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