The URL can be used to link to this page

Home My WebLink AboutRES NO 042-04 RESOLUTION NO. ~ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 03-1155 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED WEST OF JEWE'I-rA AVENUE, GENERALLY 700 FEET SOUTH OF BIRCHHAVEN DRIVE. (Ward 4). 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 Case No. 03-1155 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 No. 03-1155 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-1155: The City of Bakersfield applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from ER (Estate Residential) to SR (Suburban Residential) on 4.77 acres. The project site is located along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven 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 a Negative Declaration with mitigation 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. 168-03 on December 18, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment Case No. 03-1155 subject to conditions and mitigation listed in Exhibit "A" 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 25, 2004, on the above described General Plan Amendment No. 03-1155 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: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. (3~( ~v~.,~d?~ ORIGINAL 2. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 03-1155 is hereby recommended for approval. The General Plan Amendment 03-0341 is hereby approved to SR (Suburban Residential) on 4.77 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. As to General Plan Amendment 03-1155 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from ER (Estate Residential) to SR (Suburban Residential) on 4.77 acres, as requested by the applicant and shown on attached map in Exhibit "B", located west of Jewetta Avenue, approximately 700 feet south of Birehhaven Drive, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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 Negative Declaration for General Plan Amendment No. 03-1155 is hereby approved and adopted. The report of the Planning Commission, including maps and all reports and papers relevant thereto, transmitted by the Secreta~/of the Planning Commission to the City Council, is hereby received, accepted and approved. The City Council hereby approves and adopts General Plan Amendment No. 03- 1155 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located along the west side of Jewetta Avenue, approximately 700 feet south of Birchhaven Drive, subject to conditions of approval shown on Exhibit "A". That Case No. 03-1155, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. ......... 000 ........ ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adoD_te.d,,b¥ the Council of the City of Bakersfield at a regular meeting thereof held on ~:[B ~ '5 ZUt~ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULUVAN, SALVAGGIO COUNClLMEMBER COUNCLMEMBER. COUNCILMEMBER /~t~, CITY CLERK and Ex Offi~id~ Clerk of the Council of the City of Bakersfield APPROVED F£1 25 2004 HARVEY L~.. HA~.L -/ MAYOR of the C ty of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attachments: EXHIBIT "A" - Conditions of Approval. EXHIBIT "B" Map MO:djl S:\GPA 4th Qtr 2003\03-1155\Resolutions\res,gpa cc.doc 3 ORIGINAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 03-1155 If human remains are discovered at any time on the project site, work shall halt and the Kem County Coroner shall be notified immediately (Section 7'050.5 of the Health and Safety Code), and the local Native American community, shall be notified. In the absence of any archaeological resource on the project site, should any archaeological resources are encountered dudng the course of construction, a qualified archaeologist shall be consulted for further evaluation. (Mitigation Measure). Any development on the General Plan Amendment~Zone Change project site shall pay the adopted Regional Transportation Impact Fee. (Mitigation Measure). The developer of the project site shall comply with the Southem San Joaquin Valley Air Pollution Control Distdct Rules 4901 and 4902 and Regulation VIII - Fugitive Dust Rules. (Mitigation Measure). MO:djl S:\GPA 4th Qtr 2003\03-1155~Admin SR\Exh A - Conditions.doc ORIGINAL EXHIBIT B LOCATION MAP ORIGINAL I-- Z u.I LLI Z UJ ORI6IN,~L