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HomeMy WebLinkAboutRES NO 40-97RESOLUTION NO. 4 0 "9 7 A RESOLUTION MAKING FINDINGS, AND DENYING AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (GENERAL PLAN AMENDMENT CASE NO. P96-0543). 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 16, 1996, THURSDAY, SEPTEMBER 19, 1996, and continued such hearing to THURSDAY, OCTOBER 3, t996, MONDAY, DECEMBER 16 and THURSDAY, DECEMBER 19, t996, on a proposed amendment to the Circulation Element of the General Plan, notice of the time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan is as follows: BERCAMP Partners has applied to amend the Circulation Element of the Metropolitan Bakersfield 2010 General Plan consisting of deleting an unnamed Collector designation and alignment extending approximately 1,321 feet westerly from the intersection with South Renfro Road, and located about 841 feet north of the Cross Valley Canal; and WHEREAS, for the above-described amendment, 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 mitigations was prepared; and 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 City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 111-96 on December 19, 1996, the Planning Commission recommended denial of this General Plan Amendment and this Council has fully considered the findings 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, MARCH t2, 1997, on the above described proposed amendment to the Circulation 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 findings: WHEREAS, the Council has considered and hereby makes the following 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Deletion of the Collector segment is not consistent with the policies of the Circulation Element of the Metropolitan Bakersfield 2010 General Plan as they relate to the functions of the various street classifications including Collectors. 5. The proposed amendment of the Circulation Element is incompatible with the effective operation of the surrounding network of future local streets and existing arterial routes, in view of existing and proposed Land Use Element designations and development intensities the project area. 6. 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 State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced 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. All required notices have been given. 2. The Negative Declaration 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 denies the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan (GPA P96-0543), as shown on Exhibit "B" attached hereto. ......... o0o ........ 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 ~ I 2 1997 , by the following vote: AVFS: COUNCILMEMBER ~';' -~: COUNCILMEMBER ABSTAIN: COUNCILMEMbER CITY CLERK and Ex Officio ~erk of the Council of the City of Bakersfield APPROVED '~JAR ~ ," 1~~' MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MJM:pjt February 20, 1997 res\rc0543cc EXHIBIT "B" CIRCULATION ELEMENT AMENDMENT P96-0543 DELFT[ SECTION UNNAMED ~COLLECTOR~ "'"'""