HomeMy WebLinkAboutRES NO 090-03RESOLUTION NO. 0 9 0 ' 0 3
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING CASE NO.
03-0090 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 Case No. 03-0090 of the 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 cimulation; and
WHEREAS, such Case No 03-0090 of the proposed amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan is as follows:
Case No.03-0090
West Star Construction has applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan consisting of a change from LR(Low Density Residential) to
HMR (High Density Residiential);
and
WHEREAS, for the above-described segment, 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 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. 55-03 on March 20, 2003, the Planning Commission
recommended approval and adoption of Case No. 03-0090 subject to conditions listed in Exhibit
"B" and this Council has fully considered the finding make 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 28, 2003, on the above described Case No. 03-0090 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 the (10) calendar days before the
hearing by publication in the Bakersfield Californian, a local newspaper of general circulation;
and
WHEREAS, this proposal brings the Land Use designation into consistency with the
existing zoning of the site and the result is compatible with surrounding area.
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 Case No. 03-0090 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 Case No. 03-0090 of the
proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, constituting changes as shown on the map marked Exhibit "A",
attached hereto and incorporated as through fully set forth, for property located
at 6101 Fairfax Road subject to mitigation measures in Exhibit "B".
The Case No. 03-0090, approved herein, be combined with other approved
cases described in separate resolutions, to form a single Land Use Element
Amendment.
......... 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 MAY 2 $ 2003
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNC[LMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
APPROVED MAY 28 Z003
PAMELA A. McCARTHY, CMC ~/
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED as to form
BART J. THILTGEN
City Attorney ?
S:\GPA 1st 2003\03-0090\CCRES.DOC
Exhibit A
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Exhibit B
General Plan Amendment No. 03-0090
Mitigation Measure/Condition of Approval
If cultural resources are covered during ground disturbance activities, all work shall halt
in the area of the find. A qualified professional archaeologist should be called in to
evaluate the findings and make the appropriate mitigation recommendations. (Mitigation)
S:\GPA 1st 2003\03-0090\Exhibit B.doc