HomeMy WebLinkAboutRES NO 134-01RESOLUTION NO. ] ~ ~ "0 ~'"
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. GPA P01-0302 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 P01-0302 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 thirty (30) calendar days before said hearing by publication in the
Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, GPA P01-0302, an amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan is as follows:
The Lusich Company has requested to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan by changing the land use map
designation from GC (General Commercial) to LR (Low Density Residential) on
8.560 acres and LR (Low Density Residential) to GC (General Commercial) on
8.562 acres located at the northeast corner of Buena Vista Road and Panama
Lane; 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 traffic, and, therefore, a Negative Declaration with mitigation measures
was prepared and posted on May 29, 2001, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, by Resolution No. 95-01 on June 28, 2001, the Planning
Commission recommended approval and adoption of Case No. GPA P01-0302, 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 P01-0302 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General
Plan, notice of time and place of the headng 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 traffic.
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 Califomia
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 P01-0302.
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 P01-0302 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 at the northeast corner of Buena Vista Road and Panama Lane.
That Case No. GPA P01-0302, 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:
APPROVED
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNClLMEMBERk-rC~
COUNCILMEMBER ~J~,~
CITY CLERK and Ex offici?~Clerk of the
Council of the City of Bakersfield
MARK SALVAGG [ O
VICE MAYOR of, the Cit. y of Bakersfield
APPROVED as to~orm:
BART THILTO/~
City Attorney~ /
BY: ~ ~
/
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GENERAL PLAN AMENDMENT P01-0302
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EXHIBIT B
GENERAL PLAN AMENDMENT/ZONE CHANGE P01-0302
CONDITIONS OF APPROVAL/MITIGATION MEASURES
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a)
Provide fully executed dedication for Buena Vista Road and Panama
Lane 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.
b)
Prepare a conceptual drainage study for the entire area covered by this
General Plan Amendment to be submitted to and approved by the City
Engineer. This area shall be limited to one sump. Where possible, site
the drainage retention facility on the periphery of the GPA area to facilitate
future expansion or consolidation of drainage facilities as adjacent area
develops. All subsequent developments in this GPA/ZC area shall
conform to the approved drainage study.
c)
With any development of the subject property that is immediately adjacent
to the existing irrigation canal immediately north of Panama Lane, relocate
and/or pipe that portion of the existing irrigation ditch that is within the
area being developed. An irrigation line will not be allowed in the road
right-of-way, but must be located outside the right-of-way in the landscape
easement or on private property.
Access to the arterial and collector streets will be limited and determined at time
of division or development. Determination ofwhether 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.
The traffic mitigation measures adopted under General Plan Amendment 1-93,
Segment VIII and Zone Change No. 5425 in 1993 (Resolution No. 62-93 and
Ordinance No. 3535) shall remain in effect for GPA/ZC P01-0302. In addition,
any development within the GPA/ZC P01-0302 project area shall pay the Phase
1 Traffic Impact Fee.
An amhaeological investigation shall be prepared by a qualified archaeologist to
determine if any archaeological resources exist on the project site. The
archaeological investigation shall be submitted in conjunction with any required
site plan review application or other application requiring discretionary action. In
the event that 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 inspection by the project
applicant.
EXHIBIT C
General Plan Amendment/Zone Change P01-0302
Mitigation Monitoring and Reporting Checklist
Mit VERIFICATION OF COMPLIANCE
No. Monitoring and Party
Mitigation Measure/Conditions of Approval Reporting Monitoring Responsible
Process Milestone for
Monitoring Initials Date Remarks
1 The i'raffic mitigation measures adopted Site Plan Review/ Tentative Map/ Public
under General Plan Amendment 1-93, Tentative Map Site Plan Works
Segment VIII and Zone Change No. 5425 in Review Review
1993 (Resolution No. 62-93 and Ordinance Approval
No. 3535) shall remain in effect for GPA/ZC
P01-0302. In addition, any development
within the GPA/ZC P01-0302 project area
shall pay the Phase I Traffic Impact Fee.
2 An archaeological investigation shall be Archaeologist During Planning
prepared by a qualified archaeologist to Conduct Field Work Grading Department
determine if any archaeological resources
exist on the project site. The archaeological
investigation shall be submitted in
conjunction with any required site plan
review application or other application
requiring discretionary action. In the event
that 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 inspection b~, the project applicant.
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