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HomeMy WebLinkAboutRES NO 138-95RESOLUTION NO. 138" 95 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT II OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-95). 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, JUNE 12, 1995 and THURSDAY, JUNE 15, I995, on Segment II 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-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment II of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT II: City of Bakersfield has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from Suburban Residential to Estate Residential on 24 +/- acres, and from Resource-Mineral Petroleum to General Commercial on 2.5 +/- acres. 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 with mitigation 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 city staff and the Planning Commission; and WHEREAS, by Resolution No. 41-95 on June 15 1995, the Planning Commission recommended approval and adoption of Segment II subject to conditions listed in Exhibit "A" and this Council has fully considered the findings 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, AUGUST 30, 1995, on the above described Segment II of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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 findings: WHEREAS, the Council has considered and hereby makes the following 1. All required public notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Conditions of approval as shown on Exhibit "A" are included in the project to mitigate impacts. 5. The proposed amendment of the General Plan is compatible with existing and projected land use designations and uses. 6. The proposed land use designations recognize the continuity of existing residential and commercial land uses and zoning both within the and surrounding the proposed annexation site. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: correct. 1. The above recitals and findings, incorporated herein, are true and adopted. 2. The Negative Declaration for Segment II is hereby approved and 3. 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. 4. The City Council hereby approves and adopts Segment II of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B," attached hereto and incorporated as though fully set forth, for property generally located southwesterly and southeasterly of the intersection of State Route 178 and Comanche Drive, subject to conditions of approval and mitigation measures in Exhibit "A." 2 5. That Segment II, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-95. ......... o00 ........ 3 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the (~ouncil of the City of Bakersfield at a regular meeting thereof held on J[tlG:~ 0 '1995 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, ^".~, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILME[~.BER ~ (.~y~ ~._ ABSENT: COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ht~g ~ 0 1995 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY CARL HERNANDEZ Deputy City Attorney EXHIBIT "A" Plan Amendment 2-95, Segment II Prezoning No. 5605 (GREENHILLS NO. 1 ANNEXATION) Any future structures for human occupancy proposed within the portion of the project lying within the boundaries of the "Earthquake Fault Zone" as shown on the "Revised Official Map, Rio Bravo USGS Quad., effective January 1, 1985", published by the California State Division of Mines and Geology, shall require completion of a special geological hazards study by a duly registered engineering geologist, at the subdivision or building permit review stage. Future grading and construction activities occurring within the affected area shall be required to comply with all geologic hazard mitigation measures identified in such professional geological study. Prior to site disturbance or commencement of pre-development activities on undeveloped portions of the project site, an archaeological survey shall be performed in accordance with the guidelines of the California Archaeological Information Center at California State University, Bakersfield. Any mitigation measures recommended by such study shall be completed prior to issuance of permits on the affected portion of the site. Proof of such compliance is to be submitted to the Development Services Department. P:295S2.ea GENERAL PLAN AMENDMENT 2-95, SEGMENT II LR ~ LR ER 9 '10 16 15 LR ~ ER GC OC TO GC [-MR ,s LMR R-MP SR 16 15 21 · 22 R-MP RR T29~ R29E EXHI3rr B