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Home My WebLink AboutRES NO 017-01RESOLUTION NO. 0 ]. 7 =' 0 ~.' RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. GPA P00-0660 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. 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, December 18, 2000, and THURSDAY, December 21,2000, on Case No. GPA P00- 0660 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. GPA P00-0660 of the proposed amendment to the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P00-06~){;): Kyle Carter Homes is requesting a General Plan Amendment to change the land use designation from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 58 acres and OS-S (Open Space - Slopes Exceeding 30%) to LR (Low Density Residential) on 106 acres as shown in Exhibit A, and amend the Circulation Element to designate Paladino Drive between Alfred Harrell Highway and State Route 178 from a Collector to a Local Street and realign said designation as shown in Exhibit B, and amend the Specific Trails Plan to designate the Class II Trail between Alfred Harrell Hwy and State Route 178 to a Class III Trail and realign said designation as shown in Exhibit B. The project site is 154 acres in size and is located north of State Route 178 and east of Alfred Harrell Highway. 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 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. 133-00 on December 21,2000, the Planning Commission recommended approval and adoption of Case No. GPA P00-0660, as shown in Exhibit "A", Exhibit "B", and Exhibit "C", 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 ORIGINA{. provisions of Section 65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, February 14, 2001, on the above described Case No. GPA P00-0660 of the 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 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. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 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. The Metropolitan Bakersfield Habitat Conservation Plan should be reviewed as a possible tool for supporting preservation of multi-use open space land within the Kern Bluffs open space corridor. 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. The Negative Declaration for Case No. GPA P00-0660 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. GPA P00-0660 of the proposed amendment to the Land Use Element and Circulation Element of the Metropolitan Bakersfield 2010 General Plan and Specific Trails Plan, rn (]RIGINAL constituting changes as shown on the maps marked Exhibit "A' and Exhibit "B", and Conditions of Approval as provided in Exhibit C, attached hereto and incorporated as though fully set forth, for property located north of State Route 178 and east if Alfred Harrell Highway. That Case No. GPA P00-0660, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. Staff is directed to investigate an amendment to the Metropolitan Bakersfield Habitat Conservation Plan Implementation Agreement to support preservation of multi-use open space land within the Kern Bluffs open space corridor .... 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 February 14, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMSER CARSON, BENHAM, MAGGARD, COUCH, SULLIVAN, SALVAGGIO COUNCILMEMBER HANSON COUNCILMEMBER CITY CLERK and Ex Offic~ Clerk of the Council of the City of Bakersfield APPROVED~ F[~ [~ 7.001 HARVEY L./HA'LL- / MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ III Assistant City Attorney S:\GPA 4th Qtr 2000~00 0660~1G PA.CC. P00-0660.wpd OS_S LR GENERAL PLAN AMENDMENT P00-0660 os_s OS_S SR SR OS-S TO I LMR TO LR LMR LMR LR R_MP LR RIO BRAVO COUNTRY CLUB LR 14 T29S, R,?.9E GENERAL PLAN AMENDMENT P00-0660 CIRCULATION ELEMENT SPECIFIC TRAILS PLAN LOCAL STREET & CLASS Ill TRAIL DESIGNATION & ALIGNMENT 9 161 14 EXHIBIT C GENERAL PLAN AMENDMENT NO. P00-0660 CONDITIONS OF APPROVAL All development will be subject to payment of the current adopted Regional Impact Fee based on fees established by the City Council. The existing water line shall be relocated as per the requirements of the City of Bakersfield and the California Water Service Company with reimbursement for over sizing submitted as soon as possible. Removal of the water line from adjacent property is not required. The design for a gated community shall be submitted in conjunction with any future tentative subdivision map application. The access and interior design for a Class III Bike Route in and through the gated community shall be submitted in conjunction with any future tentative subdivision map application. The bike path will be run through this development separate from the private road on an alignment that is at the discretion of the applicant and acceptable to the City Engineer. Residential development on the project site shall maintain a density cap up to 1.7 units per acre.