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
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ORIGINAL
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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