HomeMy WebLinkAboutRES NO 287-04RESOLUTION NO. ~ 8 ~" 0 ~,
RESOLUTION MAKING FINDINGS, APPROVING THE
MITIGATED NEGATIVE DECLARATION AND ADOPTING
GENERAL PLAN AMENDMENT 04-0821 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,
SEPTEMBER 13, 2004 and THURSDAY, SEPTEMBER 23, 2004 on General Plan Amendment
04-0821 of a proposed amendment to the Land Use Element of 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 04-0821 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 04-0821
Porter-Robertson Engineering has applied to amend the Land Use Element of
the Metropolitan Bakersfield General Plan consisting of a change from HMR
(High Medium Density Residential) to LMR (Low Medium Density Residential) on
approximately 20 acres South side of McKee Road approximately one-half mile
west of State Route-99 and approximately one-fourth mile east of Wible Road.
(APN #: 514-040-05);
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 was prepared; and
WHEREAS, The subject site is within the boundaries of GPA/ZC 03-0341 for which a
Mitigated Negative Declaration was prepared, and such Mitigated Negative Declaration was
utilized for General Plan Amendment 04-0821; and
WHEREAS, when a Negative Declaration has been adopted for a project, no
subsequent Negative Declaration shall be prepared unless there is substantial change and
impact created by the project (CEQ~ Guidehnes Section 15162); and
WHEREAS, the law and regulations relating to the preparation and adoption~q,[ Mitigated
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. 126-04 on September 16, 2004 the Planning
Commission recommended approval and adoption of General Plan Amendment 04-0821
subject to conditions and mitigation measures listed in Exhibit B and this Council has fully
considered the finding 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, November 3, 2004 on the above described of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield General Ptan, 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.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with 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 Negative Declaration for General Plan Amendment 04-0821 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.
The City Council hereby approves and adopts General Plan Amendment 04-
0821 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, attached hereto and incorporated as though fully set forth, for properly
generally located along the nodh side of Hosking Road approximately 500 feet
east of Monitor Street subject to conditions of approval and mitigation measures
shown on Exhibit B.
2
0RIG~NAL
That General Plan Amendment 04-0821, approved herein, be combined with
other approved cases described in separate resolutions, to form a single Land
Use E~ement Amendment.
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3
ORIGINAL
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
~i'1~/ ~n ~ '~nn,, by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CI~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 03 2004
Mayor of the City of Bakersfiel~
APPROVED as to form
VIRGINIA GENNARO
City Attorney
EXHIBITS: (Attached)
Resolution
A GPA Map
B Mitigation/Conditions
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EXHIBIT B
Mitigation Measures
General Plan Amendment 04-0821'
1. If human remains are discovered at any time on the project site, work shall halt
and the Kern County Coroner shalt be notified immediately (Section 7050.5 of the Health
and Safety Code) and the local Native American community, shall be notified.
(Mitigation Measure).
2. According to the Cursory Air Quality Analysis for the proposal, the residential
units constructed on the project site sha~l not have any wood burning stoves. (Mitigation
Measure).
3. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
4. If service requirements exceed the capability of the California Water Service
Company, if the extension of facilities is necessary, water service to the site shall be
provided in accordance to Rule 15 of the State Public Utilities Commission Rules and
Regulations. (Mitigation Measure).
5. It is anticipated that the General Plan Amendment/Zone Change project site will
pay the current Regional Transpodation Impact Fee. (Mitigation Measure).
The Mitigated Negative Declaration which was adopted for General Plan Amendment/Zone Change
03-0341 is used for General Plan Amendment 04-0821. These mitigation measures were taken
from the Mitigated Negative Declaration prepared for 03-0341.
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ORIGINAL