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Home My WebLink AboutRES NO 078-05RESOLUTION NO. 0 ~' 8 ' 0.5 RESOLUTION MAKING FINDINGS, APPROVING THE MITIGATED NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-1345 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 65353 of the Government Code, held a public hearing on MONDAY, DECEMBER 6, 2004 and THURSDAY, DECEMBER 9, 2004 on General Plan Amendment 03-1345 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 Californiaq, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment 03-1345 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-1345 Max P. Bacerra and Associates has applied for a General Plan Amendment to change the land use designation from R-IA (Resource- Intensive Agriculture to on 13.64 acres and to GC (General Commercial) on five acres with concurrent zone changes from A-20A (Agriculture-20 Acre Minimum) to R-1 (One-Family Dwelling) on 13.64 acres and to C-2 (Regional Commercial) on five acres for that site generally located along the north east corner of Noriega Road and Old Farm Road; 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. 173-04 on December 9, 2004, 2004 the Planning Commission recommended approval and adoption of General Plan Amendment 03-1345 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 ORiO iqAl 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, Mamh 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. The proposed project will not have a significant effect on the environment. 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 Resoumes 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 rebuffed 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 03- 1345 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 03-1345 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, attached hereto and incorporated as though fully set forth, for property generally located along the north east corner of Noriega Road and Old Farm Road subject to conditions of approval and mitigation measures shown on Exhibit A 2. That General Plan Amendment 04-0876, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 000 ......... 3 the 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 ..~,~ ~ ~ ~lfl~ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULL~VAN, SCRIVNER COUNClLMEMBER COUNCILMEMBER COUNClLMEMBER PAMELA A. McCARTHY, CI~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney EXHIBITS: (Attached) A Resolution 1 GPA Map 2 Mitigation/Conditions S:\Dole\03-1345\CC GPA RESOLUTION.doc 4 ALLEN -ROAD r- Z rr'l z --I I Cultural = EXHIBIT a 2 GPA/ZC 03-1345 Mitigation/Conditions Planning 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. With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey shall be provided to the Planning Director. Buildings must be limited to two stories in height. No commercial developments which propose drive-thrus. No operation after 10:00 p.m. Traffic Study Mitigation measures shown in the traffic study constituting mitigation as shown on Exhibit D( Page 16, Table 7) attached hereto are incorporated into this document as though fully set forth. Public Works 1. With development on or subdivision of the site, municipal sewer service shall be provided to the proposed development or to each lot in the subdivision. 2. 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 Noriega Road and Old Farm Road to collector standards for the full frontages of the area within the GPA request. Noriega Road and Old Farm Road are within the Western Rosedale Specific Plan and as such require additional dedications for an equestrian trail on Noriega Road and a bike path on Old Farm Road. 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. 3. 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. 4. Access to the 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. 5. 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. 6. 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. 7. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. 8. With development or division, install traffic signal interconnect conduit, conductor, and pull boxes along Noriega Road and Old Farm Road. Traffic Comments A traffic analysis dated September 9, 2004 was prepared by Mclntosh & Associates showing a reduction in potential trip generation and was found to be acceptable (244 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. S:\DOle\03-1345\Final Mitigation Exhibit A,doc