HomeMy WebLinkAboutRES NO 21-94RESOLVTION NO.2 ! ' 9 4
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
III OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 4-93).
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, DECEMBER 13 and THURSDAY, DECEMBER 16, 1993, on
Segment III 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 III of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT III:
The CITY OF BAKERSFIELD has applied to amend the
Land Use Element of the Metropolitan Bakersfield 2010
General Plan consisting of a change from SI (Service
Industrial) to LI (Light Industrial) on 5 acres located south
of Wilson Road, west of Union Avenue;
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. 69-93 on December 16, 1993, the Planning
Commission recommended approval and adoption of Segment III 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, FEBRUARY 9, 1994, on the above described Segment III 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
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
2. The provisions of the California Environmental Quality Act
(CEQA) have been followed.
3. Based on the Initial Study, staff has determined that the proposed
project, as recommended, could not have a significant effect on the environment. A
Negative Declaration was advertised and posted on October 26, 1993.
4. Conditions of approval attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
5. The proposed amendment of the General Plan is compatible with
existing designations and development adjacent to the site.
6. The proposed general plan amendment is consistent with the
Metropolitan Bakersfield 2010 General Plan policies and goals.
7. The California Archaeological Inventory does not have sufficient
inventory of archaeological resources.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
The above recitals and findings, incorporated herein, are true and
correct.
The Negative Declaration for Segment III is hereby approved and
adopted.
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.
2
4. The City Council hereby approves and adopts Segment III 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 south of
Wilson Road, west of Union Avenue, subject to conditions of approval and mitigation
measures in Exhibit "A."
5. That Segment III, approved herein, be combined with other
approved segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 4-93.
.......... 000 ..........
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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
g'£8 0 9 ~ by the following vote:
AYES: COUNCIk~tBa8~ ¥~taOIT,~I3~II3~M~N, BRUNN~,ROWLES, S~LVA(3(3D
NOES: OOUNCILMEM~
ABSTAIN: COUNCILMEMBER~ rA '~, ~..~-
ABSENT: COUNCILMEkI~EtR~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED F£Bg9 ~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
ACTING CITY ATTORNEY of the City of Bakersfield
BY: ~- ~
MO:pjt
res\r493s3.cc
January 5, 1994
EXHIBIT "A'
General Plan Amendment 4-93, Segment I11
Zone Change No. 5524
Conditions of Approval
In order to mitigate the impacts of any natural to urban land conversion on the
San Joaquin kit fox (a State and Federally-listed endangered species), the
applicant must, prior to ground disturbance, follow the Advisory Notice. detailing
the Interim Mitigation Measures established for the Metropolitan Bakersfield
Habitat Conservation Plan.
An archeological survey shall be conducted by a qualified archaeologist with
recommended mitigation measures prior to site disturbance.
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ORIG~)'
EXHIBIT B
LMR
LMR
GENERAL PLAN AMENDMENT
4-93. SEGMENT III
SOUTHGATE DRIVE
LMR
LMR
W
LMR SI
HMR
RIOS ST. ~
ETHRUM
HMR ~
WILSON
$1 TO LI
PHOENIX AVENUE
HMR ~ HMR
RO~D
G
/ ¢c \
LR
PATRICIA AVE.
\ LR
GENEVA AVENUE
\
GC \ LR
SI
SI
AVENUE
SI
Z
SYLV1A DR. ~
HMR
AVE.
LR
I TiLTON
7
T30S, R28£
109304