HomeMy WebLinkAboutRES NO 56-93 RESOLUTION NO. 5 6 - 9 3
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 4-92).
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 DECEMBER 17, 1992 and JANUARY 7, 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:
CITY OF BAKERSFIELD 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) located south of the Arvin-
Edison Canal to Berkshire Road, east and west of Wible
Road:
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 was prepared and posted on
November 2, 1992; and
WHEREAS, for the above-described segment, another Initial Study was
conducted and it was determined that the proposed project would not have a significant
effect on the environment including but not limited to school impacts and a Negative
Declaration with mitigation measures was prepared and posted on November 18, 1992,
in accordance with CEQA; and
ORIG)NAL
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. 1-93 on January 7, 1993, the Planning
Commission recommended approval and adoption of Segment III subject to conditions
listed in Exhibit "A"; and
WHEREAS, the Planning Commission recommendation was appealed by
the School Legal Service; and
WHEREAS, said appeal was duly heard by the City Council on May 12,
1993; 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 3, 1993, on the above described Segment IlI 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 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.
5. The proposed project will not have a significant effect on the school
districts.
6. Conditions of approval attached to the project as Exhibit "A" are
included in the project to mitigate impacts.
7. The proposed amendment of the General Plan is compatible with
existing designations and development adjacent to the site.
8. The requested General Plan Amendment is consistent with the
Metropolitan Bakersfield 2010 General Plan policies regarding location of commercial
designations.
9. The California State Legislature enacted Senate Bill 1287 that preempts
the City's ability to impose mitigation above and beyond the $1.65 plus the additional $1
imposed by the school districts.
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 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.
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
the Arvin-Edison Canal to Berkshire Road, east and west of Wible Road, subject to
conditions of approval shown on Exhibit "A".
5. That Segment IIl, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 4-92.
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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
I/~Y ~. ~ l,q~3 by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
BOB'PRICE
MAYOR of the City of Bakersfield
APPROVED as to form:
~7
LAWRENCE M. LUNARDINI
CITY ATTORNEY of the City of Bakersfield
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EXHIBIT "A"
Conditions of Approval
General Plan Amendment 4-92, Segment lII
Zone Change #5391
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)
An archaeological survey is required for the project area prior to site disturbance.
The report is to be submitted to the California Archaeological Inventory at Cal
State Bakersfield for review. A letter from the California Archaeological
Inventory verifying that any measures of the report have been completed shall be
submitted to the City Planning Department prior to the issuance of any building
permit. (Mitigation)
Prior to the issuance of a building permit within the project area, a minimum of
$2.65 per square foot of assessable space shall be paid for the purpose of
providing school facilities.
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EXHIBIT B
GENERAL PLAN AMENDMENT
4-92, SEGMENT III
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ORIGINAL
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