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Home My WebLink AboutRES NO 219-03RESOLUTION NO. 2 1 g - 0 3 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN MENDMENT 03-0764 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 public hearings on MONDAY, SEPTEMBER 15, 2003 and THURSDAY, SEPTEMBER 18, 2003, MONDAY, SEPTEMBER 29, 2003 and on THURSDAY, OCTOBER 2, 2003 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 03-0764 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-0764 MCMillan Albany, LLC C/O Porter-Robertson has requested an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from GC (General Commercial) to LR (Low Density Residential) on 5± acres generally located along the northwest corner of Progress Road and Panama Lane; 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 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 of the Mitigated Negative Declaration and disapproval of General Plan Amendment 03-0764 and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and ORIGINAL 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, DECEMBER 10, 2003,on the above described General Plan Amendment 03-0674 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. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The appeal of the Planning Commission decision by Porter-Robertson was duly considered. 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: 1. The above recitals and findings incorporated herein, are true and correct. The Mitigated Negative Declaration for 03-0764 is hereby approved and adopted with mitigation measures as shown on Exhibit Al. 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 and accepted. ORIGINAL The recommendation of the Planning Commission recommending disapproval of General Plan Amendment 03-0764 is hereby disapprove The City Council hereby approves General Plan Amendment 03-0764 of the proposed amendment to the Land Use Element of the 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 property generally located along the northwest corner of Progress Road and Panama Lane. 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 December 10, 2003 by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Mayor of the City of Bakersfield / APPROVED as to form VIRGINIA GENNARO City Attorney ~ EXHIBII$: (Attached) A1 Mitigation/Conditions A2 GPA Map PAMELA A. McCARTHY, CftC CITY CLERK and Ex Officio'Clerk of the Council of the City of Bakersfield RED S:~Dole\03~)764~CC GPAR App.doc ORIGINAL Planning 1. EXHIBIT A1 Mitigation/Conditions GPA 03-0764 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. If cultural resources are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional archaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. If any human remains are discovered, all 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. Public Works This proposal will result in an overall decrease in trip generation from previously approved entitlements and therefore no additional traffic study is needed. The fee program improvements mitigate impacts of the existing densities and therefore will do so with the proposed reduced densities. The development shall be required to pay into the adopted Regional Traffic Impact Fee program. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: As required for Tentative Tract 6169, provide fully executed dedication for Panama Lane to arterial standards for the full frontage of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping and slope easements as directed by the City Engineer. Submit a current title report with the dedication documents. 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. Residential development on the site will have no access to Panama Lane. Access will be from the interior local streets in Tentative Tract 6169. 5. 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 Consolidated 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. S:~D ole~O3~)764~Mitigation A1 ,doc ORIGINAL ........... . .SOUTHERN P,~C, IE~¢/~IkRQAQ r- ITl Z --I I ORIGINAL