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Home My WebLink AboutRES NO 12-00RESOLUTION NO. I 2," 0 0 A RESOLUTION MAKING FINDINGS AND ADOPTING PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT CASE NO. P99-0867) 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 13 and THURSDAY, DECEMBER 16, 1999 on 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 cimulation; and WHEREAS, such proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: Porter-Robertson Engineering & Surveying, Inc. has requested to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use designation from Resource - Intensive Agriculture to Low Density Residential on 5 +/- acres located on the west side of Renfro Road, south of Johnson Road, on the north side of the future Kern River Freeway alignment; and WHEREAS, for the above-described amendment, it was determined that the proposed project is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines (General Rule), as this project represents a minor extension of existing zoning districts WHEREAS, there is no possibility that the proposal could have a significant on the environment; therefore, an Notice of Exemption has been prepared by staff; and WHEREAS, the Notice of Exemption is available for inspection at the Planning Department of the City of Bakersfield; and WHEREAS, by Resolution No~o~-~ on December 16, 1999, the Planning Commission recommended approval and adoption of this General Plan Amendment subject to mitigation measures listed in Exhibit "1" and this Council has fully considered the findings 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 9, 2000, on the above described 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 notices have been given. 2. The project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the General Rule. 3. The proposed Land Use Element Amendment constitutes a minor extension of an existing Low Density Residential designation onto a "remnant" land parcel no longer required for future public right-of-way needs. 4. Approval of the amendment would allow for the logical and consistent development of the adjoining property in a manner consistent with surrounding and projected land uses in the vicinity. 5. There is an adequate level of circulation access and public facilities available in the project vicinity to support the proposed se intensity. 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 is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts General Plan Amendment Case No. P99-0867, a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "2," attached hereto and incorporated as though fully set forth, for property generally located on the west side of Renfrew Road south of Johnson Road, on the north side of the future Kern River Freeway alignment, subject to mitigation measures shown on Exhibit "1 ". 5. That P99-0867, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment as the Fourth Quarter cycle for 1999. 2 :~ ......... 000 ........ 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 FFB 0 9 2000 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER ~Ot'J ~- COUNClLMEMBER ~Jo ~-- COUNClLMEMBER ~Q~ ~ CITY CLERK and Ex OffiCio Clerk of the Council of the City of Bak(~rsfield FEB 0 9 2000 APPROVED BO B ~Ri C~:~' MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: S:\RGPA-0867.CC 3 EXHIBIT "1" Concurrent General Plan AmendmentJ Zone Change P99-0867 Mitigation Measures/Conditions of Approval Prior to submittal of a tentative map on the site, a qualified archaeologist shall complete an archaeological study in compliance with the California Environmental Quality Act. All measures recommended by such study shall be completed prior to recordation of the tract map. In the event that human remains are discovered, the County Coroner shall be contacted. Within 30 days of completion of such field work a technical report should be submitted to the Archaeological Information Center. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. Future development on the site shall be subject to the Phase II Regional Impact Fee program for traffic facilities mitigation, as determined by the Traffic Engineer. Future development on the site shall provide for installation of minimum six foot high masonry wall screening with an adequate landscaped buffer strip along the northerly (Johnson Road) and easterly (Renfro Road) boundaries. Wall and landscape design shall be subject to review and approval in accordance with the provisions of Section 16.28 of Title 16, Bakersfield Municipal Code (Subdivisions). S:\P99-0867-cond-! EXHIBIT GENERAL PLAN AMENDMENT P99-0867 SR SR ~o SR JOHNSON ROAD c/~ LR LMR I I GC R-IA T29S, R26E STOCKD~J._E W I HIGHWAY ER LR 3, 35 59907