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Home My WebLink AboutRES NO 131-93RESOLUTION NO. 1 3 3- - 0~ A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT III OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-93). 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 THURSDAY, JUNE 17, 1993, on Segment III 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-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment III of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT III: WAYNE A. DEIFEL OF RICKETT, WARD, DELMARTER AND DEIFEL has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from SR (Suburban Residential - -< 4 dwelling units per net acre) to LMR (Low Medium Density Residential - greater than 4 and less than 10 dwelling units per net acre) on 3.49 gross acres located along the northeast corner of Brimhall Road and Jewetta Avenue; and WHEREAS, for the above-described Segment, 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 city staff and the City Council; and ORIGINAL WHEREAS, staff recommended approval of the requested LMR (Low Medium Density Residential) general plan amendment; and WHEREAS, at a Planning Commission public hearing held on June 17, 1993, the Planning Commission by a split vote failed to make a recommendation; 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, AUGUST 11, 1993, on the above described Segment III of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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. 2. The provisions of CEQA have been followed. 3. The proposed General Plan Amendment will not have a significant adverse effect on the environment. 4. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. 5. Conditions of approval attached to the project as Exhibit "A" are included in the project to mitigate impacts. 6. Additional school facility fees are necessary to offset impacts to the Kern High School District and Rosedale Union School District. 7. Park land dedication or in-lieu fees are necessary to offset impacts to the North Bakersfield Recreation and Park District. 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. 2. The Negative Declaration for Segment III is hereby approved and adopted. 2 ORIGINAL 3. The City Council hereby approves and adopts Segment III of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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 northeast corner of Brimhall Road and Jewetta Avenue, subject to conditions of approval shown on Exhibit "A." 4. That Segment III, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-93. .......... o00 .......... 3 ORIGINAL the Council of the City of Bakersfield at a regular meeting thereof held AU~ ~. I ~.~ by the following vote: AYES: COUNCI[MEM~ERS M~, EDWARD%~DeMOND, SMITH, BRUNNI, ROWLE$, 8ALVAGGIO NOES: COUNCILMEMBERS ~)A]~_ ABSTAIN: COUNCILMEM~RS ABSENT: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED fiB~ t 1 ~ MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield RD:pjt res\r293s3.cc July 14, 1993 4 ORIGINAL EXHIBIT "A" General Plan Amendment 2-93, Segment III Zone Change No. 5458 Conditions of Approval Plannin~ Deoartment: In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed endangered species), the applicant must follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). These measures are necessary to. prevent unauthorized take of foxes and to offset any losses to kit fox habitat resulting from on-going construction activities. (Mitigation) If cultural resources (archaeological or historical) should be discovered on the site during any construction activity, construction shall cease and the Cultural Resource Facility at California State University Bakersfield shall be notified of such discovery. At such time the applicant shall contract with the Cultural Resource Facility or other qualified archaeologist to conduct a survey of the site and recommend disposition of resource finds. (Mitigation). Prior to the issuance of a building permit within the project area, $3.48 per square foot of assessable space, as defined in Section 65995 of the Government Code, shall be paid for the purpose of providing school facilities. (Mitigation) Applicant/developer shall dedicate .48 acres of park land to North Bakersfield Recreation and Park District or contribute in-lieu fees to said "district." Public Works: Upon further development or subdivision within the GPA or zone change area, a traffic study shall be submitted identifying impacts from the development and the proposed mitigation of these impacts including the percentage share of the cost of specific improvements required as a part of the proposed mitigation. Access to Brimhall Road is restricted and shall meet City Standards for location and separation. The location of access point(s) shall be determined at the time of further subdivision or at the time of site plan review. Upon further development or subdivision within the GPA or zone change area, the subdivider/developer shall submit a comprehensive drainage study of the area bounded by Jewetta Avenue on the west, Brimhall Road on the south, the west line (or a projection thereof) of Tentative Tract 5417 on the east, and the south line (or a projection thereof) of Tentative Tract 5334 on the north. The drainage study should include, but not necessarily be limited to, drainage calculations, pipe sizes and locations, the drainage basin site and size, and construction phasing. The drainage study shall be submitted to and approved by the City Engineer and any required drainage basin site and necessary easements deeded to the City prior to recording of any subdivision map or certificate of compliance or submittal of any development plan within the GPA or zone change area. City Attornev: The applicant shall enter into an agreement with the city to indenmify and defend it against a challenge to any action of the city upon the application. p:293s3.ea ORIGINAL EXHIBIT "B" GENERAL PLAN AMENDMENT 2-93, SEGMENT III SR lO LMR SI~ ROAD SR .,ITEl ! AF~ARGFR ROAI3