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HomeMy WebLinkAboutRES NO 46-92RESOLUTION NO,~, '~: 0 - 9 2 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 4-91). 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 19, 1992 and January 9, 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: DEWALT CORPORATION, agent for Atlantic Richfield Co. has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from R-EA (Resource-Extensive Agriculture, 20 acre minimum parcel size) to HMR (High Medium Density Residential, greater than 7.26 and less than or equal to 17.42 dwelling units per net acre) on 3 +/- acres; from HMR to GC (General Commercial) on 5.7 +/- acres; from GC to HMR on 4.3 +/- acres; from HR (High Density Residential, greater than 17.42 dwelling units per net acre) to HMR on 21.7 +/- acres; and from OC (Office Commercial) to GC on 1.8 +/- acres for that site generally located along the southwest corner of South "H" Street and White Lane as shown on Exhibit "A". 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 O~IGIN^L 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. 3-92 on January 9, 1992, the Planning Commission recommended approval and adoption of Segment IV subject to conditions listed in Exhibit "B" and mitigation measures listed in Exhibit "C", 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, MARCH 25, 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 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. 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. 2 ORIGINAL 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 "A," attached hereto and incorporated as though fully set forth, for property generally located along the southwest corner of South "H" Street and White Lane, subject to conditions of approval shown on Exhibit "B" and mitigation measures on Exhibit "C". 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 4-91. 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 MAR 2 5 1992 by the following vote: AYES. COUNCILMEMBERS ......... ~ peMONO. SMITH. BRUN ............ McDERMOTT, SALVAGGIO NOES: COUNCILMEMBERS: N~/~ ~ ~I~NT COUNPALMEMBERS: ~/d,q~h~ /~'~;o~J ~TAIN: COUNCILMEMBERS' ~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 2 5 1992 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINZ/ ~ CITY ATTORNEY of the City of Bakersfield pit p:rgpas4.cc ORIGINAL ttMR CC kITH. EXHIBIT A STAFF RECOMMENDATION GENERAL PLAN AMENDMENT 4-91, SEGMENT IV LANE T30S, R27E SI HUR SAINT HELENS 0 4O0 GC 18 T30S, R28E GC HR OALOUTTA DR. I OS-P HMR I EXHIBIT "B" Conditions of Approval GPA 4-91, Segment IV ZC 5245 Public Works 1. Right turn lanes into major entrances along South "H" Street will be required. Locations will be determined at the time of Site Plan Review. 2. Any additional mitigation measures identified in the required traffic study shall be enacted. 3. Vehicular access restrictions to the project area described in the conditions of approval for Tentative Parcel Map 7353 shall remain in effect. OFIIGI~,~AL EXHIBIT "C" Mitigation Measure GPA 4-91 Segment IV ZC 5245 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. OR(GINAL