HomeMy WebLinkAboutRES NO 254-04RESOLUTION MAKING FINDINGS, APPROVING THE
MITIGATED NEGATIVE DECLARATION AND ADOPTING
GENERAL PLAN AMENDMENT 04-0410 OF PROPOSED
AMENDMENT TO THE METROPOLITAN BAKERSFIELD
GENERAL PLAN.
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, June
14, 2004 and WEDNESDAY, June 16, 2004 on General Plan Amendment 04-0410 of a proposed
amendment to the Metropolitan Bakersfield 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 04-0410 of the proposed amendment to
Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 04-0410
Porter-Robertson has applied for a general plan amendment changing the
land use designation on 13.18 acres from GC (General Commercial) SI
(Service Industrial) for that site generally located along the north side of
Hageman Road between Landco Drive and Knudsen 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 Mitigated Negative Declaration 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, the LI (Light Industrial), as recommended by the Planning Commission,
allows land uses which are "Unobtrusive industrial activities that can locate in close proximity to
residential and commercial uses with a minimum of environmental confl'cts"; and
WHEREAS, the LI land use designation and the M-1 zone are consistent with each other
and the surrounding area; and
WHEREAS, by Resolution No. 65-04 on June 16, 2004, the Planning Commission
recommended approval and adoption of General Plan Amendment 04-0410 subject to mitigation
measures and conditions listed in Exhibit A 1, and this Council has fully considered the findings
made by the Planning Commission as set forth in that Resolution; and
ORIGINAL
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 24, 2004, on the above described General Plan Amendment 04-0410 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 given.
2. The provisions of the California Environmental Quality Act have been followed.
3. The proposed project will not have a significant effect on the environment.
Mitigation Measures/Conditions of Approval shown on Exhibit A 1 are included in
the project to ameliorate impacts.
The proposed project, as recommended by the Planning Commission, is consistent
with the surrounding land uses.
The proposed project, as recommended by the Planning Commission, is consistent
with the Metropolitan Bakersfield General Plan.
Public safety, general welfare and good planning practices justify the amendment
to the Land Use Element of the Metropolitan Bakersfield General Plan.
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 Sate of California 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, 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 Mitigated Negative Declaration for General Plan Amendment 04-0410 is
hereby approved and adopted.
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.
0RIGtNAL
The City Council hereby approves and adopts General Plan Amendment 04-0410
of the proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan, constituting changes as shown on the map marked
Exhibit A 2 attached hereto and incorporated as though fully set forth, for property
generally located along the north side of Hageman Road between Landco
Drive and Knudsen Drive, subject to mitigation measures/conditions of approval
shown on Exhibit A 1.
That, General Plan Amendment 04-0410 approved herein, be combined with other
approved cases described in separate resolutions, to form a single Land Use
Element Amendment.
F- m
ORIGINAL
the
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
~'P ~ _R ?_004 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER ~[,~ ~, ~, ~, t.)(~../y~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBITS: (Attached)
A 1 Mitigation/Conditions
A 2 GPA Map
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S:\Do~e\04-0410\CC GPAR.doc
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ORIGINAL
Cultural
1.
EXHIBIT A 1
GENERAL PLAN AMENDMENT 04-0410
MITIGATION
If any human remains are discovered, all work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered during site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
If cultural resources are unearthed during ground disturbance activities, all work
shall halt in the area of the find. A qualified professional archaeologist shall be
called in to evaluate the findings and make the appropriate mitigation
recommendations.
With submittal of a tentative map application, site plan review or grading plan,
whichever occurs first, a cultural resources field survey shall be provided to the
Planning Director.
Prior to issuance of an occupancy permit, the subject site shall be in compliance
with applicable conditions required by Conditional Use Permit 03-0744, Tentative
Parcel Map11010 and Site Plan Review 04-0401.
CONDITIONS
Planning
The precise location of the abandoned and plugged well "KCL-G" 3 shall be
accurately plotted on a map of the subject site and such map shall be presented
to the City of Bakersfield Planning Department and the Department of
Conservation, Division Of Oil, Gas and Geothermal Resources prior to any on-
site construction.The generalized location of the oil well is shown on Tentative
Parcel Map No. 11010.
Public Works
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
Provide fully executed dedication for Landco Ddve, Hageman Road and
Knudsen Drive if necessary, to arterial and collector standards 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 reviewed and approved by the
City Engineer. No more than 2 sumps may be utilized to serve this area;
ORIGINAL
these sumps should be located so that they may be available to serve
adjacent areas as they develop. If only one sump is utilized to serve this
GPA/ZC area, it need not be so located. The study shall be approved and
any required retention site and necessary easements dedicated to the City.
Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through development
under the new land use and zoning.
Access to the arterial and collector streets will be limited and determined at
time of division or development. Determination of whether a dght 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.
4. TRAFFIC COMMENTS
Atdp generation analysis dated February 8, 2004 was prepared by Porter-
Robertson Engineering showing a reduction in trip generation. The higher
allowable density is accounted for in the Transportation impact Fee program,
which provides full mitigation. Therefore, since this change would constitute
a reduction in trip generation the mitigation provided for in the fee program
will provide adequate mitigation. Consequently no traffic impact study would
be necessary.
We concur with the findings of the analysis and recommend that the
development be required to pay into the adopted Regional Traffic Impact Fee
fixed rate program.
S:~h31e~4-O410~xhibit A I Final Mitigation.doc
Mommy, June 28, 2004
ORiGiNAL
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