The URL can be used to link to this page

Home My WebLink AboutRES NO 168-91RESOLUTION NO. '~ 6 $ - 9 ]. A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND APPROVING SEGMENT IX OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-91). WHEREAS, the Council of the City of Bakersfield referred Segment IX of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan to the Planning Commission; and 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 June 20, 1991, on Segment IX 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 ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment IX of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT IX: CITY OF BAKERSFIELD proposes 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 approximately 37.01 acres, located at the northwest corner of Highway 99 and McKee Road. 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 duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 54-91 on June 20, 1991, the Planning Commission recommended approval and adoption of Segment IX 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, AUGUST 14, 1991, on the above described Segment IX 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. 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 findings of the Planning Commission, set forth in Resolution 54-91, are true and correct. 3. The Negative Declaration for Segment IX is hereby approved and adopted. 4. 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. 5. The proposed General Plan Amendment would not have a significant adverse effect on the environment. 6. Public necessity, convenience, general welfare and good planning practices justify the proposed General Plan Amendment. 7. The proposed General Plan Amendment will be compatible with future development in surrounding areas and development on the project area. 8. The City Council hereby approves and adopts Segment IX 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 located at the northwest corner of Highway 99 and McKee Road and mitigation measures in Exhibit "A". 9. That Segment IX, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 2-91. .......... o0o .......... 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 All8 1 4 lggl by the following vote: A¥~$; COUNCILMEMBERS: EDWARO~j, OeMONn, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVAG(~10 NUES; COUNCILMEMBERS: ,~/,~/'J ~ ~,BSENT COUNCILMEMBERS: ,~/,/~ ~-- I~STAIN: COUNCILMEMBERS~ NO~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED AUG 1 4 ~991 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: CITY ATTORNEY of the City of Bakersfield pjt a:ccr.s9 EXHIBIT "A" General Plan Amendment 2-91, Segment IX Mitigation Measures An archeological survey is required for the project area prior to site disturbance. The report is to be submitted to the California Archeological Inventory at Cal State Bakersfield for review. A letter from the California Archeological Inventory verifying that any measures of the report have been completed shall be submitted to the City Planning Department prior to issuance of any building permit. 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. ms:gpa2919f.stf GPA 21-9.'1, SEGMENT IX AND EXISTING. LAND USES 130S, R27E: LI Minutes, P1/C, 6/20/91 16. GENERAL PLAN AMENDMf~T ASD B~.L $1 ANNEXATION Page 15 VIII, ZONE UPON ANNEXATIf/q $5131, Motion was made by C~mnlssioner adopt a Resolution with required findings as set forth in the report, approving the pro- posed Brimhall $1 Annexation end to the City Council. Motion ~s seconded by Ccamlissioner Messner, carried by the follow- ing roll call vote: AYES: Ccfa~issioners Marino, Anderson, Bjorn, Messnet, Powers, Rosenlieb 17. Gf~RAL PLAN AMENDM~qT 2-g], SfF_q~ENT IX The project area is located on the north side of McKee Road, west of Highway 99. %~ne requested amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan fr~n High Density Residential to Low Density Residential on approximately 37.81 acres. public hearing was opened. ~nere was no one present wishing to speax either in favor or opposition, public hearing was closed. Motion was made by Coa~nissioner Messner, to adopt the resolution making findings as set forth in the staff report, approving the Negative Declaration, with mitigation listed in Exhibit ~'A" and approving GPA 2-91, Segment IX consisting of an amendment to the Land Use Element fromm High Medium Density Residential to Low Density Residential, and recc~mn~nd same to the City Council. Motion was seconded by Ccmml~ssioner Powers, and carried by the following roll call vote: AYES: Cca*nissioners Marino, Anderson, Bjorn, Cohn, Messner, Powers, Rosenlieb NOES: None 18. G~%ERAL PLAN AMEbDMf~T 2-91, SfEM~gT X to amend the text of the Land Use Element of the Bakersfield 2010 General Plan to remove the require~_nt for a hearing before the Plar~ing Co~nission for Class "A" Site plan )jects and uses in Civic Center, Hospital, and Church zones within of Bakersfield. PuDlic hearing was Mr. Devereux, Government of Realtors spc~e in opposition. Representative for the Association There being no others wishing to speaK, hearing was closed.