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Home My WebLink AboutRES NO 079-03RESOLUTION NO. 0 7 9 ' 0 3 RESOLUTION MAKING FINDINGS, APPROVING THE NOTICE OF EXEMPTION AND ADOPTING GENERAL PLAN AMENDMENT 02-1158 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 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, March 17, 2003, and THURSDAY, MARCH 20, 2003, on General Plan Amendment 02-1158 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment 02-1158 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 02-1158 Mclntosh & Associates has applied for a general plan amendment changing the land use designation on 28,794 square feet from OS-P (Open Space-Parks and Recreational Facilities) to LR (Low Density Residential) on 14 lots located within Tentative Tract 6150 and 3 lots located within Tentative Tract 6151 for those sites generally located between Ming Avenue, White Lane, Buena Vista Road and Allen 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 Notice Of Exemption from the California Environmental Quality Act 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. 49-03 on March 20, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 02-1158 subject to conditions 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 14, 2003 on the above described General Plan Amendment 02-1158 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 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: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Staff has determined that the proposed project is exempt from the California Environmental Quality Act and Notice Of Exemption was prepared. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 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 Notice of Exemption for this project. 7. This resolution will not become effective until May 28, 2003. 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. The Notice Of Exemption for General Plan Amendment 01-1158 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 02- 1158 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "2", attached hereto and incorporated as though fully set forth, for property located on 11 lots within Tentative Tract 6150 and 3 lots located within Tentative Tract 6151 for those sites generally located between Ming Avenue, White Lane, Buena Vista Road and Allen Road subject to conditions of approval shown on Exhibit "1 ". That General Plan Amendment 02-1158, approved herein, be combined with otherapproved cases described in separate resolutions, to form a single Land Use Element Amendment on May 28, 2003. ......... 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 M~¥ 14:ZOO3 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN,"~~ COUNClLMEMBER ~ ~-- COUNCILMEMBER ~Ot, b~ COUNCILMEMBER~-~/~,~.4::,'IO PAMELA A. McCARTHY, CI~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1 ~: 2003 r,~'' ./ " -(/ / I~lAa~loVr Eo~t hL~ ~;~ Lof Ba ko r'sfi~ APPROVED as to form BART J. THILT~N City Attorney ~ S:\Dole\02-1158\CC GPAR.DOC EXHIBIT "1" Conditions General Plan Amendment 02-1158 Public Works 1. Development shall be subject to the standard Regional impact Fee established by the fee schedule. S:\Dole\02-1158\Condition doc ~.r'~ ~TY SOLLTH AL_LEN ROAD 0 ) AVE. -- Z ('3 RI II:::NA VIRTA ROAD __ EXHIBIT "3" NOTICE OF EXEMPTION TO: _Offh=e of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 .[.X County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 Project Title: General Plan Amendment 02-1158 Project Location-Specific: Generally located between Ming Avenue, White Lane, Buena Vista Road and Allen Road, and along the north and west sides of Tentative Tract 6150 and along the east side of Tentative Tract 6151, and wholly within Section 12, Township 30 South, Range 26 East MDB&M. Project Location-City: Bakersfield Project LDea~n-County: Kern Description of Project:: (~eneral Plan Amendment chanqinq the land use desiqnation on 28,794 square feet from OS-P fODen Space-Parks and Recreational Facilities) to LR (Low Density Residential on 11 lots located within Tentative Tract 6150 and 3 tots ideated within Tentative Tract 6151. Such sauare footaqe will be added to 14 proposed lots. The number of lots within the tentative tracts will not increase. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Prelect: Castle & Cooke Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number. Statutory Exemptions. State section number. Project is exempt from CEQA pursuant to Section 15061 (bi(l) of the CEQA Guidelines (General Rule). Reasons why project is exempt: The project consists of minor adjustments to land use designations of the Land Use Element of the Metropolitan Bakersfield General Plan (see Description of Project). The 28,794 square feet to be changed from O$-P (Open Space-Parks and Recreation) to LR (Low Density Residential) will be redistributed to 14 lots thus creating slightly larger lots. Only a minor area of land will undergo a change in land use designations. This project site is presently designated for residential and golf course development. The golf course presently eXists. The portion of vacant land designated for open space and left over from goff course development will be added to land designated as LR and create slightly larger residential lots. Person: Richard Dole Area Code/Telephone/Extension: Lead Agency: Contact If filed by applicant: 1. 2. Signature: X Signed by Lead Agency __.Signed by Applicant (661) 326-3733 Attach ced[fled document of exemption finding. Has a notice of exemption been filed by the public agency approving the project? Yes X No Date: T'~le: Date received for filing at OPR: