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Home My WebLink AboutRES NO 077-05 RESOLUTION NO. 0'7-05' A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 04-1328 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER OF EAST PLANZ ROAD AND COTTONWOOD ROAD. 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 04-1328 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 04-1328, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1328. Jim Childress (property owner: Tabitha House, a Calif. Corp.) has proposed to amend the Land Use Element of the Metropolitan Bakersfield General Plan to change the land use map designation from SI (Service Industrial) to LMR (Low Medium Density Residential) on 55 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 12, 2004, in accordance with CEQA; and WHEREAS, the law and reguiations 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 Commission, and this Council; and WHEREAS, the project site is located one half mile east of the Bakersfield Municipal Airport and is situated in Compatibility Zone C of the Kern County Airport Land Use Compatibility Plan (1996); however, the proposal does not conflict with the Zone C compatibility criteria of the Plan. In addition, there is no established traffic pattern on the east side of the airport (Table 4-1 of the 1996 Kern County Airport Land Use Compatibility Plan). The project would not result in a safety hazard or noise problem for persons residing or working in the project area; and WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan recommends a a deed notice for property within Compatibility Zone D, which is identical in area to Compatibility Zone C, to ensure property owners are notified of their proximity to the airport regarding any possible inconvenience, annnoyance or discomfort arising from the noise of normal aircraft operations; and ~Mf '{ 'Ýú' o " >- in I::: !....~ o ....j ORIGINAL - - ~"._-_._.~~--_.------..,-_.._-"._.~_."~ WHEREAS, the Compatibility Zone D criteria applies to the area that is not within the common traffic pattern area, i.e., the traffic pattern and pattern entry points, of Compatibility Zone C; and WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan specificies that there is no established traffic pattern on the east side of the airport; and WHEREAS, the project site is located one half mile east of the airport; and WHEREAS, the Planning Commission determined that a deed notice is required for the proposal; and WHEREAS, by Resolution No. 183-04 on December 9,2004, the Planning Commission approved Case No. GPA 04-1328, 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 04-1328 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 provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. 4. 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. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. 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. 3. The Negative Declaration for GPA 04-1328 is hereby adopted. 2 , 'op..h!:~ 0< ¡ý _ ."\:" >- m t- ,- Õ () OI1IG!NAl. ..,,--.,.---. _..___.---- _. u. .,~_ ~-_._.. ........_....- -_.._,-, ,.---- 4. The City Council hereby approves and adopts Case No. GPA 04-1328 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 northeast corner of East Planz Road and Cottonwood Road. ---------000-------- 3 óÄI\ < "<.' ..'.... OiJ' :.>- :.-' t- en -' r··.. o c::, ORIGINAL 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 MAR 3 0 by the following vote: 20uJ r:-~~ ~ ABSTAIN: ABSENT: v v v' .........-- v v ~ COUNCILMEMBER COUCH. CARSON. BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED MAR 3 0 2005 HARVEY L. ALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~ In. Y!Þfl Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval S:\GPA 4'h 2004\04-1328\RGPA.CC 04-1328 Ûhv\l~ 4._JY'IL~ PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 4 .Ò~KI' 0- ~J' >- "~-' ~..=-. :"1' r..J (, ORIGINA! _~_,,_~.____.__,___._.~.____"_~~ v__~,··___·· EXHIB T A Þ> I :u :u " :!i ... !:: ~ -. :u [" ~ :u :u [ ~ I !:: :u '" :u L ~ ~ <: ~ ~ :u II ¡¡ ~ ~ '" ~ ~I :u :u :u I ~ --~ ~ ~~~ --- :u ~ , <: , ~ :u <: I - :u L '" ~ ~ ~ ~ ~ ~ ~ :u :u <: <: <: <: :u :u :u :u :u :u ~ [ i¡¡] :u LMR - " J-~:K: ~ - - -1L ~ L I ¡¡ '/fA !!! " ~ I " <: -i :u ;¡; ~ ~ ~ ~ !:: <: 0 :u :u :u :u r- ~ s: '" - ;II !:: " e-- ~ ~ LMR g !:: !:: " ;¡; '" ~ 0> <0 " " 0 -i ~~ 89> 8- .. z ;:~ 00 m œ 8 ~ ~ G) m z m ~ r "'U s;: Z :J> ~ m z o ~ m z --I o .þ. I ....Jo. W N 00 EXHIBIT B GENERAL PLAN AMENDMENT/ZONE CHANGE 04-1328 CONDITIONS OF APPROVAL PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application. provide dedication of Cottonwood Road and East Planz Road to arterial and collector standards, including expanded intersections. 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. Extend sewer along Cottonwood Road within GPAlZC 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. 6. Access to the arterial and collector streets will be lirnited 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 perrnitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. 7. Development on the site shall be subject to the Phase III Regional Traffic Impact Fee Schedule per Resolution 171-03. 8. 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 developrnent plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. S:\GPA 4th 2004\04- 1328\Condltioos of Approval.doc '< "i\K¢'", o '1' .>.. '"'f~ t::: ~,:' I.) & OfiltJINAl ..~-~,---.., """-"_.- ...-. ._-_.<..~.~--_.,-_.---...- ~"~~__,,_,~_~__,___,,_~~..=~_~._______u> PLANNING 9. Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPAlZC 04-1328 (APN: 170-270-070) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval: "This property is in the area subject to overflights by aircraft using the Bakersfield Municipal Airport, and as a result, residents rnay experience inconvenience, annoyance or discomfort arising from the noise of such operations. State law (public utilities code section 21670 et Seq.) establishes the importance of public use airports to protection of the public interest of the people of the State of California. Residents of property near a public use airport should therefore be prepared to accept such inconvenience, annoyance or discornfort from normal aircraft operations. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form." 2 _. _...,.._~_._-_._-~" '.. .-. --'. ... ..._.. --'..-.-".-~- ._._.,.~._~--_.--_._------~--~-,..-_._.,~._.._"_._--~- ~AK^ '{ v <," o U~i 0>- }-_ m I.) (:;. ORIG:Ml RESOLUTION NO. A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION, AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 04-1328 OF THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED AT THE NORTHEAST CORNER OF EAST PLANZ ROAD AND COTTONWOOD ROAD. 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 04-1328 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 04-1328, a requested amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1328. Jim Childress (property owner: Tabitha House, a Calif. Corp.) has proposed to amend the Land Use Element of the Metropolitan Bakersfield General Plan to change the land use map designation from SI (Service Industrial) to LMR (Low Medium Density Residential) on 55 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 12,2004, 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 Commission, and this Council; and WHEREAS, the project site is located one half mile east of the Bakersfield Municipal Airport and is situated in Compatibility Zone C of the Kern County Airport Land Use Compatibility Plan (1996); however, the proposal does not conflict with the Zone C compatibility criteria of the Plan. In addition, there is no established traffic pattern on the east side of the airport (Table 4-1 of the 1996 Kern County Airport Land Use Compatibility Plan). The project would not result in a safety hazard or noise problem for persons residing or working in the project area; and WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan recommends a a deed notice for property within Compatibility Zone D, which is identical in area to Compatibility Zone C, to ensure property owners are notified of their proximity to the airport regarding any possible inconvenience, annnoyance or discomfort arising from the noise of normal aircraft operations; and _ ",Ax c'1 >- t- Õ ,. ORIGlh.'\,' WHEREAS, the Compatibility Zone D criteria applies to the area that is not within the common traffic pattern area, i.e., the traffic pattern and pattern entry points, of Compatibility Zone C; and WHEREAS, the 1996 Kern County Airport Land Use Compatibility Plan specificies that there is no established traffic pattern on the east side of the airport; and WHEREAS, the project site is located one half mile east of the airport; and WHEREAS, the Planning Commission determined that a deed notice is required for the proposal; and WHEREAS, proximity of the project site to wastewater treatment plant no. 2 was not identified as a potential source of nuisance complaints during the hearing by the Planning Commission; and WHEREAS, subsequent to that hearing, the City Council determined that an appropriate buffer from the sewer treatment plant clarifiers should be established within which residential development would be prohibited and that said buffer should extend out Y. mile from the clarfiers: WHEREAS, by Resolution No. 183-04 on December 9, 2004, the Planning Commission approved Case No. GPA 04-1328, 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 04-1328 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 provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. 4. 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. 2 .-. op.,I\t-,~; '<.. -!j' () '\ >. >;: ,', -/ORlGd'>Jj},L ''i ,._."._.,.__.._.... W_'_~'".~.___.. ._~___.__~.__.___._, .,._. ._U', .~.,_,__,__,~~~_, _._-.,~-- -~ NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. 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. 3. The Negative Declaration for GPA 04-1328 is hereby adopted. 4. The City Council hereby approves and adopts Case No. GPA 04-1328 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 northeast corner of East Planz Road and Cottonwood Road. ---------000-------- 3 'òMf-> (:; ,f~ )- ....,.; I .~ .- OR.!Gi~{-ì: -~_.~----_.~_._-'--'_...~"--- .__....--~~ I Council HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: Exhibits Attached: Exhibit A - Land Use Map Exhibit B - Conditions of Approval 4 '{ 'òMf-? o <!;, >- t;: f!! o () ORIGINAL S:\GPA 4'h 2004\04-1328\RGPA.CC 04-1328 ,,---....-.-.-.-- ._--~ .. -,.. ,-- ____"",.',.u .~,. .__·,._~__.m_·· ~_~___._.,__,______.~_...~.__._._.~_._~.~:~,_,.,_"._.._._"_.~-- ..HJHN R. WILSON, INC. CIVil. ENGIN R ~U!í5 Plan .\mcndmcnj 04-U28 applicali"o. IwrtiulI ""' umlc,.,t:md'II!.:. '1I1d rC11IIl"!' 1'11111 slH'h tlla! Washin¡¡lml 'òi>dl.:,',y '< ú Q '1'", > ~ r'- t),c OR!GiNA, -I w ~~ 8- Ii. ~ ~ ~ f:i 8 8 ~ . ~ , i)F~,Gi'N;~', -~._--~