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HomeMy WebLinkAboutRES NO 210-03RESOLUTION NO. 2 1 0 -0 3 A RESOLUTION MAKING FINDINGS, APPROVING THE TEXT AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FOR THE OS-S (OPEN SPACE-SLOPES) LAND USE DESIGNATION. (GPA NO. 03-0836) 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, September 15, 2003, and Thursday, September 19, 2003, on GPA 03-0836 of the proposed text amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space-Slopes) land use designation, notice of the time and place of hearing having been given ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 03-0836, a text amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: TEXT AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN: GPA NO. 03-0836. The City of Bakersfield is amending the text of the Land Use Element of the Metropolitan Bakersfield General Plan for the OS-S (Open Space-Slopes) land use designation to clarify that the land use and intensity permitted in the OS-S land use designation is consistent with the zone district for each individual parcel designated OS-S (Exhibit "A"); and WHEREAS, for the above-described proposal, a Notice of Exemption pursuant to Section 15061 (b)(3) of the CEQA Guidelines (General Rule) was prepared and posted on September 4, 2003, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation of Notice of Exemptions as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 128-03 on September 18, 2003, the Planning Commission recommended approval and adoption of Case No. GPA 03-0836, as shown in Exhibit "A", 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, November 5, 2003, on the above described Case No. GPA 03-0836 of the proposed text 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: 1. All required public notices have been provided. ORIGINAL 2. The project is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA Guidelines (General Plan). The proposed project is consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: 1. The above recitals, incorporated herein, are true and correct. 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. GPA 03-0836 of the text amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, constituting changes as described in Exhibit "A", attached hereto and incorporated as though fully set forth. That Case No. GPA 03-0836, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. ......... O00 ........ I HEREBY CERTIFY that the foregoing Resolution was pas~;~/and adopted by the Council of the ~.i~ nf Bakersfield at a regular meeting thereof held on ~ 1 9 Z003 by the following vote: .. NOES: ABSTAIN: COUNCILMEMBER BENHAM, CARSON, COUCH,~AGGARD, SALVAGGIO, SULLIVAN COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~~ APPROVED NOV 1.9 2003 MAYOR of the City of E~akersfield CITY ~ CLERK and Ex~f the Council of the City of Bakersfield APPROVED as to fojfn: BART THILTGEN/' -* City Attorney / Attached: Exhibit"A" ' 2 ORIGINAL EXHIBIT "A" TEXT AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FOR THE OS-S (OPEN SPACE-SLOPES) LAND USE DESIGNATION GPA 03-0836 Policy l(f) Open Space: Slopes (OS-S): Areas with greater than equal to thirty percent slope. Slope areas are better defined by an overlay zone or hillside development standards. The exact land use and intensity permitted in the OS-S de$i,qnetion shall be consistent with the base zone district for each individual parcel desi.qneted OS-S. It is not the intent that the OS-S land use desiqnation preclude development but to h~qhli.qht the si.qnificant constraint to development caused by steep slope. Note: The text amendment is highlighted in the italicized bold type face.