HomeMy WebLinkAboutRES NO 172-01RESOLUTION NO. ]- ~' ~ ' 0 1'
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT P01-0219 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, SEPTEMBER 17, 2001, and THURSDAY, SEPTEMBER 20, 2001, on General Plan
Amendment P01-0219 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 P01-0219 of the proposed
amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as
follows:
General Plan Amendment P01-0219
Coleman Homes has applied to amend the Land Use Element
of the Metropolitan Bakersfield 2010 General Plan consisting of a change as
follows:
A General Plan Amendment from LR to GC on 10.60 acres,
located along the northeast corner of Jewetta Avenue and Olive
Drive (extended).
An amendment to the residential density of the 336.40 acre subject
site from 3.27 to 3.95 dwelling units per acre allowing an additional
229 single-family dwelling units generally located between Snow
Road, Reina Road, Friant-Kern - Calloway Canals and Jewetta
Avenue.
Amendment to the "Type B trails" located along the north side of
Olive Drive (extended) between Jewetta Avenue and Verdugo Lane
(extended); along the south side of Olive Drive between Verdugo
Lane and Calloway Drive; along the east side of Verdugo Lane
(extended), between Olive Drive (extended) and Reina Road
(extended); and along the east side of Jewetta Avenue between
Snow Road and Reina Road (extended). Amendments include
deleting the concrete rail fence, decreasing the width of the
landscape area from 24¼ - 25¼ feet to 29 feet and adding natural
rock pilasters at 50 feet on center along the split face wall.
O~GIt~AL
Amendment to public works condition number 2 of City Council
Resolution No. 23-90:
From:
"Whenever any road crosses any canal within this project area, the
applicant shall construct the culvert, bridge, etc. full width to the
ultimate width of the roadway. The bridge district currently being
considered by the City to facilitate the construction of crossings
shall include the GPA area."
To:
"Whenever any road crosses any canal within this project area, the
applicant shall construct the culvert, bridge, etc. full width to the
ultimate width of the roadway within the project area. At Snow
Road, the Friant Kern and Calloway Canal crossings shall be
constructed to full width on the south side of Snow 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. 119-01 on September 20, 2001 the Planning
Commission recommended approval and adoption of General Plan Amendment P01-0219, as
amended by the Commission, subject to mitigation measures listed in Exhibit "1" 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, NOVEMBER 14, 2001, on the above described General Plan Amendment
P01-0219 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.
13.
14.
The provisions of the California Environmental Quality Act have been
followed.
The proposed project will not have a significant effect on the
environment.
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.
Amendments to the Type "B" Trail, as recommended by the Planning
Commission, will not adversely impact the trail system and surrounding
area.
The City of Bakersfield Recreation and Parks Department is in support of
limited amendments to the Type "B" Trail subject to such departments
conditions as shown on Exhibit "1".
Amendments to the Type "B" Trail, as recommended by the Planning
Commission, are consistent with the surrounding land uses and the
Metropolitan Bakersfield 2010 General Plan.
As to the amendment to public works condition number 2 of City Council
Resolution No. 23-90, the City Public Works Department recommends
alternative language as shown on Exhibit "1", and the Planning
Commission recommends adoption of such alternative language.
The public necessity, general welfare and good planning practices justify
the amendment to the Land Use Element of 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 Sate of California 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, 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.
OR;GI¢4^L
The Negative Declaration for General Plan Amendment P01-0219 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 General Plan Amendment P01-0219 of
the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan, constituting changes as shown on the maps marked Exhibit Nos. "2" and
"4", and public works condition number 2 of City Council Resolution No. 23-90 as
shown on Exhibit "1", and attached hereto and incorporated as though fully set forth, for
property generally located between Snow Road, Reina Road, the Calloway and Friant-
Kern Canals, subject to mitigation measures shown on Exhibit "1".
That General Plan Amendment P01-0219, 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
NOV ~: 7.001 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER ~..~
COUNCILMEMBER ~.-~
CITY CLERK and Ex Ofli'dio Clerk of the
Council of the City of Bakersfield
4
APPROVED NOV 1_ 4~ 2001
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City ~/~.
RD:pah
October 12, 2001
RED
S:\Dole\P01-0219\CC GPAR.wpd
October 12, 2001 (3:01pm)
5
EXHIBIT "1"
Mitigation Measures
General Plan Amendment P01-0219
Planning
If any human remains are discovered, ail work shall stop until the Kern County
Coroner has been notified and has evaluated the remains. If any other
archaeological artifacts are discovered dudng site development, all work shall
stop until the find has been evaluated by a qualified archaeologist or historian.
Public Works
Commercial Portion
Pay the Regional Traffic Impact Fee at time of development. Said fee was computed in
the study based upon the impacts of a 109,000 SF shopping center and was computed
to be $489,602 which is $4,491.76 per 1,000 SF.
Condition Number 2 of City Council Resolution No. 23-90
Whenever any road crosses any canal within this project area, the applicant shall
construct the culvert, bddge, etc. full width to the ultimate width of the roadway within
the project area. Unless otherwise directed by the City Engineer, the applicant shall
construct the Friant Kern Canal and Cailoway Canal crossings of Snow Road only on
the south side of Snow Road.
Recreation and Parks
1. The width of the landscape strips shall not be reduced.
2. The concrete rail fence shall be deleted.
In-lieu of the concrete rail fence installation, the wall pilaster will be added, and
landscaping will be enhanced by the use of minimum 24" box size trees.
S:~ole~P01-0219',Mitigafion-gpa.wpd
exhibit 2
R-MP
GENERAL PLAN AMENDMENT P01-0219
1
ER
ER
R-IA
LR
SR
SR
R-IA
SR SR
KRATZMEYER ROAD
12
SR
SR
ER
SR
SR
SR
ROAD
T29S, R26E T29S, R27E
1200 F~
exhibit 2
GENERAL PLAN AMENDMENT P01-0219
1
LR
KRAT-ZM ~YER ROAD
12
DENSITY INCREASE
FROM 3.27 TO
3.95 DU/AC
ER
SR
SR
SR
R4A
ROAD
T29S, R26E T29S, R27E
exhibit 4
GENERAL PLAN AMENDMENT P01-0219
MULTI-PURPOSE TRAIL PLAN AMENDMENT
SNOW ROAD
Ld
TYPE A
TYPE B
TYPE B TO BE
AMENDED
_R EI_~_A _RO~AD ~
13
NORIEGA
HAGEMAN
T29S, R26E T29S, R27E
ROAD
ROAD