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Home My WebLink AboutRES NO 182-05 RESOLUTION NO. 1 8 2 - 0 S' RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF PANORAMA DRIVE, APPROXIMATELY ONE-HALF MILE EAST OF FAIRFAX ROAD (GPA 05-0535) 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 June 13 2005, and THURSDAY, June 17, 2005 on Case No. 05-0535 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 Californian, a local newspaper of general circulation; and WHEREAS, such Case No. 05-0535 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: Case No. 05-0535: The Keith Companies is proposing an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan to change the land use map designation from OS-P (Open Space-Park) to LR (Low Density Residential) on 11.58 acres; and from High Density Residential to LR (Low Density Residential); 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 or without 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.84-05 on June 16, 2005, the Planning Commission recommended approval and adoption of Case NO.05-0535 subject to conditions, mitigation measures listed in Exhibit "A" 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, AUGUST 17, 2005 on the above described Case No. 05-0535 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 ~ <õ!IKf-'5' a ó' >-- "'- ~ J:!] v t:> ORIGINAL 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 and a negative declaration has been prepared and advertised. 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. 5. The proposed project accommodates a new project that is infjlf or expansion of existing urban development consistent with General Policies 78 and 86 of the Land Use Element of the Metropolitan Bakersfield General Plan. 6. The proposed project facilitates implementation of Policies 93 and 96 of the Land Use Element of the Metropolitan Bakersfield General Plan. 7. The proposed project facilitates implementation of Policies 16 and 19 of the Open Space Element, Policies 11, 26 and 30 of the Parks Element of the Metropolitan Bakersfield General Plan. 8. The proposed project facilitates implementation of the policies of the Specific Parks and Trails Plan for Northeast Bakersfield Parks. 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. 05-0535 is hereby approved and adopted. 3. 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. 4. The City Council hereby approves and adopts Case No. 05-0535 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B", attached hereto and incorporated as though fully set forth, for property generally located on the north and south sides of Panorama Drive, approximately Yo mile east of Fairfax Road, subject to conditions of approval shown on Exhibit "A". 5. That Case No. 05-0535, approved herein, be combined with other approved cases ~M¿:: described in separate resolutions, to form a single Land Use Element Amendment. (} ~~ >- ¡:¡; >;:: r-- <.Ì ORIGINAE' .-"-- .._--_._--~. ..,._.---_....._----.~_..~._~ ---------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 AUG 1 7 ZOOS by the following vote: CMËS) NOES: ABSTAIN: ABSENT: J-........ / ¡....- __ ¡,..---. v· COUNCILMEMBER COÚCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAM~T~ ;, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 ? 2005 -itu~ H RVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNj' City Attorney / / By: Jeng/S:IGPA 2nd 2005\05-0535 KeithICCIRGPA. CC Keith.DOC Juiy 18, 2005 ~ 'òMf~ () ~ >-- - I- m - ,... ù () ORIGINAL -._-, ---_..,.-,---._-,,,- EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 05-0535 CITY ATTORNEY 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. PUBLIC WORKS 2. Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: 2.1. Provide fully executed dedication for Panorama Drive Road to collector standards for the full frontages of the area within the GPA request. Submit a current title report with the dedication documents. 2.2. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. Drainage sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPA/ZC area, it need not be so located. The study shall be approved and any required retention site and necessary easements dedicated to the City. 2.3. 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. 3. 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. 4. 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. 5. The development shall pay into the adopted Regional Traffic Impact Fee fixed rate program. ~ 'òM~~ () ~ >- - >-- m _ t"- o C) ORIGINAL By JENG /S:\GPA 2nd 2005105-0535 KeithICClExhA-gpa.doc May 29. 2005 Exhibit A GPA # 05-0535 Page 2 of 2 PARKS DEPT. 6. With the first subdivision or other development application, the subdivider/developer shall: 6.1 Enter into an agreement with the City of Bakersfield to deed free and clear title to the 2 acre staging area located at approximately Y:. mile north of Panorama in a location and configuration approved by the Parks Director, and address title to the 12 acre Panorama Hills Park. The 2 acres may include area under the towerline easement as approved with the tentative map. 6.2 Prepare plans and construct the staging area to City standards. Plans shall be approved by the City Parks Dept and City Engineer. The amount of credit toward park development fee shall be subject to approval by the Parks Director. 6.3 Run a blade smoothing a 20-foot wide trail in the Southern California towerline easement located on the west side of the project site from Panorama Drive north to the staging area. At the time of tentative map, the Planning Commission may determine that the towerline easement is being dedicated to the City for trail purposes. By JENG / S:IGPA 2nd 2005105-0535 KeithICClExhA-gpa.doc May 29, 2005S:\GPA 2nd 2005\05-0535 KeithICClExhA-gpa.doc X 'òM~~ () ~ :>- - >-- m - f"- o C) ORIGINAL ~ g g ~ ~ ! LO ('I') LO o I LO o I- Z'5 ill ~ o Z ill ~ '5 « Z « -.J ! a... -.J ~ ill Z ill C) '5 ~ ~ ~ , " '5 '" -' ~ Q. th o f"\ -.-.---- EXHIBIT "B" co ~ g g '5 '5 '5 ~ '5 ~ :r '5 5 ~ ~ ~ a: :I: ŒJ'5 '5ŒJ " a ~ !iè2 ~fJ '-'J: ';:'-' ';: !i :r '" .... ~ ~ :r ;;: :I: CJ :;: w ~ ~ :r rJ !i :r G~ I~ u ul 0 '5 '5 -;) '5 1 § ~ ~ z iii. !!! 0 8 . 5 '5 w CD ~ cñ CD ~ W g co ~ cñ ~ '5 '5 [ . .u '5.__lt__ ! '~ ¡_~~~~'li ~ ~ ~ ~þ.~ <J )0.. - I- m - ,... <.) tJ ORIGINAL