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HomeMy WebLinkAboutRES NO 95-92RESOLUTION NO. 95-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT !I OF PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (KERN RIVER PLAN ELEMENT AMENDMENT 1-92). 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 MARCH 19, 1992, and APRIL 2, 1992, on Segment II of a proposed amendment to the Kern River Plan 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 II of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT II CITY OF BAKERSFIELD has applied to amend the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from 7.3/2.5 (Heavy Industrial Flood Hazard) to 8.4/2.5 (Mineral and Petroleum/Flood Hazard) on 50 ± acres located south of the Cross Valley Canal between Mohawk Street and the Friant- Kern Canal; 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 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 OR;G~,qAL WHEREAS, by Resolution No. 14-92 on APRIL 2, 1992, the Planning Commission recommended approval and adoption of Segment II 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, JUNE 3, 1992 and JUNE 24, 1992, on the above described Segment II 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 twenty-one (21) 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. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment. 5. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. 6. The proposed amendment was referred to the Kern County Board of Supervisors as required by the procedures of the Kern River Plan Element who on June 15, 1992, recommended approval of the general plan amendment. 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 II 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. OR;G~AL 4. The City Council hereby approves and adopts Segment II of the proposed amendment to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A", attached hereto and incorporated as though fully set forth, for property generally located along the south side of the Cross Valley Canal between Mohawk Street and the Friant- Kern Canal. 5. That Segment II, approved herein, be combined with other approved segments described in separate resolutions, to form a single Kern River Plan Element Amendment, GPA 1-92. OR;G)rJAL 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 ~UN 2 4 ~ by the following vote: AYES; COUNCIU~MBER$: EDWARDS, DeMOND, SMITH, ORUNNI, PETERSON, MCOERMO'Fr, SALYAGOIO NOES: COUNCILMEMBERS: I~ ~Ut ,,,,,,,,,,,,,,,,,,~ A~SENT COUNCILMEMBERS: A~STAIN: COUNCILMEMBERS. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 4 1052 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNAEDINI CITY ATTORNEY of the City of Bakersfield pit p:rkr192s2.cc 4 OR;GINAL GPA. 1-92 KRPE SEGMENT II ROSEDALE =~5 ANNEXATION TO 8.4/2.5 4