HomeMy WebLinkAboutRES NO 179-93RESOLUTION NO. 1 ? 9 ' 9 3
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
VII OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 3-93).
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, SEPTEMBER 13, 1993 and THURSDAY, SEPTEMBER 16, 1993
on Segment VII 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 (2l)
calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation: and
WHEREAS, such Segment VII of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT Vll:
SEQUOIA ENGINEERING, INC. has applied to amend the
Land Use Element of the Metropolitan Bakersfield 2010
General Plan consisting of a change from GC (General
Commercial) to LR (Low Density Residential) on 5.14 acres
located at the northeast corner of Ashe and Harris Roads;
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. 58-93 on September 16, 1993, the Planning
Commission recommended approval and adoption of Segment VII 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
O~GINAL ~
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, NOVEMBER 10, 1993, on the above described Segment VII
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
19cal 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 CEQA have been followed.
3. The proposed General Plan Amendment will not have a significant
adverse effect on the environment.
4. The proposed General Plan Amendment will be compatible with
existing and future development in surrounding areas and the project area.
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 VII 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 VII 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 at the
northeast corner of Ashe and Harris Roads, subject to conditions of approval shown on
Exhibit "A" and mitigation measures in Exhibit "A."
5. That Segment VII, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 3-93.
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ORIGINAL
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
It0Xt ~ I) 1~ by the following vote:
AYES: COUNCILMEMBERS Mc, DERMOTr, EDWA DS I~ ~'
NOES: COUNCILMEMBERS ~F~ ~ D, SMITH BRUNN[ ROWLE$, SALVAGGK~
ABSTAIN: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS ~'¥"v~-~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB P ~~
MAYOR of the City of Bakersfield
APPROVED as to form:
lAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
DR:pjt
res\r393s7.cc
October 5, 1993
3
ORIGINAL
EXHIBIT "A"
Recommended Mitigation Measures and
Conditions of Approval
General Plan Amendment 5-93, Segment VII
Zone Change 5498
Planning Deoartment:
In order to mitigate the impacts of any development of the site on the kit fox (a Federally-listed
endangered species), the applicant must follow the Advisory Notice, detailing the Interim
Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan
(MBHCP). These measures are necessary to prevent unauthorized take of foxes and to offset any
losses to kit fox habitat resulting from on-going construction activities. (Mitigation)
Prk)r to issuance of a building permit for residential uses within the project site, $3.65 per square
foot of assessable space, as defined in Section 65995 of the Government Code, shall be paid for
the purpose of providing school facilities. (Mitigation)
Public Works:
Offers of dedication will be required to allow for the construction of the entire portion of Ashe
Road within the project area to arterial standards and of the entire portion of Harris Road within
the project area to collector standards. Such offers shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City Engineer. The offers of
dedication, fully executed, shall be submitted to the City prior to development or recordation of
any subdivision map or certificate of compliance within the GPA area or upon request of the City
Engineer, whichever occurs first.
The project area has been included in an approved drainage study performed for Tract 4957.
Development of the project area shall conform to the provisions of the approved drainage study.
Additional easements for slopes may be required along Harris Road and Ashe Road adjacent to
the project area depending upon the final design elevations of these streets and the adjacent
residential lots.
At the time of further subdivision or development, the subdivider/developer shall perform a traffic
study to identify local traffic impacts and determine measures to mitigate these impacts.
Alternatively, the subdivider/developer may pay $750 per gross acre for his share of the traffic
signals in the area.
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ORIGINAL
,EXHIBIT B
GENERAL PLAN AMENDMENT
3-93. SEGMENT VII
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ORIGINAL