Loading...
HomeMy WebLinkAboutRES NO 259-04 259-04 RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND UPHOLDING THE PLANNING COMMISSION RECOMMENDATION OF DISAPPROVAL AND DISAPPROVING GENERAL PLAN AMENDMENT 04-0266 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 THURSDAY, JUNE 17, 2004 , on General Plan Amendment 04-0266 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 (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general cimulation; and WHEREAS, such General Plan Amendment 04-0266 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Ptan Amendment 04-0266 Ralph Abrishami is requesting an amendment to the Metropolitan Bakersfield General Plan changing the land use designation from LR (Low Density Residential) to GC (General Commercial) on ten acres generally located along the northeast corner of Hosking Avenue and Monitor Road (extended); 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 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 the city staff and the Planning Commission; and WHEREAS, by Resolution No. 84-04 on June 17, 2004, the Planning Commission recommended disapproval of General Plan Amendment 04~0266 and this Council has fully considered the finding 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, September 8, 2004 on the above described General Plan Amendment 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;, WHEREAS, the Council has considered and hereby makes the following findings: 1, All required public notices have been given. The provisions of the Catifornia Environmental Quality Act have been followed. The proposed project will not have a significant effect on the environment. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 5. A traffic study was required for the subject site. 6. The proposed project is inconsistent with the surrounding land uses. The appeal of the Planning Commission decision by Ralph Abrishami was duly considered. The proposed project is inconsistent with the Metropolitan Bakersfield General Plan. Mitigation measures/conditions are included to lessen impacts of the project. 10. The public necessity, general welfare and good planning practices do not justify the amendment to the Metropolitan Bakersfield General Plan. 11. 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 Mitigated 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. 2. The Negative Declaration for 02-0266 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 and accepted. The City Council hereby disapproves General Plan Amendment 04-0266 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 northeast corner of Hosking Road and Monitor Street (extended). The appeal by Ralph Abrishami is denied. O.q ,:, ¢ I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Cour~p of the City of Bakersfield at a regular meeting thereof held on 0 8 ~004 by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~[.~. ~ ~;~'o ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 0 8 2004 Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney ATTACHMENTS: Exhibit: A I Mitigation/Conditions A 2 GPA Map RED S:\Dole\04-0266\CC GPAR Deny. DOC Cultural EXHIBIT A 1 MITIGATION GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0266 PLANNING 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. If the Southern San Joaquin Valley Information Center, CSUB has recommended that a qualified archaeologist conduct a field survey of the entire estimated nine acre site in order to determine if cultural resources exist, such study shall be submitted to the Planning Director with each of the following applications: parcel map, tract map, grading permit or site plan review. "Prior to any ground disturbance activities related to this project, a qualified professional archaeologist shall conduct a field survey of the entire project parcel" 3. 3 Southern San Joaquin Valley Information Center, CSUB. Air Quality "Prior to issuance of building permits within the "Project area, the developer shall obtain a letter from the Air Pollution Control District confirming that the proposed use will not create an objectionable odor or hazardous air pollutant''2. "If the proposed use is determined to emit a hazardous air pollutant, all proper notifications pursuant to California Health & Safety Code, Section 42301.6 will be conducted" 2. The proposed project will adhere to all requirements of the Air District's Regulation VIII 2. 2Air Quality Analysis For Abrishami Project, Joe O'Bannon, Air Quality Consultant, December 2003. Traffic Intersection improvements needed by the year 2024 to maintain or improve the operational level of service of the street system in the vicinity of the project are shown in the table below. This table also identifies which improvements are not covered by the Regional Transportation Impact Fee (RTIF) program and the project's share for the cost of all non-RTIF (local mitigation) improvements. FUTURE STREET IMPROVEMENTS AND LOCAL MITIGATION~ # TOTAL LOCAL MITIGATION IMPROVEMENTS (IMPROVEMENTS NOT PROJECT % SHARE FOR INTERSECTION REQUIRED BY 2004 COVERED BY RTIF) LOCAL MITIGATION 1 South H St. & Panama Lane 1 EBL 2 Monitor St. & Panama Lane Install Si~lnal 3 South H St. & Berkshire Install Si~lnal 6 Install Signal - 1 EBL, South H St. & lWBL, 1 NBL, 1 SBL 9 Union Avenue & Install Signal- 1 EBL, 2.39% Hoskin~l Rd. 1 WBL 1 WBL (6.41%) 10 Install Signal- 1 EBL, South H St. & 1 WBL, lWBR, 1 NBL, 1.94% McKee Ave. 1 NBT, 1 SBL, 1 SBT 1 EBL, 1 WBL, 1 WBR (4.57%) 13 Shannon Dr & Install Signal - 1 EBL, Install Signal - 1 NBL, 2.43% Taft Hw),. lWBL, 1 NBL, 1 SBL 1 SBL /4.87%/ Traffic Study, Ruettgers & Schuler: 2004. S:~Oole~04~)266\Mitigation Al& B1 doc OR??? AL .... SOUT~H~ H KERN ISLAND CANAL __ ~LIJTLIJ UbIIO~L_t~]AVEN~UE L 1 ~ © m 0 0