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HomeMy WebLinkAboutRES NO 072-05RESOLUTION NO. 0 7 2 ' 0 ~ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. 04-1347 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED SOUTH OF HOSKING AVENUE, GENERALLY EAST OF SOUTH UNION AVENUE. (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 16, 2004, and THURSDAY, December 16, 2004, on Case No. 04-1347 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. 04-1347 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1347: SMITH TECHIUSA INC., for George Spencer Jr., applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of changes as follows: Land Use Designation Amendment from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 36.03 acres. The project site is located along the south side of Hosking Avenue, generally east of South Union 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 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. 205-04 on December 16, 2004, the Planning Commission recommended approval and adoption of General Plan Amendment No. 04-1347 subject to conditions and mitigation listed in Exhibit UA" 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. 04-1347 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 am 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. 04-1347 is hereby recommended for approval. The General Plan Amendment 04-1347 is hereby approved to LR (Low Density Residential) on 35.5 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. 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 04-1347 the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, consisting of changes to the land use designations from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 36.03 acres, as requested by the applicant and shown on attached map in Exhibit "B", located south of Hosking Avenue, generally east of South Union Avenue, 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. 04-1347 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- 1347 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 south of Hosking Avenue, generally east of South Union Avenue, subject to conditions of approval shown on Exhibit "A". That Case No. 04-1347, approved herein, be combined with other approved cases 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 other General Plan Amendments are reviewed by the City Council of the City of Bakersfield. 3 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 H~ ~ ~ ?r~[~ , by the following vote: (~: COUNCILMEMBERCOUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, Cl~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Attached: E~ibitA - Conditions of Appmval B- Map MO:djl S:\GPA 4th 2004\04-1347~Resolufions\res,gpa_cc.doc 4 EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-~1347 No archaeological resources were identified on the project site, however, prior to ground disturbance a qualified archaeologist shall conduct a field survey 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 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 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. 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. 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. Exhibit A Conditions of Approval GPA/ZC 04-1347 Page 2 Access to Hosking Avenue shall be limited. 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. With development, construct East Hosking Avenue full ¼ width from Union Avenue to the western boundary of the tract including curb and gutter and sidewalk. Applicant shall join an Assessment District to pay for sewer main expansion in this area. 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. Since the parcel west of the project site is eminent for development, the improvements to Hosking Avenue along the frontage of the adjoining property will be required with the development of the property within this GPA/ZC area. These improvements will include curb, gutter, sidewalk and pavement tie-in and will be done with the other improvements on Hosking Avenue. If necessary, the City will assist in obtaining the right-of-way for the applicant/developer of the GPA/ZC area. These improvements to Hosking Avenue are required for orderly development in the area. (Public Works Condition). 9. Traffic Comments: A traffic analysis dated October 15, 2004, was prepared by Smith Tech/USA, Inc. showing a reduction in potential trip generation and was found to be acceptable (222 PM peak trip reduction). The higher allowable density is accounted for in the Transportation Impact Fee program, which provides full mitigation. Therefore, since this change would constitute a reduction in potential trip 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\04-1347~Admin SR\EXHIBIT A.doc i 0 Z W~ Z Z