HomeMy WebLinkAboutRES NO 39-97RESOLUTION NO. 3 9 - 9 ?
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND DENYING PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(LAND USE ELEMENT 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 hearings on MONDAY, SEPTEMBER 16, 1996, and THURSDAY, SEPTEMBER
19, 1996, and continued such hearing to THURSDAY, OCTOBER 3, 1996, MONDAY,
DECEMBER 16, 1996, THURSDAY, DECEMBER 19, 1996, and THURSDAY,
JANUARY 16, 1997, on 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 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 Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
BERCAMP Partners has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from Low Density Residential to High
Medium Density Residential on 12.38 acres, for property
located at the southwest corner of Stockdale Highway and
South Renfro Road; 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
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. 1-97 on January 16, 1997, 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 12, 1997, on the above described 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
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. The proposed amendment of the Land Use Element to change the
designation of the subject site from Low Density Residential to High Medium Density
Residential is not compatible with the character and density of existing and projected
residential development in the surrounding vicinity.
5. The proposed amendment is not consistent with the policies and
standards of the Metropolitan Bakersfield 2010 General Plan.
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 rainills" 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. The above recitals and findings, incorporated herein, are true and
correct.
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.
2
4. The City Council hereby denies General Plan Amendment Case No.
P96-0543, a 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 hereto and incorporated as though fully set forth, to High Medium
Density Residential for property generally located at the southwest corner of Stockdale
Highway and South Renfro Road.
......... 000 ........
EXHIBIT "B"
GENERAL PLAN AMENDMENT
P96-0543