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HomeMy WebLinkAboutRES NO 071-05RESOLUTION NO. ~) ~ .]. ~' 0 5 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-1343 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED NORTH OF SNOW ROAD, GENERALLY EAST OF ALLEN ROAD. 0Nard 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 headng on MONDAY, December 6, 2004, and THURSDAY, December 16, 2004, on Case No. 04-1343 of a proposed amendment to the Land Use Element of the General Plan, notice of the time and place of headng having been given at least twenty (20) calendar days before said headng by publicafion in the Bakersfield Cah'fomian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment No. 04-1343 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1343: MAURICE ETCHECHURY applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from R-MP (Resource-Mineral Petroleum) to SI (Service Industrial) on 22.5 acres. The project site is being annexed to the City. The project site is located north of Snow Road, generally east of Allen Road; 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. 201-04 on December 16, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-1343 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 headng on WEDNESDAY, March 30, 2005, on the above described General Plan Amendment No. 04-1343 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 headng 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. ,~ 2. That the applicant by prior wdtten agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration. 3. That the Negative Declaration for General Plan Amendment No. 04-1343 is hereby recommended for approval. 4. The General Plan Amendment 04-1343 is hereby approved to SI (Service Industrial) on 22.5 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. 5. That the infrastructure exists or can easily be provided to accommodate the types of density and intensity of the development. 6. As to General Plan Amendment 04-1343 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from R-MP (Resource-Mineral Petroleum) to SI (Service Industrial) on 22.5 acres, as requested by the applicant and shown on attached map in Exhibit "B", located north of Snow Road, generally east of Allen Road, 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. 2. The Negative Declaration for General Plan Amendment No. 04-1343 is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts General Plan Amendment No. 04- 1343 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 properbJ generally located at the north of Snow Road, generally east of Allen Road, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 04-1343, 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 City of Bakersfield. 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_~l~_~_~rs~, by the following vote:  COUNC[LMEMBER COUCH, CARSON, BENHAM, MACGARD, HANSON, SULLIVAN, SCRIVNER : COUNC LMEMBER ABSTAIN: COUNC LMEMBER ABSENT: COUNC LMEMBER PAMELA A. McCARTH.Y_(~C~. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ~I~R 3 0 2005 APPROVED as to form: VIRGINIA GENNARO City Attorney Attached: Exhibit A - Conditions of Approval Exhibit B - Map MO:djl S:\GPA 4th 2004~04-1343~Resolu§ons~res,gpa_cc.doc EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-1343 No archaeological resources were identified on the project site, however, if archaeological resources are encountered during the course of construction, a qualified archaeologist should be consulted for further review of the entire parcel. Any measures by the archaeologist shall be complied with at that time. (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 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). Public Works Conditions: With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication for Allen Road Drive and Snow Road to arterial and collector standards, including expanded intersections and additional landscaping as directed by the City Engineer. Submit a current title report with the dedications. 5. The site is within and to subject conditions of the Western Rosedale Specific Plan. 6. Prior to tentative approval of a development on or division of the site provide dedication of a connection of Allen Road to Zerker Road. If the developer/subdivider cannot obtain the right of way, then he shall post the required upfront costs for eminent domain proceedings and enter into an agreement with the City and pay all costs for obtaining the right of way. and if each parcel in the site is not currently served by a municipal sewer system, then submit to the City Engineer for review and approval a sewer study to show how municipal sewer service will be provided to the entire site. The study shall provide verification to the City Engineer of the capability of the existing sewer system to accept the additional flows to be generated through development under the new land use and zoning. indicate easements or offers of dedication necessary to permit implementation of the study such as major sewer line alignments and lift station sites, Exhibit A Conditions of Approval GPA/ZC 04-1343 Page 2 10. 11. With development on or any division of the site: construct Allen Road to City collector standards along the west boundary of the parcels, including the connection of Allen Road to Zerker Road. construct Snow Road to City arterial standards along the GPNZC boundary. if each parcel is not being served by a municipal sewer system, then extend sewer service to each parcel in the GPA area. The North of River Sanitary District is the sewer provider for the area. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Provide an easement for the ultimate retention basin site, along with necessary easements for the transportation of drainage water to the site. Payment of median fees for the frontage of the property within the GPA request. These fees may be paid prior to recordation of the final map or building permit. 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. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. Traffic Comments: A Traffic Analysis letter dated October 13, 2004, was submitted submitted by Ruettgers-Schuler. It states this proposal will result in no appreciable change in potential trip generation from previously approved entitlements and therefore no additional traffic study is needed. This conclusion is based on a comparison of the similarity between City and County Land Use/Zoning designations. It also assumes development under the City tiered zoning policy which allows more intense retail commercial development would not take place. Please note, on a previous case on this agenda (04-1340) an M-2 zone was proposed and the traffic study for it assumed the worst case retail development. Exhibit A Conditions of Approval GPAJZC 04-1343 Page 3 Should this proposal be approved without further traffic study some sort of zoning restriction must be placed to only allow the similar industrial uses allowed under the County Land Use/Zoning designations. If this restriction cannot be placed then the proposed GPA should be continued pending preparation of a full traffic impact study. The development shall be subject to all previous requirements and shall be required to pay into the adopted Regional Traffic Impact Fee program. The fee program improvements mitigate impacts of the existing densities. MO:djl S:\GPA 4th 2004~04-1343~Admin SR\EXHIBIT A,doc 0