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Home My WebLink AboutRES NO 260-04RESOLUTION 260- 04 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION, UPHOLDING THE PLANNING COMMISSION'S DISAPPROVAL OF THE REQUESTED C-2 (REGIONAL COMMERCIAL) ZONE AND DENYING THE APPEAL OF AN AMENDMENT TO TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-30 BY CHANGING THE ZONING OF 10 ACRES FROM R-1 (SINGLE-FAMILY DWELLING) TO C-2 (REGIONAL COMMERCIAL) GENERALLY LOCATED ALONG THE NORTHEAST CORNER OF HOSKING AVENUE AND MONITOR STREET (ZONE CHANGE NO. 04-0266) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the City Council held public hearings on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located along the northeast corner of Hosking Avenue and Monitor Street; and WHEREAS, pursuant to Resolution No. 84-04 on June 17, 2004, the Planning Commission recommended adoption of a Negative Declaration and disapproval of General Plan Amendment 04-0266 amending the Metropolitan Bakersfield General Plan from LR (Low Density Residential) to GC (General Commercial) as delineated on Exhibit B 2 and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission as a result of disapproving the requested General Plan Amendment 04-0266 and by operation of law did not consider the Zone Change 04-0266; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact, and disapproval of a change in zoning of the subject property from R-1 to C-2, and the Council has considered said findings and all appear to be true and correct; 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 city staff, Planning Commission and this Council; and m ORIGINAL WHEREAS, a Negative Declaration with mitigations was advertised and posted on May 4, 2004, in accordance with CEQA; and WHEREAS, the decision of the Planning Commission was appealed by Ralph Abrishami; and WHEREAS, the City Council has considered and hereby makes the following findings: 2. 3. 4. All required public notices have been given. The provisions of the California 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. 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. 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 Negative Declaration for this project. NOW, THEREFORE, BE IT RESOLVED AND FOUND by the Council of the City of Bakersfield as follows: ORiGiNAl 1. All of the foregoing recitals are hereby found to be true and correct. The Mitigated Negative Declaration for Zone Change 04-0266 is hereby approved and adopted with mitigation measures as shown on Exhibit "1". The Planning Commission's recommendation of disapproving the requested zone change from R-1 to C-2 is upheld. That the requested amendment to Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield changing the land use zoning of that certain property in said City, the boundaries of which proper~y are shown on Zoning Map No. 124-30 marked Exhibit "2" attached hereto, and more particularly described in attached Exhibit "3", be denied. 5. The appeal by Ralph Abrishami is denied. 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 September 8, 2004, by the following vote: ......... O00 ......... ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the City of Bakersfield at a regular meeting thereof held on Counc~Cpo~) the 8 ~'01~4 by the following vote: ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER ~L,L~,~ ~ ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 0 8 2004 APPROVED as to form VIRGINIA GENNARO City Attorney ATTACHMENTS Exhibit: B 1 Mitigation B 2 ZC Map B 3 Legal S:\Dole\04-0266\CC ZC Res Deny.rtf. DOC ORiGiNAL Cultural EXHIBIT B 1 MITIGATION GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0200 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. 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 proiect are shown in m OR~G1NAL 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 Signal 3 South H St. & Berkshire Install Signal 6 Install Signal- 1 EBL, South H St. & 1WBL, 1 NBL, 1 SBL 9 Union Avenue & Install Signal- 1 EBL, 2.39% Hosking Rd. 1 WBL 1 WBL (6.41%) 10 Install Signal - 1 EBL, South H St. & 1 WBL, 1WBR, 1 NBL, 1.94% McKee Ave. I 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 Hwy. 1WBL, 1 NBL, 1 SBL 1 SBL (4.87%/ I Traffic Study, Ruettgers & Schuler: 2004. S:~Dole'~4~266\Mitigation Al& B1 doc ORIGINAL L ~-;30..L t-~d I 99~0-1~0 39NVH::3 3NOZ ORIGINAL EXHIBIT B 3 LEGAL DESCRIPTION All that certain real property situated in the County of Kern, State of California, described as follows: The West 1/2 of Lot 29 of Berkshire Farm Tract, in the City of, County of Kern, State of California, as per map recorded in Book 1, page(s) 38, of Maps, in the office of the County Recorder of said County. Excepting unto the Grantor herein all oil, gas and other hydrocarbon substances and minerals within or underlying said land, provided, however, that the grantors herein have no right of entry on the surface of said land, or the sub-surface thereof to a depth of 500 feet for the purpose of drilling, mining, exploring and excavating for all oil, gas, petroleum, other hydrocarbon substances and minerals in and under said land. ORIGINAL