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Home My WebLink AboutRES NO 050-05 050-05 RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-0867 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED WEST OF STATE ROUTE 99, GENERALLY SOUTH OF HOSKING AVENUE. 0Nard 7) 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, December 6~ 2004, and THURSDAY, December 9, 2004, on Case No. 04-0867 of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of hearing having been 9ivan 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. 04-0867 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0867: PORTER-ROBERTSON ENGINEERING for Jori Balfanz Et. Al., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from GC (General Commercial) to LR (Low Density Residential) on 4.03 acres and from LR (Low Density Residential) to GC (General Commercial) on 7.02 acres. The project site is located west of State Route 99, generally south of Hosking Avenue; 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 ' A Declarations as set forth in CEQA and City of Bakersfield s CEQ Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 175-04 on December 9, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-0867 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 heating on WEDNESDAY, March 9, 2005~ on the above described General Plan Amendment No. 04~3867 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Ptan, notice of time and place of the hearin9 having been 9ivan 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. 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. 04-0867 is hereby recommended for approval. The General Plan Amendment 04-0867 is hereby approved from GC (General Commercial) to LR (Low Density Residential) on 4.03 acres and from LR (Low Density Residential) to GC (General Commercial) on 7.02 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 P~an Amendment 04-0867 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from GC (General Commercial) to LR (Low Density Residential) on 4.03 acres and from LR (Low Density Residential) to GC (General Commercial) on 7.02 acres, as requested by the applicant and shown on attached map in Exhibit "B", located west of State Route 99, generally south of Hosking Avenue, the Planning Commission hereby recommends adoption of such Land Use Element Amendment of the Metropolitan Bakersfield General P~an, 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. 04-0867 is hereby approved and adopted. The report of the Planning Commission, including maps and all repods 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- 0867 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 west of State Route 99, generally south of Hosking Avenue, subject to conditions of approval shown on Exhibit "A". That Case No. 04-0867, approved herein, be combined with other approved cases described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. 6. This Resolution shall not become effective until March 30, 2005, at such time as other General Plan Amendments are reviewed by the City Council of the Cityof Bakersfield. ......... 000 ........ 2 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 by the following vote: AYES: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER NOES: COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER r'~-~,3,.,~,~.., i ~-~ PAMELA A. McCARTHY, CM~ CITY CLERK and Ex Off~cio C~'erk of Council of the City of Bakersfield the APPROVED MAR 9 2005 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey Attached: ExhibitA - Conditions of Approval B - Map MO:djl S:\GPA 4th 2004\04-0867\Resolutlons\res,gpa_cc.doc EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-0867 No archaeological resources were identified on the project site, however, the section of the Buena Vista Canal running through the site is to be relocated along the northern edge of the project area. If archaeological resources associated with the Buena Vista Canal relocation are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation and any measures shall be complied with at that time. (Mitigation Measure). The developer shall pay the Regional Transportation impact Fee in accordance with the City Public Works Department. (Mitigation Measure). 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 California Public Resources Code which detail the appropriate actions necessary for addressing the find) and the local Native American community shall be notified immediately. (Mitigation Measure). A Caline Study addressing carbon monoxide emissions (CO) and a Health Risk Assessment (HRA) to address diesel toxics shall be submitted with any future tentative tract map for the GPA/ZC project site near State Route 99 (SR-99) or the tentative tract map shall be designed not to allow single family dwellings along the west side of SR-99, south of Hosking Avenue (the existing GC site to be changed to LR for this project). Any tentative tract proposal on the project site shall be sent to the San Joaquin Valley Air Pollution Control District for review. (San Joaquin Valley Air Pollution Control District Mitigation Measure). Prior to filing a final map within 700 feet westerly of State Route Highway 99, the subdivider of the project site shall construct a 15-foot high masonry wall, as measured from the highest adjacent grade, along the entire Highway 99 right-of-way for noise attenuation. The subdivider may, atthe expense of the subdivider, submit an undated noise study prior to submittal of a tentative tract map and/or recordation of a final tract map, which provides acceptable noise attenuation mitigation measures to lesson the noise impact to less than significant. The subdivider shall be required to obtain the required permits and approvals from the City of Bakersfield and CalTrans prior to construction. (Planning Condition). Public health, welfare and safety and necessary for orderly development. Recommended in studies prepared for similar residential subdivisions along the west side of Highway 99 in the general area as the project site. The studies are: Exhibit A Conditions of Approval GPAJZC 04-0867 Page 2 "Acoustical Analysis Tract No. 5446," Brown-Buntin Assoc., December 28, 1990. "Acoustical Analysis tract No. 5446," Gordan Bricken & Assoc., May 15, 2001. Public Works Conditions: With the submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: a. Provide fully executed dedication for Hughes Lane to collector standards and Hosking Avenue to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. b. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. c. Submit a comprehensive drainage study. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent areas develops. The study shall be approved and any retention sites and piping systems shall be dedicated to the City. As there will be a future southbound on-ramp to Highway 99, Hughes Lane alignment shall be relocated to the west. The realignment shall be per the plans submitted on Tract 6353. Access to Hosking Avenue shall be limited. A full access shall only be allowed at Hughes Lane. Other access to Hosking Avenue shall be determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. 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 District 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. 10. Traffic Comments: A Traffic Analysis dated July 13, 2004, was prepared by Porter-Robertson Engineering justifying that no justifying that no detailed traffic study is required. The analysis shows Exhibit A Conditions of Approval GP3dZC 04-0867 Page 3 the change will result in an insignificant increase in potential trip generation (76 PM peak hour trips) which is below thresholds established by the City and Caltrans (100 peak hour trips). We concur with the findings of the analysis and recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore will do so due to the minor increase. MO:alii S:\GPA 4th 2004~:)4-0867V~lrnin SR~EXHIBIT A.doc H ~ QVO;5