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Home My WebLink AboutRES NO 033-04 RESOLUTION NO.0 3 ~ ' 0 4 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-1190 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, 2003and THURSDAY, DECEMBER 18, 2003 on General Plan Amendment 03-1190 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 03-1190 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-1190 Brett Dawson has applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of a change from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 81.50 acres located along the east side of Morning Drive approximately 300 feet north of State Route-178 (EXHIBIT A2); 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. 177-03 on December 18, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 03-1190 subject to conditions, mitigation measures 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, 2004 on the above described General Plan Amendment 03-1190 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. Mitigation Measures/Conditions of Approval shown on Exhibit A1 are included in the project to ameliorate impacts. 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 03-1190 is hereby approved and adopted. ORIGINAL 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 03-1190 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 along the east side of Morning Drive approximately 300 feet north of State Route-178, subject to mitigation measures/conditions of approval shown on Exhibit Al. That General Plan Amendment 03-1190, approved herein, be combined with other approved cases approved on February 25, 2004 and March 10, 2004 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 ~r~ill_ ~)[~e City of Bakersfield at a regular meeting thereof held on by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCLMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield FEB 1 1 2OO4 APPROVED 3 ORIGINAL APPROVED as to form VIRGIN A GENNARO City Attorney Exhibits: A1 Mitigation/Conditions A2 GPA Map S:\Dole\03-1190\CC GPA Res.doc ORIGINAL EXHIBIT A1 MITIGATION/CONDITIONS General Plan Amendment/Zone Change 03-1190 Negative Declaration/Initial Study 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, 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. Interior Noise Exposure (Acoustical Analysis, Tentative Tract No. 5982, Bakersfield, California) Interior noise levels will satisfy City standards with the following recommendations: 1. Mechanical ventilation or air conditioning should be installed so windows and doors may remain closed to provide for the necessary acoustical insulation. 2. Windows shall be carefully installed, sealed and caulked so that there are no openings between the window assembly and wall. 3. Exterior doors, excluding glass doors, shall be solid-core wood with perimeter weather stripping and threshold seals. Biota (Biota Report, Tract 5982, 80 Acres +, Sl/2, SW1/4, Sec 18, T29S, R29E, MDN, Bakersfield, California) Since kit fox are known to exist in the general area, it is recommended that all construction personnel be instructed to be on the lookout for kit fox sign during earth disturbance phases of construction. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies for resolution. ORIGINAL Air Quality (Air Quality Analysis. Tentative Tract 5982, Kern Highland Partners, LP) Short-Term Project Emissions, Phase 2-Construction Mitigation 1. Sidewalks and/or pedestrian paths will be provided. 2. Street lighting will be provided. 3. Pedestrian signals will be provided where necessary. 4. Unpaved roads will be watered a minimum of 3 times a day. 5. Speed will be reduced to less than 15 miles per hour on all unpaved roads. PM10 Mitigation Water exposed surfaces (soil) three times per day. Water all haul roads (unpaved) three times per day. Reduce speed on unpaved roads to under 15 miles per hour. Public Works Include the following with submittal of any application for a land division, lot line adjustment, or development plan: a. fully executed dedication for Morning Drive to arterial standards along the westerly side of the site. Submit a current title report with the dedication documents. b. the right of way reservation necessary for the State Route 178/Morning Drive interchange. c. dependent upon the option selected for the State Route 178/Morning Drive interchange, right of way for the Auburn Street realignment. d. a cimulation plan showing how this site will be affected by the easterly extension of Panorama Drive from Morning Drive. e. the proposed disposition of the existing County Road 912 (old Morning Drive alignment) which traverses the site in a southwesterly to northeasterly alignment. 2. Development on or division of the site shall take into consideration the existence and location of the Northeast Sewer Trunkline so that it will be within proposed roadways or improved public areas and not located within lots or other private areas. 3. Upon development or division of this site, provision shall be made for access as approved by the City Engineer through this site to the adjacent area to the south. ~ %~,j(,4,d,~ ORIGINAL Upon development or division of the site, additional dedication for and construction of a right turn lane will be required on Morning Drive at the entrance to the development or subdivision. 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. Payment of landscaped median island fees for the Morning Drive frontage are required but may be paid prior to recordation of any map or approval of improvement plans. 7. 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. ORIGINAL Z rn Z ! ORIGINAL