HomeMy WebLinkAboutRES NO 038-04RESOLUTION NO. 0 ,~ 3 =' 0 ~:
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING THE
AMENDMENT TO THE BRECKENRIDGE HILLS SPECIFIC
PLAN CASE NO. GPA 03-1189 OF THE METROPOLITAN
BAKERSFIELD GENERAL PLAN, LOCATED GENERALLY
SOUTH OF CHASE AVENUE AND EAST OF KERN CANYON
ROAD (STATE ROUTE 184) IN THE SE QUARTER OF THE
SE QUARTER OF SECTION 20, T.29S., R.29E., M.D.B.M.
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 GPA 03-1189 of the
proposed amendment to the Breckenridge Hills Specific Plan of the Metropolitan Bakersfield
General Plan, notice of the time and place of hearing having been given twenty (20) calendar
days before said hearing by publication in the Bakersfield Californian, a local newspaper of
general circulation; and
WHEREAS, GPA 03-1189, a requested amendment to the Breckenridge Hills Specific
Plan of the Metropolitan Bakersfield General Plan is as follows:
San Joaquin Engineering, Inc. has proposed to amend the Breckenridge Hills
Specific Plan of the Metropolitan Bakersfield General Plan by changing the Map
Code designations from: 1.) Map Code 5.2 (Max. 16 du/net ac.) to Map Code 5.3
(Max. 10 du/net ac.) on 1 acre, 2.) Map Code 8.5/2.5 (Resource ManagementJ
Flood Hazards) to Map Code 5.3 on 1.6 acres, 3.) Map Code 8.4 (Mineral &
Petroleum) to Map Code 8.5/2.5 on .18 acres, 4.) Map Code 8.5/2.5 to Map
Code 5.4 (Max. 4 du/net ac.) on .06 acres, and 5.) Map Code 8.4 to Map Code
5.4 on 5.5 acres; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on November 28, 2003, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 187-03 on December 18, 2003, the Planning
Commission approved Case No. GPA 03-1189, as shown in Exhibit "A", and this Council has
fully considered the findings made by the Planning Commission as set forth in that Resolution;
and
WHEREAS, on December 23, 2003, the applicant submitted an appeal to the conditions
of approval adopted by the Planning Commission; and
ORIGIN~,[
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of
Section 85355 of the Government Code, conducted and held a public hearing on Wednesday,
February 11, 2004, on the above described Case No. GPA 03-1189 of the proposed
amendment to the Breckenridge Hills Specific Plan 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 raquirad public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
Based on the absence of evidence in the record as raquirad 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 State of California Department
of Fish and Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-raferance absence of evidence in the record and the Lead
Agency's decision to prapara a Negative Declaration for this project.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
2. The Negative Declaration for Case No. GPA 03-1189 is hereby adopted.
3. The applicant's appeal is hereby upheld.
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 Case No. GPA 03-1189 of the
proposed amendment to the Breckenridge Hills Specific Plan of the Metropolitan
Bakersfield General Plan, constituting proposed changes as shown on the map
Marked Exhibit "A", and the conditions of approval as provided in Exhibit "B",
attached hereto and incorporated as though fully set forth, for property located
generally south of Chase Avenue and east of Kern Canyon Road (State Route
184), in the SE Quarter of the SE Quarter of Section 20, T.29S., R.29E.,
M.D.B.M.
....... -O00 ......
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 February 11,2004,
the following vote: ~(3~
2 ~-
ORIGI~
ABSTAIN:
ABSENT:
COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN
COUNCILMEMBER
COUNClLMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CI~I~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FE.B
-/
HARVEY L. HALL
Mayor of the City of Bakersfield /
APPROVED as to fer~n:
VIRGINIA GENNAR~i'
City Attorney ~
Exhibits Attached:
Exhibit A - Map Code Designations
Exhibit B - Conditions of Approval
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EXHIBI~~
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EXHIBIT B
BRECKENRIDGE HILLS SPECIFIC PLAN AMENDMENT NO. 03-1189
CONDITIONS OF APPROVAL
With development on or subdivision of the project site, municipal sewer service
shall be provided to the proposed development.
A 24" sewer trunk line is available west of the project site. A sewer lift station is
permitted for the project site.
Include the following with submittal of any application for a land division, lot line
adjustment, or development plan:
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 a connection can be made through the site
from Shalane Avenue to existing McKenna Court.
This area is within the boundaries of the Breckenridge Hills Specific Plan.
Development and construction shall be in conformance with the approved Specific
Plan.
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.
The entire area covered by this zone change shall be included in the Consolidated
Maintenance District. Fees for inclusion in the Consolidated Maintenance District
were paid with the submittal of Tentative Tract Map No. 6251.
ORIGINAL