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Home My WebLink AboutRES NO 105-05RESOLUTION NO. ~ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTION OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN. (GPA 03- 0340) 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 continued to THURSDAY, March 17, 2005 on Case No. 03-0340 of a proposed amendment to the Land Use Element of the 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 Case No. 03-0340 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: Case No. 03-0340 Pinnacle Engineering (owner: CRT Land Co.) is proposing an amendment to the Land Use Element of the Metroplitan Bakersfield General Plan to change the land use map designation from OS (Open Space), LMR (Low Medium Density Residential), GC (General Commercial ),and RE-A (Resoume-Extensive Agriculture) to LR (Low Density Residential) on approximately 70 acres; 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 Negative Declaration (with mitigation) 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. 26-05 on March 17, 2005, the Planning Commission recommended approval and adoption of Case No. 03-0340 subject to conditions, mitigation measures listed in Exhibit "B" 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 Case No. 03-0340 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 cimulation; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All public notices have been given. 2. The provisions of the Claifornia Environmental Quality Act have been followed. Based on the intial 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. 4. The proposed project is consistent with surrounding uses. 5. The open space zoning will accomodate flood flows. 6. Noise from Highway 184 and Mesa Marin can be mitigated. 7. The propsed project is consistent with the Metropolitan Bakersfield General Plan. The public necessity, general welfare and good planning practices justify the amendments to the Land Use Element of the Metropolitan Bakersfield General Plan. Based on the absense of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purposes 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 minimus" exemption in accordance with Section 711 of the Stafe Resources Code. Additionally the assumption of adverse effect is rebutted by the above- referenced absence of evidence in the record and the lead agency's decision to prepare a Neaive Declararion. 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 Negative Declaration for Case No.03-0340 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. The City Council hereby approves and adopts Case No. 03-0340 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 on the east side of State Highway 184 at the intersection with Vineland Road (extended) subject to conditions of approval shown on Exhibit "B", (and mitigation measures in Exhibit "B"). 2 That Case No. 03-0340, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 000 ......... 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 · . nv I I 911fl~ by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, ~IC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1. ! 2005 APPROVED as to form VIRGINIA GENNARO City Attorney Attachments: Exhibit A - Map Exhibht B - Conditions of Approval/Mitigation Measures S:\GPA 4th 2004\03-0340\Res 03-340 CC,DOC 4 ITl Z ITl Z ITl Z 0 Z Exhibit B GENERAL PLAN AMENDMENT/ZONE CHANGE 03-0340 CONDITIONS OF APPROVAL/MITIGATION MEASURES PUBLIC WORKS 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 Vineland to arterial standards, if necessary, for the full frontages of the area within the GPA request. 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. 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. With development, a trunk sewer shall be constructed along the southern boundary of the subject property from the existing "North East Sewer" to the eastern boundary. This property is within the Breckenddge Planned Drainage Area and Meyer's Study and shall meet the requirements of those studies. Access to Vineland Avenue shall be limited and shall be 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. 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. Developer shall pay the adopted Regional Traffic Impact Fee fixed rate program at time of development. Access to State Route 184 (Kern Canyon Road) shall be limited and subject to review by Caltrans. GPNZC 03-0340 Conditions of Approval/Mitigation Measures Page 2 PLANNING 11. Soils Mitigation: The developer shall submit a soils report prepared by a qualified engineer, prior to the submittal of a tentative tract or parcel map, that identifies the level and extent of the shrink-swell potential on the project site and the proposed engineered design systems or programs that will be implemented to reduce the shrink-swell potential to a level that is less than significant. Noise Mitigation: a) The developer shall construct a six (6) foot high masonry wall along the western perimeter of the project site adjacent to Highway 184. b) The developer shall install mechanical ventilation or air conditioning for all residential lots located adjacent to Highway 184 to ensure all windows and doors may remain closed. c) The developer shall ensure that all windows for residential units adjacent to Highway 184 are adequately sealed and caulked to prevent any openings between the window assembly and wall. d) Exterior doors, excluding glass doom, on all residential lots adjacent to Highway 184 shall be solid-core wood doors or material capable of achieving comparable noise reduction with perimeter weather-stripping and threshold seals. Applicant is required to provide additional noise data to change door type subject to Planning Director approval. A Biological Study must be submitted with the tentative tract to determine if additional measures are needed to address the blunt-nosed leopard lizard prior to any site disturbance. S:\GPA 4th 2004~03-0340\ConditJo~s of Approval.doc