works Access points from Wilson Road into the site shall be located directly across from Michael Street and another from 300' to 450' west of Michael Street. ORI01NAL Mitigation/Conditions GPA/ZC 03-0742 Page 2 Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Wilson Road to collector 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. 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. c. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. 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. The south half of Wilson Road is to be widened and improved to city standards on the frontage. The north half of Wilson Road is to be reconstructed to city standards for the tie into the new pavement on the south side. LU Z ILl