HomeMy WebLinkAboutRES NO 091-02RESOLUTION NO. 0 9 I ' 0 2
RESOLUTION MAKING FINDINGS, APPROVING
NOTICE OF EXEMPTION AND ADOPTING 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,
APRIL 1,2002 and THURSDAY, APRIL 4, 2002, on General Plan Amendment
02-0106 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 ten (10) calendar days before said hearing
by publication in the Baker field Californian, a local newspaper of general cimulation; and
WHEREAS, such General Plan Amendment of the proposed amendment to the Land
Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
Plan Amendment 02-0106
The City of Bakersfield Water Resources Department has applied to amend the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of
a change from from LR (Low Density Residential _<7.26 Dwelling Units Per Net
Acre) and GC (General Commercial) to OS (Open Space) on 40.44 acres located
between the adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley
Canal and Stockdale Highway; and
WHEREAS, for the above-described project, it was determined that the proposed
project would not have a significant effect on the environment and a Notice of Exemption was
prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of a Notice
Of Exemption 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. 26-02 on April 4, 2002 the Planning Commission
recommended approval and adoption of General Plan Amendment 02-0106 subject to
conditions of approval 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, May 22, 2002 on the above described General Plan Amendment 02-0106 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
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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.
The proposed project will not have a significant effect on the environment
and subsequent to CEQA, General Rule, Section 15061. (b)(3) "Where it
can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is
not subject to CEQA."
6. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
The public necessity, general welfare and good planning practices justify
the recommended 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.
2. The Notice of Exemption for General Plan Amendment 02-0106 is hereby
approved and adopted.
3. 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.
4. The City Council hereby approves and adopts General Plan Amendment 02-
0106 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 "2", attached
hereto and incorporated as though fully set forth, for property generally located between the
adopted Jewetta Avenue alignment, Rio Bravo Canal, Cross Valley Canal and Stockdale
Highway subject to conditions of approval shown on Exhibit "1".
5. That General Plan Amendment 02-0106, approved herein, be combined with other
approved cases described in separate resolutions, to form a single Land Use Element
Amendment.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of the City. p.f..B.~e,r~s~fj,eld at a regular meeting thereof held on
MAY ~ ~uuL
, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNClLMEMBER ~
COUNClLMEMBER ~/~'~-~
CITY CLERK and Ex Offi~o Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfie~
?
APPROVED AS TO FORM:
BART J. THILTGEN
S:\Dole\02-0106\CC GPAR.wpd
3
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EXHIBIT "1"
General Plan AmendmentJZone Change 02-0106
Conditions of Approval
Public Works Department
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, provide fully executed dedication for Jewetta
Avenue and Stockdale Highway 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.
Access to the arterial and collector streets 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.
Development on the site shall be subject to the Traffic Impact Fee schedule in
effect at the time of issuance of building permits.
The entire area covered by this General Plan Amendment shall be included in
the Consolidated Maintenance District. The applicant shall pay all fees for
inclusion in the Consolidate Maintenance District with submittal of any
development plan, tentative subdivision map, Site Plan Review, or application for
a lot line adjustment for any portion of this GPA area.
RED
S:~Dole\02-0106~Exhibit 1 Cond.wpd
ALLEN ROAD
R-1 TO OS
C-2 TO OS
ZONE CHANGE 02-0106
ZONE CHANGE 02-0106
EXHIB.,!T "2"
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