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HomeMy WebLinkAboutRES NO 44-97RESOLUTION NO. 4 4 - 9 7 A RESOLUTION MAKING FINDINGS AND ADOPTING PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT CASE NO. P96-0872). 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, DECEMBER 16 and THURSDAY, DECEMBER 19, 1996 on a proposed amendment to the Kern River Plan 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 Kern River Plan Element of Metropolitan Bakersfield 2010 General Plan is as follows: City of Bakersfield has applied to amend the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from land use Map Code 5.2 (Residential-maximum 16 units/net) acre to Map Code 6.2 (General Commercial) on 3.5 +/- acres generally located on the east side of North Chester Avenue between McCord Avenue and Beardsley Avenue, and on the southeast corner of North Chester Avenue and Beardsley Avenue, in Oildale; and WHEREAS, for the above-described amendment, it was determined that CEQA does not apply to the proposed project since amending the City's land use map of the Kern River Plan Element for consistency with a previously adopted County amendment does not have any potential to cause significant adverse environmental impacts, and a Notice of Exemption pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines has been completed; and WHEREAS, by Resolution No. 119-96 on December 19, 1996, the Planning Commission recommended approval and adoption of this General Plan Amendment consisting of a change to the land use map code of the Kern River Plan Amendment as shown on attached Figure 2, 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 MARCH 12, 1997, on the above described proposed amendment to the Kern River Plan 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 notices have been given. 2. The project is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines (General Rule). 3. Adoption of the amendment to the Kern River Plan Element is necessary in order to retain consistent land use maps between the County of Kern and the City of Bakersfield for the Kern River Plan Element, a part 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 project is exempt from CEQA pursuant to Section 15061(B)(3) - General Rule of the CEQA Guidelines. 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 Case No. P96-0872, a proposed amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, consisting of the change as shown on attached Figure "2". ......... O00 ........ 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 ~'~ ! 2 t~17 , by the following vote: Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MJM February 14, 1997 res\rk0872-cc AMENDMENT TO THE KRPE GENERAL PLAN AMENDMENT P96-0872 BELLE AVENUE HMR ~ HMR HMR GC ~ MONETA z AVENUE HMR HMR <> HMR ROBERTS LANE EAST T29S, R27E T29S,~ R28E GC ~ 5.2 HMR GC Z~6.2, ~cCORD AVENUE O HMR GC z .~, 5.2 ~ 5.2 BEARDSLEY AVENUE I GC 5.2 HMR I HR HMR J~:l HMR ROBERTS LANE 5.3~ 5.3z HMR ~ HMR .5.5 / / / / o 4oo FIGURE 2