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HomeMy WebLinkAboutRES NO 21-93RESOLUTION NO. ~g 2 - 9 3 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT V 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 on Segment V 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 V of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V MARTIN-MCINTOSH, agent for Castle and Cooke Development Corporation, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from ER (Estate Residential - 1 net acre/dwelling unit) to LR (Low Density Residential, < to 7.26 dwelling units per net acre) on 27.55 acres located south of Brimhall Road north of the Kern River and between the existing and proposed alignments of Calloway Drive as shown on Exhibit "B". 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 Declaratio 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. 65-92 on December 17, 1992, the Planning Commission recommended approval and adoption of Segment V 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 ~ ~c~27~ 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 V 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 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 given. 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. Conditions 2 and 3 as shown on Exhibit "A" fully mitigate any adverse impacts to schools from this project. 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 V 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 V 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 Brimhall Road and between the existing and proposed alignments of Calloway Drive and north of the Kern River, subject to conditions of approval shown on Exhibit 5. That Segment V, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-92. 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 E£B ~ ,.lgg3-_ by the following vote: CITYICLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB ~ 8 ~ MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDIN] CITY ATTORNEY of the City of Bakersfield res\r492sv.cc EXHIBIT "A" Conditions of Approval General Plan Amendment 4-92, Segment V Zone Change No. 5388 Planning Department: 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) The approval and issuance of each building permit for the project are expressly conditioned on full compliance with the terms and conditions of a Memorandum of Understanding (MOU) entered into between the applicant and the Rosedale Union School District dated August 6, 1992, and letter from Stephen L. Hartsell of Schools Legal Service dated October 1, 1992. The approval and issuance of each building permit for the project are expressly conditioned on full compliance with the terms and conditions of a Memorandum of Understanding (MOU) entered into between the applicant and the Kern High School District dated October 1, 1992, and letter from Dr. Neal Olsen, Associate Superintendent, Kern High School District, and Philip Turner, Vice President, Castle and Cooke Development Corporation dated October 1, 1992. p:492s5.ea EXHIBIT "B" GENERAL PLAN AMENDMENT 4~92. SEGMENT V BRIMHALL ROAD LR 31 LR 32 kERN RIVER =REEWAY · GC LR T29S, R27£ ~ ,~ANA/ ,g Iog 209