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HomeMy WebLinkAboutRES NO 185-04RESOLUTION NO. '~ 8 S" 0 Z~ A RESOLUTION MAKING FINDINGS, UPHOLDING APPEAL, ADOPTING NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 03-1545 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ADJACENT ON THE SOUTH SIDE OF PALADINO DRIVE, APPROXIMATELY A QUARTER MILE WEST OF MORNING DRIVE. 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, MARCH 18, 2004, on GPA 03-1545 of the proposed amendment to the Land Use Element 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 03-1545, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: Blumer Development has proposed to amend the Land Use Element of the Metropolitan Bakersfield General Plan by changing the land use map designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on 29.56 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 February 27, 2004, 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, in response to concerns from adjacent property owners, the Planning Commission adopted a condition of approval to limit the number of R-2 (Limited Multiple-Family Dwelling) residential dwelling units to 213 unless an air quality impact study is prepared for future development; and WHEREAS, the City of Bakersfield Development Services Director appealed the subject condition of approval for the following reasons: 1 .) The restriction is discriminatory regarding the development rights enjoyed by other property owners of R-2 zoned properties, 2.) The restriction sets a threshold requirement for an air quality study at a different level from that of the San Joaquin Valley Air Pollution Control District and a level different than other developers must respect, and 3.) The restriction presents ambiguity and difficulty in the administration of the City's Zoning Ordinance by interjecting an arbitrary standard for development that may be in conflict with a standard already adopted for development of R-2 properties; and ORIGINAL WHEREAS, by Resolution No. 19-04 on March 18, 2004, the Planning Commission approved Case No. GPA 03-1545, 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, 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, May 12, 2004, on the above described Case No. GPA 03-1545 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 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 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 State of California Department of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 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 appeal by the Development Services Director is hereby upheld. The Negative Declaration for GPA 03-1545 is hereby adopted. The City Council hereby approves and adopts Case No. GPA 03-1545 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting proposed changes as shown on the map marked Exhibit "A", with conditions of approval as provided in Exhibit "B", attached hereto and incorporated as though fully set forth, for property located adjacent on the south side of Paladino Drive, approximately a quarter mile west of Morning Drive. ......... 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 May 12, 2004, by the following vote: ~ COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARO, SALVAGGIO, SULLIVAN NOES: COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNClLMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio ClerE of the Council of the City of Bakersfield APPROVED MAY ! 2 2004 APPROVED as to form: VIRGINIA G E N~/~O City Attorney' / Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval ORIGINAL rrl EXHIBIT A nl Z 0 I ORIGINAL EXHIBIT B CONDITIONS OF APPROVAL GPNZC 03-1545 With development on or subdivision of the site, municipal sewer service shall be provided to the proposed development or to each lot in the subdivision. Provide fully executed dedication for Paladino Road to arterial standards with class II bike lane for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of any map or approval of improvement plans. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 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. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. With development or division, install traffic signal interconnect conduit, conductor, and pull boxes along Paladino Road. Prior to issuance of any building permit, a 20 foot wide trail along the western boundary line of the project site shall be dedicated to the City of Bakersfield pursuant to the Specific Parks and Trails Plan for Northeast Bakersfield. ORIGINAL