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Home My WebLink AboutRES NO 108-98RESOLUTION NO. ~. 0 8" 9 8 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT CASE NO. P98-0237). 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 16 and THURSDAY, JUNE 18, 1998 on 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 proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: CORNERSTONE ENGINEERING, INC. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from General Commercial to Low Density Residential on 2.06 acres generally located north of Brundage Lane and east of Oswell Street; 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 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. 68-98 on June 18, 1998, the Planning Commission recommended approval and adoption of this General Plan Amendment subject to mitigation measures listed in Exhibit "A" 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 WEDNESDAY, AUGUST 12, t998, on the above described proposed amendment to the Land Use 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 WHEREAS, the Council has considered and hereby makes the following findings: 1. All required notices have been given. ORIGINA; 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 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. The proposed General Commercial land use designation is compatible with both existing and proposed land uses and zoning in the vicinity. 6. The proposed type and intensity of commercial development is consistent with surrounding patterns of existing and planned land uses. 7. The proposed commercial designation is consistent with the level of circulation access and public services presently available in the area. 8. The proposed commercial designation will provide for the orderly development of the parcel in conjunction with adjacent existing commercial uses. 9. 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. 4. The City Council hereby approves and adopts General Plan Amendment Case No. P98-0237, 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 north of Brundage Lane and east of Oswell Street, subject to mitigation measures shown on Exhibit ORIGINAL 5. That P98-0237, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment as the Second Quarter cycle. ......... o0o ........ 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 AJII~ I ! ~ , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG ! ! 1~ APPROVED as to form: OFFICE OF THE CITY ATTORNEY MJM July 27, 1998 0237~rcc ORIGINAL EXHIBIT "A" Concurrent General Plan Amendment/Zone Change P98-0237 Recommended Mitigation Measures Pdor to commencing site development, a qualified archaeologist shall complete an amhaeological study in compliance with the California Environmental Quality Act. All measures recommended by such study shall be completed prior to recordation of the tract map. In the event that human remains are discovered, the County Coroner shall be contacted. Within 30 days of completion of such field work a technical report should- be submitted to the Archaeological Information Center. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. Prior to issuance of a building permit within the project area, the Kern High School District and Bakersfield City School District must be paid the amount of $4.06 per square foot of assessable space (as defined in Section 17620 of the Education 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 wdting that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. MJM:pjt May 29, 1998 0237~a ORIGIN~[ EXHIBIT B GENERAL PLAN AMENDMENT P98-0237 --'1 I LR o~ COUNTY · HMR - -L_ ALLOWAY ANF m m m m m m ~ LR HMR ~ ~ · LMR HMR m ~1 ~L~ LR o MAGIC AVE. LR A~NU~ ~ C LR ~ ~ H ~ LR ~ o CT. ~ ~GC TO SI ~T BRUNDAGE m ~E m m 3 2 s~ T30S, R28E ' GC ~ STATE ~ HmGHWAY 58 o HI ~ HI WEAVER AVE. LR · LR 0 4O0 'SCALE iN FEE~ 49805 ORI(;INAL