HomeMy WebLinkAboutRES NO 102-05RESOLUTION
RESOLUTION MAKING FINDINGS, APPROVING
THE MITIGATED NEGATIVE DECLARATION
AND ADOPTING GENERAL PLAN AMENDMENT
NO. 04-1738 OF THE PROPOSED AMENDMENT
TO THE METROPOLITAN BAKERSFIELD
GENERAL PLAN LOCATED ALONG THE
SOUTH SIDE OF PALADINO DRIVE
APPROXIMATELY ONE-FOURTH MILE WEST
OF MORNING 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 MONDAY, MARCH 14, 2005 and THURSDAY, MARCH 17, 2005 on
General Plan Amendment 04-1738 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 04-1738 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as
follows:
General Plan Amendment 04-1738
and
General Plan Amendment/Zone Change 04-1738- An amendment to the
Metropolitan Bakersfield General Plan changing the land use designation
from HMR (High Medium Density Residential) to LMR (Low Medium
Density Residential) on 29.5 gross acres along the south side of Paladino
Drive approximately one-fourth mile west of Morning Drive;
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 Declaration was prepared; and
WHEREAS, the law and regulations relating to the preparation and
adoption of 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. 24-05 on March 17, 2005, the Planning
Commission recommended approval and adoption of General Plan Amendment 04-1738
subject to mitigation measures and conditions listed in 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, May 11, 2005 on the above described General Plan
Amendment 04-1738 of the proposed amendment to 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 cimulation; 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.
Based on the initial study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Mitigated Negative Declaration was prepared for the
project in accordance with CEQA.
Mitigation Measures/Conditions of Approval shown on Exhibit A 2 are
included in the project to ameliorate impacts.
5. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield
General Plan.
Public safety, general welfare and good planning practices justify the
amendment to 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 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.
2. The Mitigated Negative Declaration for General Plan Amendment
04-1738 is hereby approved and adopted.
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.
The City Council hereby approves and adopts General Plan Amendment
04-1738 of the proposed amendment to the Metropolitan Bakersfield
General Plan, constituting changes as shown on the map marked Exhibit
A 2 attached hereto and incorporated as though fully set forth, for
property generally located along the south side of Paladino Drive
approximately one-fourth mile west of Morning Drive subject to mitigation
measures/conditions of approval shown on Exhibit A 2.
That General Plan Amendment 04-1738 approved herein, be combined
with other approved cases, approved on May 11, 2005 and described in
separate resolutions, to form a single Land Use Element Amendment.
......... o0o .........
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
~1~¥ I 1 ~0D5 , by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMSER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNClLMEMBER
COUNClLMEMBER
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
A1 Map
A2 Mitigation/Conditions
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PAMELA A. McCARTHY, CM(~/-,/
CITY CLERK and Ex Officio Cl~'k of the
Council of the City of Bakersfield
3
Exhibit A 2
General Plan Amendment 04-1738
MITIGATION MEASURES/CONDITIONS OF APPROVAL
Planning Department
P annin,q Departrnent- Mojave Natural Gas Pipeline
1. Prior to any development on the subject site, the applicantJdeveloper shall contact the
Mojave Pipeline Operating Company and determine and mark the precise location of (1) the
Mojave Pipeline natural gas pipeline easement which transverses the subject site in a
northwesterly-southerly orientation and (2) the gas metering facility located in the northwest
portion of the subject site.
2. The applicant developer shall not develop, construct, build, trench, dig or in anyway
obstruct, block, modify or utilize any portion of the Mojave natural gas pipeline easement, gas
line and the gas metering facility without written consent of the Mojave Pipeline Operating
Company.
Pipeline Easements.
1.1 Concurrently with recordation of any phase that includes the pipeline easements
or portions thereof, subdivider shall show the easements on the final map with a
notation that structures including accessory buildings and swimming pools, are
prohibited within the easements and record a corresponding covenant.
1.2
Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, subdivider shall show on the final map that no
habitable portion of a structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover, and record
a corresponding covenant.
1.3
No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product, within 48 inches or more of cover. If a pipeline meets this criteria, the 40
foot setback line shall be shown in the final map and a corresponding covenant
shall be recorded prior to or concurrently with recordation of any phase that is
affected.
1.4
Prior to or concurrently with recordation of any phase within 250 feet of the pipeline
easements, subdivider shall record a covenant disclosing the location of the
pipelines on all lots of this subdivision within 250 feet of the pipelines.
Fire Department - Metering Facility
1. That a 50 foot setback is required from the meter station unless evidenced is submitted
that no product is present subject to Fire Department approval.
Cultural - "Cultural Resource Survey", See attached Exhibit D, p. 2.
1. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation.
Cultural - P annin.q Department
1. 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.
2. 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.
3. 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.
Biota - "Biota Report", See Attached Exhibit E, p. 18.
1. Since evidence of kit fox use was found on the site, it is recommenced that all construction
personnel be instructed to be on the lookout for kit fox signs during earth disturbance phases of
construction. Any evidence, such as dens, should be avoided and reported to the reviewing
agencies for resolution.
2. Since the project site is within the Metropolitan Bakersfield Habitat Conservation Plan
boundaries, no additional mitigation measures other than the standard MBHCP fee are
recommended.
Public Works Department
1. Prior to development, the existing power line tower within the projected right-of-
way for Paladino Drive must be relocated. This project is on the Regional
Transportation Impact Fee Facilities and credit will be available for the tower
relocation.
2. Dedication for the full half width of Paladino Drive as an arterial, including a right
turn lane into Bellfonte Avenue as shown on approved Tentative Tract 6191, will be
required prior to the approval of any improvement plans or minor land division.
3. Access to the arterial street 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.
4. This site is included within the boundaries of approved Tentative Tract 6191. As
such, it is included within the boundary of the drainage study and sewer study
required for Tract 6191. If any development on this site (including any minor land
division) precedes the approval of a drainage study and sewer study for Tract 6191,
then the developer of this project shall submit for review and approval a drainage
study and a sewer study for the entire area of approved Tentative Tract 6191.
5. 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.
6. Because this change would constitute a reduction in potential trip generation, no
traffic impact study was required. The development shall pay into the adopted Regional
Traffic Impact Fee fixed rate program as mitigation for traffic impacts.
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