HomeMy WebLinkAboutRES NO 64-98RESOLUTION NO. 9 8
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING PROPOSED AMENDMENT
TO THE KERN RIVER PLAN ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(LAND USE ELEMENT AMENDMENT CASE NO. P97-0643).
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 16 and THURSDAY, MARCH '19, 1998 on a proposed amendment to the
Kern River Plan Element of the General Plan, notice of the time and place of hearing having
been given at least twenty-one (21) calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Kern River Plan Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
Castle & Cooke California, Inc. applied to amend the Kern River
Plan Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from land use Map Codes 6.25 (Office
Commercial), 8.5/2.5 (Resource Management) and 8.1 (intensive
Agriculture) to Map Code 3.1 (Public and Private Recreation
Areas) on 29.82 acres generally located north of the intersection
of Stockdale Highway and Buena Vista Road and south of the
Kern River;
and
WHEREAS, for the above-described amendment, 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 mitigations, and a Revised 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 city staff and the Planning Commission; and
WHEREAS, by Resolution No. 41-98 on March 19, 1998, the Planning
Commission recommended approval and adoption of this General Plan Amendment consisting
of a change to the land use map code of the Kern River Plan Amendment as shown on
attached Figure 2, and this Council has fully considered the findings 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
APRIL 22, 1998, on the above described proposed amendment to the Kern River Plan Element
of the Metropolitan Bakersfield 2010 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
ORIGINAL
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
been followed.
The provisions of the California Environmental Quality Act (CEQA) have
environment.
The proposed project will not have a significant effect on the
4. Mitigation measures as shown on Exhibit "A" are included in the project
to ameliorate impacts.
5. Adoption of the amendment to the Kern River Plan Element is necessary
in order to provide for relocating the an existing park land designation within the Seven Oaks
community to a larger site area adjacent to the Kern River Parkway in the general area of the
Seven Oaks development, and is consistent with the policies and standards of the Kern River
Plan Element of the Metropolitan Bakersfield 2010 General Plan.
6. This land use map code amendment will provide for a site allowing
greater public use and enjoyment of the Kern River Parkway in conjunction with other improved
and natural areas within the City along the Kern River.
7. The amendment is consistent with the land use policies of the Kern River
Plan Amendment with respect to public facilities and future recreational uses.
8. 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 Fish and Game 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 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 Negative Declaration 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.
2
~);~IGINAL
4. The City Council hereby APPROVES General Plan Amendment Case No.
P97-0643, a 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 approximately
200 feet west of the Buena Vista Canal and Old River Road, between White Oak Drive and
Ridge Oak Drive, subject to mitigation measures shown on Exhibit "A".
......... 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
MAY 0 6 ~ , by the following vote:
AYES: COUNCILMEMbER DaMOND, CARSON, ~TH, McDERMOTT, EI~'~, SULLIVAN, SALV~GGIO
NOES: COUNCILMF.~BER ~'~ ~_,.~ __
ABSTNN: COUNCILMEMBER
CITY CLERK and Ex Offic'~ Clerk of the
Council of the City of Bakersfield
APPROVED ~ 05 1~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
BY:
MJM
March 30, 1998
0643/rkrpe-cc
EXHIBIT "A"
General Plan Amendment P97-0643
Recommended Mitigation Measures
The total number of single family lots within the remainder of Zone 9 as identified in the
traffic study by Robert Kahn, John Kain and Associates, March, 1995, addressed to the
surrounding Seven Oaks development area shall not exceed a total of 418. Should this
total for the surrounding area be exceeded, an updated traffic study meeting the
satisfaction of the City Traffic Engineer may be required.
Should any cultural resources be unearthed during site preparation activities within the
project, all work in the area of the find shall be halted. A qualified archaeologist shall be
retained at the applicant's expense to evaluate the findings and recommend any
necessary mitigation measures. These measures shall be reviewed by the Southern
San Joaquin Valley Archaeological Information Center at California State University,
Bakersfield (AIC). Prior to issuance of grading or building permits, written proof of
compliance with any recommendations resulting from such evaluation, if required, shall
be submitted to the AIC and to the City of Bakersfield Development Services
Department.
Prior to completion of the transfer of ownership of the existing 6.56 acre park site
included in this General Plan Amendment and initiation of development activities, the
applicant, Castle and Cooke California, Inc., shall transfer title to the City for Parcel 2,
consisting of 29.82 acres, for park land purposes, and enter into an agreement for
completion of off-sote improvements, the provision of $700,000 in cash for park
improvements, and formation of a district for payment not to exceed $60,000 per year
for park maintenance. Final recordation of the sale of the parcels involved shall be
verified by the Planning Director.
Prior to issuance of a building permit within the project area, the Kern High School
District and Panama-Buena Vista Union School District must be paid the amount of
$4.06 per square foot of assessable space (as defined in Section 65995 of the
Government Code) for each residence for the purpose of providing school facilities.
This amount will increase in even numbered years according to the adjustment for
inflation determined by the State Allocation Board for Class B construction at its January
meeting, which increase will be effective as of the date of that meeting. Payment will
not be required to a district which has certified in writing that alternative mitigation
measures have been undertaken with respect to the project to adequately address
school overcrowding. This condition is only applicable to that portion of P97-0643 within
the Seven Oaks Development.
MJM
0643-ea
'ORIGINAL
KERN RIVER PLAN AMENDMENT
P97-0643
HIGHWAY
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ORIGINAL