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HomeMy WebLinkAboutRES NO 070-05RESOLUTION "O. 0 ~ 0 '" 0 5' RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 85353 of the Government Code, held a public hearing on MONDAY, DECEMBER 6, 2004 and THURSDAY, DECEMBER 16, 2004 on General Plan Amendment 04-1336 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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 04-1336 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 04-1336 Porter-Robertson Engineering has applied for a General Plan Amendment to change the land use designation from GC (General Commercial) to LR (Low Density Residential) on approximately 13 acres for that site generally located along the west side of Renfro Road, south of Johnson Road and approximately 700 feet north of Stockdale Highway; 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 Mitigated Negative was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated 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. 188-04 on December 9, 2004 the Planning Commission recommended approval and adoption of General Plan Amendment 04-1336 subject to conditions and mitigation measures listed on Exhibit A 2 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, 2005 on the above described 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: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. 3. The proposed project will not have a significant effect on the environment. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 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 Mitigated Negative Declaration for General Plan Amendment 04-1336 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 04-1336 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit A 1, attached hereto and incorporated as though fully set forth, for property generally located along the west side of Renfro Road, south of Johnson Road and approximately 700 feet north of Stockdale Highway subject to conditions of approval and mitigation measures shown on Exhibit A 2. That the Planning Commission recommended General Plan Amendment 04-1336 approved herein, be combined with other approved cases, approved on March 30, 2004 and described in separate resolutions, to form a single Land Use Element Amendment. ......... 000 ......... the ABSTAIN: ABSENT: I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on ~.~,~ ~ 0 ?l'lfll~ by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CM,¢] CITY CLERK and Ex Officio C'~rk of the Council of the City of Bakersfield APPROVED Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney EXHIBITS: (Attached) A Resolution 1 GPA Map 2 Mitigation/Conditions S:\Doie\04-1336\CC GPA RESOLUTION.doc 4 ORiGINAl Zm EXHIBIT A 2 GENERAL PLAN AMENDMENT 04-1336 MITIGATION/CONDITIONS Planning Department Cultural With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey and a cultural/archaeological clearance letter from the California Archaeological Inventory (CAI) at California State University shall be provided to the Planning Director. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. If cultural resources are unearthed during ground disturbance 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 mitigation recommendations. Noise-Westside Parkway Construct a sound wall 12 feet in height along the subject site's north boundary. Public Works Prior to an application being deemed complete for land division, development, boundary adjustment, or other approval for the GPNZC site, the following shall be completed to the satisfaction of the City Engineer: 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. Page 1 of 3 S:\Dole~04-t 336~EXHIBIT A GPA Final Mitigation.doc The study shall be approved and any required retention site and necessary easements dedicated to the City. Submit verification to the City Engineer of the existing sewer system capability to accept the additional flows to be generated through development under the new land use and zoning. Provide fully executed dedication for Renfro Road 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. 2. Each lot within the entire subdivision shall pay its proportionate share of the major improvement. 3. Due to the proximity to the Kern River Parkway additional dedication may be required. Access to the arterial street will be limited and determined at time of division or development. 4. if irrigation lines or ditches will be within the ultimate street rights of way, then the applicant shall relocate and/or pipe the existing irrigation canals or ditches. An irrigation line will not be allowed in the road right-of-way, but must be located outside the right-of-way. Payment of median fees for the frontage of the property within the GPNZC request. These fees may be paid prior to recordation of any map or approval of improvement plans. 6. Development on the site shall be subject to the Phase III Traffic Impact Fee schedule per Resolution 171-03. 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 or parcel map waiver for any portion of this GPA area. TRAFFIC COMMENTS A traffic analysis dated September 17, 2004 was prepared by Porter · Robertson Engineering showing a reduction in trip generation and was found to be acceptable. The higher allowable density is accounted for in the Transportation Impact Fee program, which provides full mitigation. Therefore, since this change Page 2 of 3 S:~Dole~04-1336~EXHIBIT A GPA Final Mitigation,doc would constitute a reduction in trip generation the mitigation 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. San Joaquin Valley Air Pollution Control District Staff recommends that the applicant consult with the SJVAPCD and comply with all rules applicable to this project. Department Of Conservation, Division of Oil and Gas If any previously unrecorded oil, gas, injection or other well associated with oil, gas injection, etc. is uncovered, the developer shall immediately notify the Division Office in Bakersfield and such division shall determine the remedial action to be undertaken. S:~Dole~O4-1336~EXHIBIT A GPA Final Mitigation.doc Page 3 of 3 S:~Dole~04-1336~EXHIBIT A GPA Final Mitigation.doc