HomeMy WebLinkAboutRES NO 032-04RESOLUTION NO. 0 3 ~ ''~ 0 4
RESOLUTION MAKING FINDINGS, APPROVING
THE MITIGATED NEGATIVE DECLARATION AND
ADOPTING GENERAL PLAN AMENDMENT
03-1178 OF PROPOSED AMENDMENT TO THE
LAND USES 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 03-1178 of the proposed amendment
to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 03-1178
Froehlich Construction Company has applied for a general plan
amendment changing the land use designation on 19 acres from GC
(General Commercial) to LMR for that site generally located south of
Brimhall Road and east of River Ranch Drive;
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 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.170-03 on December 18, 2003 the Planning
Commission recommended approval and adoption of General Plan Amendment 03-1178
subject to, mitigation measures/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
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 General Plan
Amendment 03-1178 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
ORIGINAL
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 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.
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 General Plan Amendment
03-1178 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
03-1178 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 south of Brimhall Road and
east of River Ranch Drive subject to mitigation measures/conditions of
approval shown on Exhibit Al.
2 ----
°ORIGINAL
That General Plan Amendment 03-1178, approved herein, be combined
with other approved cases, approved February 25, 2004, 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.o.~...tDe City of Bakersfield at a regular meeting thereof held on
~ 1_ ! ZUU4 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCA~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVEI7c'EB 1 ~[ 2004
APPROVED as to form'
VIRGINIA GENNARO
City Attorney
S:\Dole\03-1178\CC GPAR.doc
ORIGINAL
EXHIBIT A1
MITIGATION
GENERAL PLAN AMENDMENT/ZONE CHANGE 03-1178
Planning
Cultural
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, 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.
Air Quality (Insight Environmental Consultants, Inc.)
The criteria pollutant most affected by proposed mitigation measures will be
PM~0. As the project will be completed in compliance with SJVAPCD Regulation
VIII, dust control measured will be taken to ensure compliance specifically during
Phase 2 - Construction. The mitigation measures are as follows:
1. Water exposed surfaces (soil) three-times/day;
2. Water haul roads (unpaved) three-times/day; and
3. Reduce speed on unpaved roads to under 15 miles per hour.
Public Works
Traffic
1. The development shall be required to pay into the adopted Regional
Traffic Impact Fee fixed rate program.
ORIGINAL
Design
The Westside Parkway will be elevated over Coffee Road, and will then
slope down as it approaches the proposed GPA area. With the current
zoning and land use designation (planned commercial), mitigation for
noise and/or lighting impacts from the Westside Parkway is not required
by either the Federal Highway Works Administration (FHWA) or the City of
Bakersfield General Plan or City ordinances. However, due to the vertical
and horizontal alignment of the Westside Parkway in this area and with
the GPA area as a residential use, potential impacts can be expected due
to both lighting (vehicle headlights and Coffee Road interchange lighting)
and noise. Therefore, prior to construction of any residential units within
the GPA area, the residential developer will provide measures to mitigate
the noise and lighting impacts from the Westside Parkway. In determining
noise impacts, the developer shall either use the noise study prepared for
the Westside Parkway, or have his own noise study prepared and
approved by the City. Mitigation will meet the requirements of the Federal
Highway Administration and the City of Bakersfield. If mitigation consists
of a barrier wall along the Westside Parkway, then the wall will be
constructed within the ultimate right of way of the Westside Parkway.
Subdivision
With submittal of a land division or Lot Line Adjustment application,
provide dedication of Brimhall Road collector standards, including
expanded intersections.
1 .a Prior to the submission of improvement plans, submit a comprehensive
drainage study covering the entire area of the GPNZC to the City Engineer for
his review and approval. 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.
1.b Prior to the submission of improvement plans, 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 for the entire area of the GPNZC.
1.c 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.
ORIGINAL
Access to the arterial and 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.
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 temporary turnaround on Fox Run Drive cannot be abandoned in its
entirety. There must be provisions made for a permanent turnaround per
city standards.
5. Pay the standard residential fees, as adopted at time of development, for
the residential portions.
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~ORIGINAL ~'
ORIGINAl.