Loading...
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. 3 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 pit res\r492s3.cc 4 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. p\492s3.ea EXHIBIT B GENERAL PLAN AMENDMENT 4-92, SEGMENT III LAI',E ~C o 4oo I ,:::::: ~.o~c,c ::::: i: ~:-:-:.:-:.'I~.LR.:-:-:-: I:.:.:.:.:.:.:.:.:.:.:.:.:.: i::-~.:-i::.~ L:.:.:.:.:.:.:.:.:.:.:.:.:. ~ ii~ ~.-.-.-.-.-.-.-.:.:.....-.: ...... E-:-:-:-:-:-:-:.:-:-:.:-:..:.:.:.:.r i:.:.:-:.:.:-:-:-:-:.:-:.:-::.:.:.:.7 ~:.:.:.:.:.:.:.:.:.:.:.:.:.::.:.:.:-t :::::::::::::::::::::::::::::::::::~ BERKSHIRE ROAD HR ORIGINAL 6921gB