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Home My WebLink AboutRES NO 075-05RESOLUTION NO. 01~ 5-057 A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 04-0847 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHWEST CORNER OF BRIMHALL ROAD AND CALLOWAY DRIVE. 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 THURSDAY, DECEMBER 9, 2004, on GPA 04-0847 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 04-0847, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0847. Porter-Robertson Engineering (owner: David Wilson) is proposing an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan to change the land use map designation from SR (Suburban Residential) to OC (Office Commercial) on 7.5 acres; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on November 17, 2004, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA implementation Procedures, have been duly followed by city staff, the Planning Commis§ion, and this Council; and WHEREAS, by Resolution No. 177-04 on December 9, 2004, the Planning Commission approved Case No. GPA 04-0847, as shown in Exhibit "A", and this Council has fully considered the findings 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 30, 2005, on the above described Case No. GPA 04-0847 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: All required public notices have been provided. The provisions of the California Environmental Quality Act have been met. ORIGiNAl. NOW, 1. 2. The proposed project would not have a significant effect on the environment. 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 State of California Department of 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. THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: The above recitals, incorporated herein, are true and correct. The repod 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 Negative Declaration for GPA 04-0847 is hereby adopted. The City Council hereby approves and adopts Case No. GPA 04-0847 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", with conditions of approval as provided in Exhibit "B", attached hereto and incorporated as though fully set forth, for property located at the northwest corner of Brimhall Road and Calloway Drive. ......... O00 ........ 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 .... ~ A ,~,~n~ by the following vote: NOES: ABSTAIN: ABSENT: COUNC[LMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, C~C CITY CLERK and Ex Official-Clerk of the Council of the City of Bakersfield APPROVED M~,~ 3 0 200~ Mayor of the City of Be APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits Attached: Exhiblt A - Land Use Map Exhibit B - Conditions of Approval h S \GPA 4 2004\04-0847\RGPA. CC 04-0847 3 (~ L EXHIBIT A I-- EXHIBIT B GENERAL PLaN AMENDMENT/ZONE CHANGE 04-0847 CONDITIONS OF APPROVAL PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication for galloway Drive and Brimhall Road to arterial standards, including expanded intersections and additional landscaping as directed by the City Engineer. Submit a current title report with the dedications. 2. 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. 3. Submit verification to the City Engineer of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning. 4. Construct all street improvements to full width including any expanded intersection for galloway Drive and Brimhall Road adjacent to GPA boundary. 5. 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. 6. Access to the arterial and collector streets will be limited and 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. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 7. 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. 8. Developer shall pay the standard commercial fees for the office type use, as adopted at time of development. PLANNING 1. The project site shall be zoned P.C.D. (Planned Commercial Development) for office-commercial development. S:\GPA 4th 2004~04-0847\Conditions of Approval.dec iLEXHIBIT 1 m ~ z [ Z ITl Z ITl EXHIBIT 2 R~-2 5A I1'1 I'1'1 EXHIBIT 3 GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0847 CONDITIONS OF APPROVAL PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication for Calloway Drive and Brimhall Road to arterial standards, including expanded intersections and additional landscaping as directed by the City Engineer. Submit a current title report with the dedications. 2. 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. 3. Submit verification to the City Engineer of the existing sewer systems capability to accept the additional flows to be generated through development under the new land use and zoning. 4. Construct all street improvements to full width including any expanded intersection for Calloway Drive and Brimhall Road adjacent to GPA boundary. 5. 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. 6. Access to the arterial and collector streets will be limited and 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. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 7. 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. 8. Developer shall pay the standard commercial fees for the office type use, as adopted at time of development. PLANNING 1. The project site shall be zoned P.C.D. (Planned Commercial Development) for office-commercial development. S:~GPA 4~ 2004~04-0847~ConditJons of Approval,doc PORTER ° ROBERTSON ENE~IN~EERING & SURVEYING, INC. EXHIBIT 4 Decembe~ 13, 20C~ 04-1879 City C)e~, City of Bake~e)d 1501Tru~un Avenue Bakt~rsfi~d, CA 93301 Dear Ms. McCa~hy, Please accept this as an ~ppeal of the d~on of the PJann~ng Commission regarding a request for a zone change by Dav)d W))son located at the r)o~hwest corner of Ca. way Drive and Br}mhall Road. At the meeting of Decembe¢ 9, 2004, the commission denied a req~st for a ;~c)ne change (Zoning Upon Annexation) to aJJow a C-O (Commercial Office) zoning designation. Enclosed ~s a check in the amo~mt of $338.00 for processing the ap;Deal. Thank you for your cons)deration in thL~ matter. If you have any questior~s, I:~ease ca)l me. Sincerel.,v, ~ "~ ~ _ '.:,' ' !,~,/ Fred W. Porter FWP))ms cc: David W~lson Da~e C~ch Stan Gredy 1:200- 21st STREET * BA~(ERSFtELO, CA ~3301 · 661/327-0362 * FAX 661/~