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.
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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
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