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Home My WebLink AboutRES NO 218-92RESOLUTION NO. 218-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VI OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 3-92). 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 THURSDAY, JUNE 18, 1992, SEPTEMBER 17, 1992 and OCTOBER 1, 1992, on Segment VI 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 VI of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VI: MARTIN-MCINTOSH, agent for Castle & Cooke Development Corporation 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 14.1 _+ acres located along the northwest corner of Old River Road and White Lane 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 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 Resolution No. 107-86 have been duly followed by city staff and the Planning Commission; and ORIGINAL WHEREAS, by Resolution No. 53-92 on Segment VI, the Planning Commission recommended approval and adoption of Segment VI 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 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 18, 1992, on the above described Segment VI 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 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. 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 VI 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 VI 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 along the northwest corner of Old River Road and White Lane, subject to conditions of approval shown on Exhibit "A". 5. That Segment VI, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 3-92 . 3 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 ~10¥ 1 8 1~92 by the following vote: AYES; COUNCILMEMBERS: EDWAROS, OeMOND, SMITH, BRUNNt, I~, McDERMOTT, NOES; COUNCILMEMBERS: ~n~'~ C ASSENT COUNCILMEMBERS: I~'~'~ ¢',% n v~ ABSTAIN: COUNCILMEMBERS' ~J ~r~ ~ SALVAGGIO CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: IdAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield res\o392s6.cc 4 ORIGINAL EXHIBIT "A" Conditions of Approval General Plan Amendment 3-92, Segment VI Zone Change No. 5329 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 Advismy 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 Panama- Buena Vista Union School District 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. Public Works Department: Access shall be integrated with the adjacent gated community containing large lots. Stop signs shall be installed within the site at exit points to control traffic. Internal traffic signing/striping should be implemented in conjunction with detailed construction plans for the project. GPA 2-88, Segment V, shall be complied with concerning traffic related fees. However, upon approval by the city engineer of the supporting traffic study, a revision to the improvement agreement reflecting the effects of reduced traffic generation from the project may be reduced. p:392s6.ea EXHIBIT "B" GENERAL PLAN AMENDMENT 3-92, SEGMENT Vl / SANYON DR."-"/ SUNSET/-- :~ ~-~ ~ LR ~ LR GC L,tMARRON TRAILS DR. LR RIVERROCK DR. ~ LR ~ LRom ~ :~ <o P$ OA~. WAY cWAY I"M~'I~MAN LR 17 u~ 49226 ORIGINAL