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Home My WebLink AboutRES NO 051-05RESOLUTION NO. 051'05 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-1322 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH OF HOSKING AVENUE, GENERALLY WEST OF STATE ROUTE 99. (Ward 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. 04-1322 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. 04-1322 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1322: Susan Lucas applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from LR (Low Density Residential) and LMR (Low Medium Density Residential) to GC (General Commercial) on 14.95 acres. The project site is located north of Hosking Avenue, generally west of State Route 99; 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 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. 179-04 on December 9, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-1322 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, March 9, 2004, on the above described General Plan Amendment No. 04- 1322 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 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. 04-1322 is hereby recommended for approval. The General Plan Amendment No. 04-1322 is hereby approved to GC (General Commercial) on 14.95 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 04-1322 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from LR (Low Density Residential) and LMR (Low Medium Density Residential) to GC (General Commercial) on 14.95 acres, as requested bythe applicant and shown on attached map in Exhibit "B", located north of Hosking Avenue, generally west of State Route 99, 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. 04-1322 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. 2 The City Council hereby approves and adopts General Plan Amendment No. 04- 1322 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 north of Hosking Avenue, generally west of State Route 99, subject to conditions of approval shown on Exhibit "A". That General Plan Amendment No. 04-1322, approved herein, be combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. This Resolution shall not become effective until March 30, 2005, at such time as the other General Plan Amendments in this cycle are reviewed by the City Council of the City of Bakersfield. ......... o0o ........ 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 MAR 9 200§ , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY,('~MC CITY CLERK and Ex Offic't'o Clerk of the Council of the City of Bakersfield APPROVED MAR 9 ~-(]0~J MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attached: Exhibit A - Conditions of Approval B - Map MO:djl S:\GPA 4th 2004\04-1322\Resolu§ons~res,gpa_cc.doc 4 EXHIBIT A Conditions of Approval General Plan AmendmentJZone Change No. 04-1322 The applicantJdeveloper of the project site shall submit documentation to the Planning Department, pdor to issuance of any building permit, indicating that they shall meet/have met the San Joaquin Valley Unified Air Pollution Control Distdct requirements. (Mitigation Measure). No cultural resources are discovered dudng project 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 recommendations. The recommendations shall be done by the applicantJdeveloper pdor to commencing with the development. (Mitigation Measure). The developer of the project site shall 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. (Mitigation Measure). If human remains are discovered or identified on the project site at anytime or dudng 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 Amedcan community shall be notified immediately. (Mitigation Measure). Public Works Conditions: With the submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur. Provide fully executed dedication for Hosking Avenue to artedal 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. Submit verity 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. 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 is 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) Exhibit A Conditions of Approval GPNZC 04-1322 Page 2 will also be made at the time of division or development. With the future interchange at SR9 and Hosking Avenue, Caltrans standards will not allow the connection of a public street to Hosking Avenue within the frontage of the GPA area. A driveway will be allowed within the frontage of the GPA area but must be a minimum of 100' from the end of the westedy curb return of the southbound SR 99 off-ramp. Due to the limitation for locating this driveway, the proximity of the GPA area to Hughes Lane, and City standards for major intersections, there is inadequate storage area for a median opening to allow a left-turn into a ddveway into the GPA area and thus will not be allowed. General Plan Amendment/Specific Plan Line 04-1258 for the interchange boundary was adopted by the City Council on November 17, 2004. The portion of the interchange within the GPA area will be reserved for acquisition by the City for the interchange project. This acquisition will be based on a fair-market value appraisal performed by an appraiser acceptable to the City, and the appraisal will be based on the area's current land value using the area's existing general plan designation and zoning. This acquisition will be completed prior to development within the GPA area or within one year from the date of approval of this GPA, whichever or. cure first. 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. 9. Traffic Comments A traffic analysis dated October 13, 2004 was prepared by TPG Consultants justifying that no detailed traffic study is required was found to be acceptable. The analysis accounted for GC area lost with the acquisition of the Hosking Avenue interchange right of way. The analysis shows the change will result in a decrease in potential trip generation (182 PM peak hour tdps reduction). The higher allowable tdp generation is accounted for in the Transportation Impact Fee program, which provides full mitigation. Therefore, since this change would constitute a reduction in potential tdp generation the mitigation improvements provided for in the fee program will provide adequate mitigation. Consequently no traffic impact study would be necessary. We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. MO:djl S:\GPA4th 2004~34-1322V~lmin SRLE. XHIBIT A.doc C:) UJ Z UJ UJ Z W ~VNVO C1NV~I N~l.g~