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Home My WebLink AboutRES NO 78-94RESOLUTION NO. 7 8 ' 9 4 A RESOLUTION MAKING FINDINGS AND ADOPTING SEGMENT VI OF PROPOSED AMENDMENT TO THE PUBLIC SERVICES AND FACILITIES ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (GENERAL PLAN AMENDMENT 1-94). 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, MARCH 14, 1994, and THURSDAY, MARCH 17, 1994, on Segment VI of a proposed amendment to the Public Services and Facilities Element/Solid Waste 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 Services and follows: WHEREAS, such Segment VI of the proposed amendment to the Public Facilities Element of Metropolitan Bakersfield 2010 General Plan is as SEGMENT Vl: City of Bakersfield on referral by the County of Kern has applied to amend the Public Services and Facilities Element of the Metropolitan Bakersfield 2010 General Plan consisting of an addition of Implementation Measure for the siting of Solid Waste Facilities in the Metropolitan Bakersfield 2010 area by eliminating the requirement for the site to have a P-SW (Solid Waste Facilities) designation when there is no on-site disposal and no hazardous materials received on-site; and WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that the proposed amendment is exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) General Rule; and WHEREAS, by Resolution No. t7-94 on March 17, 1994, the Planning Commission recommended approval and adoption of Segment VI as shown 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, MAY 18, 1994, on the above described Segment VI of the proposed amendment to the Public Services and Facilities 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 public notices have been given. 2. The provisions of California Environmental Quality Act have been followed. 3. The proposed General Plan Amendment is exempt from CEQA (Section 16061(b)(3) General Rule. 4. The proposed amendment would have reduced the number of public hearings necessary to site such solid waste sites thereby reducing the public's involvement. 5. Segment VI, as amended in Exhibit "A" will promote the health, safety and welfare of the community. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The report of the Planning Commission, including all reports and papers relevant thereto, transmitted by the Secretary of the Planning Commission to the City Council, is hereby received, accepted and approved. 3. The proposed General Plan Amendment is exempt from CEQA (Section 16061(b)(3) General Rule. 4. The City Council hereby approves and adopts Segment VI of the proposed amendment to the Public Services and Facilities Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on Exhibit "A," attached hereto and incorporated as though fully set forth. 5. That Segment VI, approved herein, shall be combined with other approved segments described in separate resolutions, to form a single General Plan Amendment, GPA 1-94. .......... O00 .......... 2 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the (~i_ty of Bakersfield at a regular meeting thereof held ~0 ! ~ by the following vote: ABSTAIN: C.,0tJNGILMEMBERS ~ ~"~('~e r rrV'~~'" CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN ACTING CITY ATTORNEY of the City of Bakersfield MO:pjt res\r194s6.cc March 24, 1994 EXHIBIT "A" General Plan Amendment 1-94, Segment VI Public Services and Facilities Element/Solid Waste Implementation Measure #5 Within unincorporated areas of Kern County, Soil remediation and tire recycling operations do not require a Solid Waste Facilities designation (Map Code 3.4) when there is no on-site disposal, no hazardous materials received on-site, and the processing operations will produce a marketable product or products. Such operations should be located a minimum of 1/2 mile from any property designated for residential use and shall not be located within 1/2 mile of any school or hospital facility. The composting of green waste also does not require a Solid Waste Facilities designation; however, the cornposting of sewage sludge or animal waste shall require a Solid Waste Facilities designation. All necessary permits from the Kern County Department of Environmental Health Services, Kern County Waste Management Department, State of California Integrated Waste Management Board, State of California Regional Water Quality Control Board, the Air Pollution Control District, and all other responsible agencies shall be obtained prior to the commencement of operations. p:194s6.ea NOTICE OF EXEMPTION Appendix I TO: County Clerk FROM: County of Kern 1415 Truxtun Avenue Bakersfield, CA 93301 (Public Agency) City of Bakersfield Planning Dept. 1501 Truxtun Avenue Bakersfield, CA 93301 Project Title: GPA 1-94, Segment VI Project Location - Specific: Metropolitan Bakersfield area-wide. Project Location - City: Bakersfield Project Location-County: Kern Description of Project: Tex~ amendment to the Metropolitan Bakersfield 2010 General Plan. Chaoter X (Public Services and Facilities). Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Martin Ortiz Exempt Status: (Check One) X Ministerial (Sec. 21080(b)(1); 15268); Declared Emergency (Sec. 21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)); Categorical Exemption. State type and section number.see. 15061{b){3} General Rule Statutory Exemptions. State code number. Reasons why project is exempt: There is no possibilitv that the amendment to amend Chapter X by adding an implementation measure for siting recycling facility could have a significant effect on the environment. Lead Agency Contact Person: Martin Ortiz Area Code/Telephone/Extension: 805/326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a .noti~.exm~ption been filed by the public agency approv~t~.~r~j~t? Yes No Signature: ~~~ Date: January 10, 1994 Title: Associate Planner Signed by Lead Agency Date received for filing at OPR: Signed by Applicant Revised October 1989 PC, 3/17/94 Page 16 4.6 aest of Commissioner Rosenlieb, Agenda Item #5.3 also taken at this Commissioner ~ markets abstained from hearing rties. due to the fact he Public portion opene favor. one spoke in opposition or in Commissioner Rosenlieb asked Commission, the deparlmen whether the city is reqm this zone marketed at below m She on private this item comes back to the address her concern of , that the property can be of effect this would have by Commissioner Rosenlieb, seconded Marino these items to the regular meetings of d April 7, carried. PUBLIC HEARINGS - GENERAL PLAN AMENDMENTS 1-94, SEGMENT vi Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. Public portion of the hearing was closed. Commissioner Rosenlieb thanked staff for their work on this issue. She asked for follow-up of an additional proposed change to the text. Mr. Gauthier said the change was proposed for the Year 2000 school impact mitigation language. Motion was made by Commissioner Rosenlieb, seconded by Commissioner Andrew to amend the Metropolitan Bakersfield 2010 General Plan by adding to Chapter X of the Public Services and Facilities Element the implementation measure as shown on the memo dated March 17, 1994 from the Planning Director. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Delgado, Hersh, Marino, Messner, Rosenlieb, Powers NOES: None