HomeMy WebLinkAboutRES NO 160-92RESOLUTION NO. 160-92
A RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
IV OF PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
2010 GENERAL PLAN (LAND USE ELEMENT
AMENDMENT 2-92).
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, on Segment IV 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 IV of the proposed amendment to the Land
Use Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT IV:
CITY OF BAKERSFIELD has applied to amend the Land
Use Element of the Metropolitan Bakersfield 2010 General
Plan consisting of a change from HMR (High Medium
Density Residential) to LR (Low Density Residential) on
27.38 acres located south of Highway 178 and west of
Morning Drive.
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
WHEREAS, by Resolution No. 28-92 on June 18, 1992, the Planning
Commission recommended approval and adoption of Segment IV subject to mitigation
measures listed in Exhibit "A" and this Council has fully considered the findings made by
the Planning Commission as set forth in that Resolution; and
ORtG~NAL
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, AUGUST 26, 1992, on the above described Segment IV 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 IV 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 IV 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
Highway 178, west of Morning Drive, subject to mitigation measures in Exhibit "A".
5. That Segment IV, approved herein, be combined with other approved
segments described in separate resolutions, to form a single Land Use Element
Amendment, GPA 2-92.
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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
AUG 2 6 1992 by the following vote:
AYES; COUNCILMEMBERS: EDWARDS, DeMOND, i~O ~Sd~T,~BRUNNt. PETERSON, McDERMOTI', SALVAGGiO
NOES; COUNCILMEf~TRS
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AUG 2 6 1992
CLARENCE MEDDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
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ORIGINAL
EXHIBIT "A"
Recommended Mitigation Measures
General Plan Amendment 2-92, Segment IV
Zone Change No. 5325
In order to mitigate the impacts of any natural to urban land conversion on the
San Joaquin kit fox (a State and Federally-listed Endangered Species), the
property owner must, prior to ground disturbance, follow the Advisory Notice,
detailing the Interim Mitigation Measures established for the Metropolitan
Bakersfield Habitat Conservation Plan. (Mitigation)
In order that urban development on the site will not result individually or
cumulatively in the destruction or adverse modification of habitat and the
continued existence of the Bakersfield Cactus (a Stute-designated Endangered
Species), the property owner must follow the July 1991 Mitigation Agreement
between Centennial Estates, Inc., the City of Bakersfield and the California
Department of Fish and Game. (Mitigation)
EXHIBIT B
HIGHWAY 178
,GPA 2 92,
:SEGMENT IV
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