Loading...
HomeMy WebLinkAboutRES NO 078-03 078-03 RESOLUTION NO. __ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING OF PROPOSED GENERAL PLAN AMENDMENT 02-1144 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, MARCH 17, 2003, and THURSDAY, MARCH 20, 2003, on General Plan Amendment 02-1144 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, such General Plan Amendment 02-1144 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 02-1144 Dave Dmohowski has applied has applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from LMR (Low Medium Density Residential) to LR (Low Density Residential) on 20.70 acres generally located one-half mile south of State Route-178 along the east side of Miramonte Drive (extended); 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 Mitigated Negative Declaration 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 the city staff and the Planning Commission; and WHEREAS, by Resolution No. 57-03 on March 20, 2003, the Planning Commission recommended approval and adoption of General Plan amendment 02-1144 subject to conditions, mitigation measures listed on 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 02-1144 of the proposed amendment to the Land Use Element of the M~tropolitan 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: 2. 3. 4. 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. Mitigation Measures/Conditions of Approval shown on Exhibit "1" are included in the project to ameliorate impacts. 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 Negative Declaration for this project. 8. 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 Negative Declaration for General Plan Amendment 02-1144 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- 1144 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 generally located generally located one-half mile south of State Route- 178 along the east side of Miramonte Drive subject to mitigation measures/conditions shown on Exhibit "1". That, General Plan Amendment 02-1144 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment on May 28, 2003. ......... 000 ......... ! 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 MAY l ~ 2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, COUNClLMEMBER ~ COUNCILMEMBER I~ ot,.l~ COUNCILMEMBER ~'R L-'JF~'(-~' I o PAM EL~,~ McCARTHY, CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 1 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form BART J. THILTI~N City Attorney, / S:\Dole\02-1144\CC GPAR,DOC EXHIBIT "1" MITIGATION MEASURES General Plan Amendment/Zone Change 02-1144 Panning A qualified professional archaeologist shall conduct a field survey of the entire subject site prior to any ground disturbance activities. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If any other archaeological artifacts are discovered during site development, all work shall stop until the find has been evaluated by a qualified archaeologist or historian. CONDITIONS Planning Commission The applicant shall participate in the installation of a traffic signal at the intersection of Miramonte Drive and State Route-178 and that the applicant pay a pro-rata share of the traffic signal installation cost. Planninq Conditions of approval of Vesting Tentative Tract No. 6160 are applicable to and in affect for GPA/ZC 02-1144. ITl Z --I I .-,3,.