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.
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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
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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.
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