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Home My WebLink AboutRES NO 128-01RESOLUTION NO. 1 ~8 ' 0 1 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT P01-0223 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, JUNE 25, 2001, and THURSDAY, JUNE 28, 2001, on General Plan Amendment P01-0223 of a 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment P01-0223 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P01-0223: SMITHTECH/USA is requesting a General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from LR (Low Density Residential) to HMR (High Medium Density Residential) on a 28.41 acre portion of Section 19, Township 30 South, Range 27 East, MDB&M generally located along the southwest corner of Pacheco Road and Old River Road; and 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 with mitigation 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. 86-01on June 28, 2001, the Planning Commission recommended approval and adoption of General Plan Amendment P01-0223 subject to mitigation measures listed 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 General Plan Amendment P01- 0223 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 given. The provisions of the California Environmental Quality Act have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The subject site, with a depth of 470 feet, is sufficiently deep to provide internal circulation and limited street access to Old River Road and the future collector along the mid-section line of Section 19. The public necessity, general welfare and good planning practices justify the amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. 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 General Plan Amendment P01-0223 is hereby approved and adopted. The repod 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 General Plan Amendment P01-0223 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 "B", attached 2 hereto and incorporated as though fully set forth, for property generally located along the southwest corner of Pacheco Road and Old River Road subject to mitigation measures in Exhibit "A". That General Plan Amendment P01-0223, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 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 , "~ ~, ~, ?fl~l , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERCARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER I'r'c~,.~ COUNQLMEMBER ~-~'uZ~ COUNCILMEMBER ~'%~. r CITY CLERK and Ex Officio C~rk of the Council of the City of Bakersfield APPROVED AUG 2~, MARK SALVAGG I O ~X/-- VICE MAYOR of the City o.f Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City A~o rn~ EXHIBIT "A" Mitigation Measures General Plan Amendment/Zone Change P01-0223 Planninq: If any abandoned or unrecorded wells are uncovered, or damaged during excavation or grading activities, remedial plugging operations pursuant to Division of Gas, Oil and Geothermal Resources requirements will be required. If any archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. If excavation or grading operations uncover a previously unrecorded well, the applicant/developer must contact the Bakersfield office of the Department of Conservation, Division of Oil, Gas and Geothermal resources. Such wells may need remedial operations. Public Works: Along with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Old River Road to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Prepare a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility on the periphery of the GPA area to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the City. Prepare a comprehensive sewer study to be submitted to and approved by the City Engineer. This area is within the service area of the Buena Vista II sewer trunk line. The project engineer shall submit verification to the City Engineer of the sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. Exhibit "A" GPNZC P01-0223 Page 2 With this application, the project engineer shall prepare a conceptual circulation study to be submitted to and approved by the City Engineer to verify that the property can be developed with roadways that meet the City's minimum standards - i.e. BMC 16.28.160 A. "Block Lengths". Local roads developed along the former Pacheco Road alignment shall be discontinous in nature and any segment thereof shall not exceed 1,000' in block length as per Bakersfield Municipal Code Section 16.28.160 A. Access to the arterial street will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. This applicant has provided analysis which shows there will be an insignificant change in potential trip generation than expected from the present designations allowed by the 2010 General Plan. Therefore, traffic impacts are accounted for in the Transportation Impact Fee Program (Phase 2) and any development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. RED S:\Dole\P01-0223\Mitigation.wpd August 1, 2001 (2:35pm) EXHIBIT "B" GENERAL PLAN AMENDMENT P01-0223 EARL WARREN JUNION HIGH SCHOOL PACHECO LR TO HMR HMR 18 17 2O T30S~R27E