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.
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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
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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.
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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
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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.
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