HomeMy WebLinkAboutRES NO 126-01RESOLUTION NO.
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA P00-0810 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
THURSDAY, June 28, 2001, on GPA P00-0810 of the proposed amendment to the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of
hearing having been given at least thirty (30) calendar days before said hearing by publication
in the Bakersfi Id Califomi n, a local newspaper of general circulation; and
WHEREAS, GPA P00-0810, an amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan is as follows:
Kyle Carter Homes, Inc. has requested to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the land use map
designation from LR (Low Density Residential - less than or equal to 7.26
dwelling units per net acre) to GC (General Commercial) on 10.81 acres located
south of Olive Avenue and west of Highway 99, at the northwest corner of the
Knudsen Drive and Hageman Road alignment; and
WHEREAS, for the above-described proposal, an Initial Study was conducted
and it was determined that the proposed project would not have a significant effect on the
environment if certain mitigation measures were adopted to address potential impacts regarding
cultural resources and noise, and, therefore, a Negative Declaration with mitigation measures
was prepared and posted on May 22, 2001, in accordance with CEQA; and
WHEREAS, the project site is located approximately two miles southwest of the
Meadows Field-Kern County Airport and is situated in Zone C of the Kern County Airport Land
Use Compatibility Plan (1996); however, the proposal does not conflict with the Zone C
compatibility criteria of the Plan and the project would not result in a safety hazard or noise
problem for persons using the airport or for persons residing or working in the subject project
area; 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. 83-01 on June 28, 2001, the Planning
Commission recommended approval and adoption of Case No. GPA P00-0810, as shown 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 22, 2001, on the above described Case No. GPA P00-0810 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.
The proposed project would not have a significant effect on the environment if
certain mitigation measures are adopted to address potential impacts regarding
cultural resources and noise.
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 711.4 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.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS:
1. The above recitals, incorporated herein, are true and correct.
The Negative Declaration with proposed mitigation measures is hereby adopted
for GPA P00-0810.
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 Mitigation Monitoring and Reporting Checklist proposed in Exhibit C is
hereby adopted.
The City Council hereby approves and adopts Case No. GPA P00-0810 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
"A", and subject to Conditions of Approval/Mitigation Measures as provided in
Exhibit B, attached hereto and incorporated as though fully set forth, for property
located south of Olive Avenue and west of Highway 99, at the northwest corner
of the Knudsen Drive and Hageman Road alignment.
That Case No. GPA P00-0810, approved herein, be combined with other
approved cases described in separate resolutions, to form a single General Plan
Amendment.
The Planning Division of the Development Services Department is hereby
directed to file a Notice of Determination with the County Clerk of Kern County,
pursuant to the provisions of Section 21152 of the Public Resources Code and
Section 15094 of the CEQA Guidelines adopted pursuant thereto and a
Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of
California Department of Fish and Game Code.
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 August 22, 2001, by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAMiMAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBER
COUNClLMEMBER ~','~w~
CITY CLERK and Ex Officio Cl~k of the
Council of the City of Bakersfield
AUG ~ ~ ~001
APPROVED
3
MARK SALVAGG I 0
VICE MAYOR of the City of Bakersfield
APPROVED as to form:
BART THILTGEN
City Attorney
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GENERAL PLAN AMENDMENT P00-0810
SR
LR TO GC
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EXHIBIT B
GENERAL PLAN AMENDMENT P00-0810
CONDITIONS OF APPROVAL/MITIGATION MEASURES
The subject site shall be zoned PCD (Planned Commercial Development) prior
to issuance of any building permit.
In the event that a material of potential cultural significance is uncovered during
grading activities on the project site, all grading shall cease and the project
applicant shall retain a professional archaeologist to evaluate the quality and
significance of the material. Grading shall not continue until resources have
been completely removed by the archaeologist and recorded as appropriate.
Compliance with this measure is subject to periodic field inspection by the project
applicant.
Prior to Final Development Plan approval, a subsequent noise analysis shall be
prepared, to the satisfaction of the City Engineer, which demonstrates that site
placement of stationary noise sources associated with future commercial uses
would not exceed criteria established in Chapter 9.22 of the City of Bakersfield
Municipal Code, for adjacent residences. To demonstrate commercial noise
source impacts are below the City's standards, the project applicant may need to
include project design features such as setbacks, barriers, building
location/orientation, acoustical design of buildings, etc.
EXHIBIT C
General Plan Amendment No. P00-0810
Mitigation Monitoring and Reporting Checklist
Mit VERIFICATION OF COMPLIANCE
No. Monitoring and Party
Mitigation Measure/Conditions of Approval Reporting Moni~ring Responsible
Process Milestone for
Monitoring Initials Date Remarks
1 In the event that a malerial of potential Archaeologist During Planning
cultural significance is uncovered during Conduct Field Work Grading Department
grading activities on the project site, all
grading shall cease and the project applicant
shall retain a professional archaeologist to
evaluate the quality and significance of the
material. Grading shall not continue until
resources have been completely removed by
the archaeologist and recorded as
appropriate. Compliance with this measure
is subject to periodic field inspection by the
project applicant.
2 Prior to Final Development Plan approval, a Preparation of an Prior to Engineering
subsequent noise analysis shall be prepared, Acoustical Analysis Final and
to the satisfaction of thc City Engineer, and Site Plan Development Planning
which demonstrates that site placement of Review Plan and Departments
stationary noise sources associated with Site Plan
future commercial uses would not exceed Review
criteria established in Chapter 9.22 of the
City of Bakersfield Municipal Code, for
adjacent residences. To demonstrate
commercial noise source impacts are below
the City's standards, the project applicant
may need to include project design features
such as setbacks, barriers, building
hieation/orientation, acoustical design of
buildings, etc.
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