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Home My WebLink AboutRES NO 295-06 '2 9 5 - 0 6 RESOLUTION NO. RESOLUTION MAKING FINDINGS AND APPROVING P.C.D. NO. 06-1227 PLAN MODIFICATION, A MODIFICATION TO THE DEVELOPMENT PLAN FOR CONSTRUCTION OF A NEW MULTIPLE TENANT COMMERCIAL OFFICE DEVELOPMENT ON A 7.6-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF BRIMHALL ROAD AND CALLOWAY 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, September 18, 2006, and on Thursday, September 21,2006, on P.C.D. No. 05-1227 Plan Modification, 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, P.C.D. No. 05-1227 Plan Modification consists of a modification to the development plan for construction of a new multiple tenant commercial office development on a 7.5-acre site located on the north side of Brimhall Road, approximately 1/8-mile west of Calloway Drive (Exhibit A); and WHEREAS, an Initial Study was conducted for General Plan AmendmenUZone Change/P.C.D. No. 06-0435 and P.C.D. No. 05-1227 Plan Modification and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 191-06 on September 21, 2006, the Planning Commission recommended approval and adoption of P.C.D. No. 05-1227 Plan Modification and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; 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, NOVEMBER 15,2006, on P.C.D. No. 05-1227 Plan Modification, notice oftime and place ofthe 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 WHEREAS, the Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 191-06, adopted on September 21,2006: 1. All required public notices have been given. Hearing notices regarding the proposed project were mailed to property owners within 300 feet of the project area and published in a local newspaper of general circulation 10 days prior to the hearing. 2. The proposed preliminary development plan is consistent with the General Plan and objectives of this ordinance. ~ ~fI,/(~~ C) ~ ;:... - I- rn _ r- <.) 0 ORIGINAL 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 approved for GPAlZC/P.C.D. No. 06-0435 and P.C.D. No. 05- 1227 adequately addresses the potential environmental impacts of the proposed project. 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. 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 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 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. 5. That P.C.D. No. 05-1227 Plan Modification, consisting of the following modification to condition of approval B.6 for P.C.D. No. 05-1227 (underlining denotes added language), is hereby approved: A solid masonry wall is required to be constructed adjacent to residentially zoned property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 6 feet as measured from the highest adjacent finished property grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7-foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking/drive areas (this will also be noted on the returned plan). Prior to issuance of the final buildine oermit within the P.C.D. area. the Plannine Director shall determine if the construction of a masonry wall alone the western boundary ofthe P.C.D. area is necessary. If the orooertv immediatelv west of the P.C.D. area has been annexed into the City as commerciallv zoned orooertv. then construction of said wall shall not be reauired. If the orooertv to the west is in the orocess of beine annexed into the City and has been orezoned for commercial develooment. then a bond or other surety satisfactory to the Plannine Director shall be established to ensure the construction of the wall in the event it is ultimatelv needed and the builder fails to fulfill this oblieation. Uoon annexation of the orooertv to the west into the City as commerciallv zoned orooertv. the City shall release the bond or surety. If annexation of the orooertv to the west is not aooroved. then the builder shall construct said wall at the direction of the Plannine Director or forfeit the bond or surety to the City. ---------()()()-------- 2 ~ ~fI,/(~~ C) ~ ;:... - I- rn _ r- <.) 0 ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and ~ttd~~M?fB Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: ~ NOES: ....-- ~ l,...---- ...-- ....-' t-' ..--" COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER APPROVED NOV 1 5 2006 , HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By ~fn. ~ Exhibit A Location Map ..YY\ PAMELA A. 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