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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 .......... 3 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. p:493s3.ea 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