HomeMy WebLinkAboutRES NO 295-04RESOLUTION NO. 29~- 04
A RESOLUTION MAKING FINDINGS, UPHOLDING THE
APPEAL, APPROVING THE NEGATIVE DECLARATION,
AND APPROVING GPA NO. 04-0885, A PROPOSED
AMENDMENT TO ELIMINATE CONDITION NOS. B.I. AND
B.2. OF EXHIBIT B iN RESOLUTION NO. 207-03 THAT
REQUIRE A PEDESTRIAN BRIDGE OVER THE KERN
RIVER CANAL AND IMPROVED PEDESTRIAN PATH AND
ACCESS EASEMENT FROM LOUGHTON AVENUE TO
STOCKDALE HIGHWAY, LOCATED SOUTH OF STOCKDALE
HIGHWAY AND EAST OF BUENA VISTA ROAD.
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 THURSDAY,
SEPTEMBER 23, 2004, on GPA 04-0885 of the proposed amendment to eliminate two
conditions approved for General Plan Amendment/Zone Change No. 03-0745 that require a
pedestrian bridge over the Kern River Canal and improved pedestrian path and access
easement from Loughton Avenue to Stockdale Highway, notice of the time and place of hearing
having been given twenty (20) calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, GPA 04-0885, a request to eliminate two conditions approved for General
Plan Amendment/Zone Change No. 03-0745 that require a pedestrian bridge over the Kern
River Canal and improved pedestrian path and access easement from Loughton Avenue to
Stockdale Highway is as follows:
General Plan Amendment No. 04-0885. Castle & Cooke California, Inc. (c/o
Mclntosh & Associates) has requested the elimination of two conditions
approved for General Plan Amendment/Zone Change No. 03-0745 that require a
pedestrian bridge over the Kern River Canal and improved pedestrian path and
access easement from Loughton Avenue to Stockdale Highway. The subject
conditions are Condition Numbers B.1. and B.2. of Exhibit B in Resolution No.
207-03 that were adopted by the City of Bakersfield on November 19, 2003; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment,
and, therefore, a Negative Declaration was prepared and posted on August 16, 2004, in
accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
DecJarations, as set forth in CEQA and the City of Bakersfieid's CEQA implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 136-04 on September 23, 2004, the Planning
Commission denied Case No. GPA 04-0885, and this Council has fully considered the findings
made by the Planning Commission as set forth in that Resolution; and
ORIGINAL
WHEREAS, Mclntosh and Associates, on behalf of Basil Zuniga, Lucas Dobrzanski, and
Castle and Cooke California, Inc., appealed the Planning Commission's denial of the project;
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 Case No. GPA 04-0885 of the proposed
amendment to eliminate two conditions approved for General Plan AmendmentJZone Change
No. 03-0745 that require a pedestrian bridge over the Kern River Canal and improved
pedestrian path and access easement from Loughton Avenue to Stockdale Highway, 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 provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
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 State of California Department
of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
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.
3. The appeal is hereby upheld.
4. The Negative Declaration for GPA 04-0885 is hereby adopted.
The City Council hereby approves Case No. GPA 04-0885 of the proposed
amendment to eliminate two conditions approved for General Plan Amendment
No. 03-0745 that require a pedestrian bridge over the Kern River Canal and
improved pedestrian path and access easement from Loughton Avenue to
Stockdale Highway, being Condition Numbers B.1. and B.2. of Exhibit B in
Resolution No. 207-03 and adopted by the City of Bakersfield on November 19,
2003, as shown in Exhibit "A", for property located at the southeast corner of k
Stockdale Highway and Buena Vista Road. oA ~ K~-~
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ORIGINAL
......... 000 ........
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 November 3, 2004, by
the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER BENHAM. CARSON. COUCH, HANSON. MAGGARD. SALVAGGIO, SULLIVAN
COUNClLMEMBER
COUNCILMEMBER
COUNCILMEMBER.
PAMELA A. McCARTHY, ~t~C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Mayor of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
Exhibit Attached:
Exhibit A - Condition Numbers B. 1. and B. 2. of Exhibit B in Resolution No. 207-03
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EXHIBIT A
EXHIBIT B
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 03-0745
CONDITIONS OF APPROVAL
A.)
TRANSPORTATION QONDITION$:
A detailed trip generation analysis was submitled showing a reduction in
trip generation from previous entitlements. The LR to HR parcel is within
the 'South of Bdmhall" EIR development area. The analysis satisfactorily
demonstrates that the total trip generation for the entire study area,
considering both developed portions and remaining undeveloped portions,
is less than provided for in the EIR. Mitigation measures and Impact fees
established Ihrough the EIR p~ocess are therefore still adequate.
The analysis for the HR to OC parcel shows there will be a reduction in PM
peak trips; therefore, the higher allowable density is accounted for in the
Transportation Impact Fee program, which provides full mitigation.
Therefore, because this change would constitute a reduction in trip
generation, the mitigation provided for in the fee program will provide
adequate mitigation.
Based on the analysis, the development is to be subject to the appropriate
fees and mitigation measures in effect at time of development.
2.)
Access to the arterial and collector streets will be limited and determined at
time of division or development. Determination of whether a right turn lane
is required at the access street(s) or openings will also be made at the time
of division or development.
3.)
A full access opening onto arterials will only be considered if the developer:
a) Funds and installs a traffic signal at the proposed opening.
b) Requests formation of a traffic signal maintenance district and pays
all costs for creating said district.
c) Submits a signal synchronization study for review and approval,
which shows progression is not adversely affected.
B.) OFFI(~E (~OMMERCIAL SITE (~,ONDITIQN$:
~. 1 ) Prior to issuance of any grading or building permit, the developer shall
provide the following:
S~PA 3~ 2003'¢)3-0745~FInal ~ O~ ~{~n~J-doc I
a)
Detailed plans for constructing a minimum eight (8) loot wide
pedestrian bridge across the Kern River Canal at the location
identfled in Tract No. 5426 - Phase B. The pedestrian bridge shall
align with the ten (10) foot wide pedestrian access easement
recorded on Tract No. 5426 - Phase B at the end ot Loughton
Avenue. The detailed construction plans shall be approved by the
City of Bakersfield Public Works Department, Building Department,
Planning Department, and Water Resources Department.
b)
Detailed plans for the treatment of the existing ten (10) foot wide
pedestrian access easement from the end of Loughton Avenue to
the required pedestrian bddge on the Kern River Canal. The
detailed plans shall be approved by the City of Bakersfield Public
Works Department, Building Department, Planning Department,
and Water Resources Department.
c)
Detailed plans for the treatment of a ten (10) toot wide pedestrian
access easement from the required pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway. The
detailed plans shall be approved by the City of Bakersfield Public
Works Department, Building Department, Planning Department,
and Water Resources Department.
Grant to the City of Bakersfield, a ten (10) foot wide pedestrian
access easement from the required pedestrian bddge on the Kern
River Canal to the right-of-way line of Stockdale Highway.
2.)
Prior to issuance of a certificate of occupancy for any development on the
OC/C-O site at the southeast corner of Stockdale Highway and Buena
Vista Road, the developer shall construct and complete the following:
a)
A minimum eight (8) foot wide pedestrian bridge across the Kern
River Canal at the location identlied in Tract No. 5426 - Phase B.
The pedestrian bridge shall align with the ten (10) foot wide
pedestrian access easement recorded on Tract No. 5426 - Phase
B at the end of Loughton Avenue.
b)
The pedestrian access from Loughton Avenue to the pedestrian
bridge on the Kern River Canal at the location idenffied in Tract No.
5426 - Phase B.
c)
The pedestrian access from the pedestrian bridge on the Kern
River Canal to the right-of-way line of Stockdale Highway.
3.) Lighting/Glare:
a)
The developer shall design extedor elevations and facades with
minimum use of glazing, mirrors and reflective materials or colors.
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ORIGINAL