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Home My WebLink AboutRES NO 291-04RESOLUTION NO. ~ 9 ~ .. 0 ~ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-0998 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED ALONG THE NORTH SIDE OF SNOW ROAD, EAST OF THE FRIANT-KERN CANAL, GENERALLY WEST OF CALLOWAY DRIVE. (VVard 4). 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 Case No. 04-0998 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 circulation; and WHEREAS, such General Plan Amendment No. 04-0998 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0998: Smith Tech USA Inc. representing Michel Etcheverry applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from R-IA (Resource-Intensive Agriculture) to SR (Suburban Residential) on 0.75 acres. The project site is located along the north side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway 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 Negative Declaration with mitigation was prepared; and WHEREAS, the ~aw 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. 127-04 on September 23, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-0998 subject to conditions and mitigation listed in Exhibit A 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, November 3, 2004, on the above described General Plan Amendment No. 04-0998 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 ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the Findings of the Planning Commission, incorporated herein. That the applicant by prior written agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. That the Negative Declaration for General Plan Amendment No. 04-0998 is hereby recommended for approval. The General Plan Amendment 04-0998 is hereby approved to SR (Suburban Residential) on 0.75 acres as requested by the applicant and recommended by staff, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. As to General Plan Amendment 04-0998 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from R-IA (Resource-Intensive Agriculture) to SR (Suburban Residential) on 0.75 acres, as requested by the applicant and shown on attached map in Exhibit "B", located north of Snow Road east of the Friant-Kem Canal, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "A", and recommend same to City Council. 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 No. 04-0998 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 No. 04- 0998 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located at the north of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Ddve, subject to conditions of approval shown on Exhibit ~A". That Case No. 04-0998, approved herein, be combined with other approved cases in this general plan amendment cycle described in separate resolutions, to form a single Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan. 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted bythe Council of the City of Bakersfield at a regular meeting thereof held by the following vote: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVA~GIO COUNClLMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNClLMEMBER PAMELA A. McCART~H~,~_C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 3 2004 APPROVED as to form: VIRGINIA GENNARO City Attorney Attached: ExhibitA - Conditions of Approval B- Map MO:djl S:\GPA 3rd 2004~04-0998~Resolu~ons~res,gpa_cc,doc 4 ORIGINAL EXHIBIT A Conditions of Approval General Plan Amendment No. 04-0998 If human remains are discovered or identified on the project site at any time or during site disturbance, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the Califomia Public Resources Code which detail the appropriate actions necessary for addressing the find) and the local Native Amedcan community shall be notified immediately. (Mitigation Measure). If archaeological resources are encountered dudng the course of construction, work shall stop in the area of the find and a qualified archaeologist shall be consulted for further evaluation. All measures shall be conducted prior to resuming the construction in the find area. (Mitigation Measure). If the service requirements exceed the capability of the California Water Service Company's existing facilities, or 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). The applicant shall be required to pay into the adopted Regional Traffic Impact Fee program. (Mitigation Measure). Pdor to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Snow Road to Artedal Standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than1 sump may be utilized to serve this area; 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 GPNZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. (Public Works Condition). Access to the artedal 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. (Public Works Condition). p- m Exhibit A Conditions of Approval G PA 04-0998 Page 2 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 Distdct 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. (Public Works Condition). MO:djl S:\GPA 3rd 2004\04-0998',Admin SR~EXHIBIT A Cond.doc EXHIBIT B Map 3AI~IO 5