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HomeMy WebLinkAboutRES NO 031-04RESOLUTION NO. 0 3 ~ "0 4 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING SPECIFIC PLAN AMENDMENT 03-1165 TO THE BRECKENRIDGE HILLS SPECIFIC 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 Specific Plan Amendment 03-1165 of a proposed amendment to the Breckenridge Hill Specific 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 Specific Plan Amendment 03-1165 of the proposed amendment to the Breckenridge Hills Specific Plan is as follows: Breckenridqe Hills Specific Plan Amendment 03-1165 An amendment to the Breckenridge Hills Specific Plan Changing the Map Code designations from Map Code 5.2 (Residential - Maximum 16 Units Per Net Acre) to Map Code 5.3 (Residential - Maximum 10 Units Per Net Acre), from Map Code 8.5/2.5 (Resource Management/Physical Constraints-Flood Hazards) and Map Code 8.4 (Resource-Mineral Petroleum) to Map Code 5.3 on 30 acres for that site 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 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. 190-03 on December 18, 2003, the Planning Commission recommended approval and adoption of Specific Plan Amendment 03-1165 subject to mitigation measures/conditions shown on Exhibit B1 and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; and ORIGINZ,! 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, 2004 on the above described Specific Plan 03- 1165 of the proposed amendment to the Breckenridge Hills Specific 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. Mitigation Measures/Conditions of Approval shown on Exhibit B1 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 Breckenridge Hills Specific Plan. The proposed project is consistent with the Metropolitan Bakersfield General Plan. Public safety, general welfare and good planning practices justify the Amendment to the Breckenridge Hills Specific 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. 2 10. The proposed 60 inch storm drain will accommodate flood flow from the hills to the east. 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 Breckenridge Hills Specific 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 Specific Plan Amendment 03-1165 of the proposed amendment to the Breckenridge Hills Specific constituting changes as shown on the map marked Exhibit B2 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 BI. That Specific Plan Amendment 03-1165 approved herein, be combined with other approved February 25, 2004, and 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 ~;ouncil of the City of Bakersfield at a regular meeting thereof held on FEB '~ j[ _?~ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 3 PAMELA A. McCAR~'~Y, CMC ~' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 1_ 1- ~.0~~, HARVEY L HALL "'// Mayor of the City of Bakersf~ld APPROVED as to form VIRGINIA GENNA/BO City Attorney /' Exhibits: B1 B2 Mitigation Breckenridge Hills Specific Plan Amendment Map S:\Dole\03-1165\CC SPAR.doc 4 EXHIBIT B1 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 resources are unearthed during ground disturbance activities, ail 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 1. 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. 2. A 24" sewer trunk line is available west of the site. A sewer lift station will not be permitted. 3. 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 387-040-07 & 387-040-08 and how a connection can be made through the site from Shalane Avenue to existing Earnhardt Drive. 4. 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~O3-1165~Mitigation B1 .doc ORIGINAL ~Z m~ © m z I ORIGIN,~£