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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 S:\GPA 1 st 2005\04-1738\CC GPAR,doc 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. S:\GPA 1st 2005\04-1738\Mitigation Conditions.doc