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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 n'l z rn Fn Fn z 0 0 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