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Home My WebLink AboutRES NO 030-04RESOLUTION NO. 0 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-1165 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, DECEMBER 15, 2003 and THURSDAY, DECEMBER 18, 2003 on General Plan Amendment 03-1165 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 03-1165 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-1165 Michael J. Callagy/Cornerstone Engineering, Inc. has applied for a general plan amendment changing the land use designation on 30 acres from HMR (High Medium Density Residential), OS (Open Space) and R- MP (Resource-Mineral Petroleum) to LR (Low Density Residential) for that site generally located approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road-Vineland Road intersection; 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. 189-03 on December 18, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 03-1165 subject to mitigation measures and conditions listed in Exhibit A1 and this Council has fully considered the finding 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, FEBRUARY 11, 2003 on the above described General Plan Amendment 03-1165 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. 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. Mitigation Measures/Conditions of Approval shown on Exhibit A1 are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. Public safety, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. 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. Flooding through the site can be accommodated by the proposed 60 inch storm drain. 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 correct. The Mitigated Negative Declaration for General Plan Amendment 03-1165 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 03-1165 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit A2 attached hereto and incorporated as though fully set forth, for property generally located approximately 1,100 feet south of Chase Drive and approximately 3,000 feet east of the Kern Canyon Road-Vineland Road intersection subject to mitigation measures/conditions of approval shown on Exhibit Al. That General Plan Amendment 03-1165 approved herein, be combined with other approved cases, approved on February 25, 2004 and described in separate resolutions, to form a single Land Use Element Amendment. the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council~.[B ! ~f?-Dt~ CitYbyoftheBakersfieldfollowing vote:at a regular meeting thereof held on ABSTAIN: ABSENT: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER COUNCILMEMBER. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield MORE SIGNATURES ON THE NEXT PAGE 3 ORIGINAL APPROVED FEB I I HAl:IVEY L. HALL -- /'- Mayor of the City of Bakersfield APPROVED as to form7 VIRGINIA GENNARO City Attorney Exhibits: A1 Mitigation A2 Map S:\Dole\03-1165\OO GPAR.doc 4 ORIGINAL EXHIBIT A1 MITIGATION General Plan Amendment/Breckenridge Hills Specific Plan Amendment/Zone Change 03-1165 Planning Planning 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. If cultural resoumes 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. 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. Hydrology Study (Preliminary Hydrology Study for Young/Gaona GPA & ZC, October, 2003) To minimize the risk of flooding to the proposed development, a 60 inch storm drain is recommended to allow drainage to pass under the site. The subject site shall also be designed to allow flood waters to pass through the development via streets, channels, etc. in the event that the proposed pipeline becomes blocked. Inlet and outlet structures shall be designed to minimize the potential fro pipeline blockage. Public Works With development on or subdivision of the site, municipal sewer service shall be provided to the proposed development or to each lot in the subdivision. A 24" sewer trunk line is available west of the site. A sewer lift station will not be permitted. Include the following with submittal of any application for a land division, lot line adjustment, or development plan: ORIGINAL a. fully executed offer of dedication for Shalane Avenue to collector standards along the south line of the section. Submit a current title report with the offer of dedication documents. b. a sewer study to show how municipal service will be provided c. a circulation plan showing how access will be provided to Assessor's Parcels $8?-040-07 & 387-040-08 and how a connection can be made through the site from Shalane Avenue to existing Earnhardt Drive. This area is within the boundaries of the Breckenridge Hills Specific Plan. Development and construction shall be in conformance with the approved Specific Plan. 5. This area is within the boundaries of the Breckenridge Planned Drainage Area (PDA). Development and construction of drainage facilities shall be in conformance with the approved PDA. 6. 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. S:\Dole~03-1165~litigation A1 .doc ORIGINAL rn rn ORIGINAL IT! Z m .Zrn m~ Z> m Z