HomeMy WebLinkAboutRES NO 75-91RESOLUTION NO. ? 5 - 9 1
A RESOLUTION MAKING FINDINGS, ADOPTING
NEGATIVE DECLARATION AND APPROVING SEGMENT IV
OF PROPOSED AMENDMENTTOTHE LAND USE ELEMENT
OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL
PLAN (LAND USE AMENDMENT 1-91).
WHEREAS, the Council of the City of Bakersfield referred
Segment IV 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 hearings on March 21 and
continued to April 4 and April 18, 1991, 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
ten (10) 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 the Metropolitan Bakersfield 2010 General Plan
is as follows:
SEGMENT IV
MARTIN MCINTOSH for Castle and
Cooke, Inc. has requested to amend
the Land Use Element of the
Bakersfield Metropolitan Area
General Plan from Low Density
Residential to Open Space-Parks on
approximately 1.85, and Open Space-
Parks to Low Density Residential on
approximately 0.93 acres located
within a portion of the northwest
quarter of Section 32, Township 29
South, Range 27 East, located
southeasterly of the intersection of
Brimhall Road and Calloway 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
W~EREAS, 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 the City staff and the Planning Commission; and
W~EREAS, by Resolution No. 25-91 on April 18, 1991, the
Planning Commission recommended approval and adoption of Segment
IV subject to conditions, and this Council has fully considered the
findings made by the Planning Commission as set forth in that
Resolution; and
W~EREAS, 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, MAY 22,
1991, 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 an least ten (10) calendar days before the hearing by
publication in the Bakersfield Californian, a local newspaper of
general circulation.
NOW, T~EREFORE, 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 25-91, are true and correct.
3. The Negative Declaration for Segment IV is hereby
approved and adopted with the following mitigation measure:
In order to mitigate the impacts of any natural to
urban land conversion 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).
Thesemeasures are necessary to prevent unauthorized
take of foxes and to offset any loses to kit fox
habitat resulting from on-going construction
activities.
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.
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5. Based on an initial study, staff determined the
General Plan Amendment would not have a significant adverse on the
environment because mitigation made by or agreed to by the
applicant would avoid or lessen the effects to a point where no
significant impacts would occur.
good planning
Amendment.
Public necessity, convenience, general welfare and
practices justify the proposed General Plan
7. The proposed General
compatible with future development
development on the project area.
Plan Amendment will be
in surrounding areas and
8. 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 a change
to Open Space-Parks and to Low Density on property generally
located southeasterly of the intersection of Brimhall Road and
Calloway Drive as shown on the map attached hereto as Exhibit "A",
with incorporation tlherein of the following condition of approval:
The ten acres of public park shall
not be eliminated until the private
mini-park is assured of development
and on-going maintenance to the
satisfaction of the Planning Commission.
9. That Segment IV, approved herein, be combined with
other approved segments described in separate resolutions, to form
a single Land Use Element Amendment, GPA 1-91.
.......... o0o ..........
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I HEREBY CERTIFYthat the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on MAY 2 2 19§1 , by the following
vote:
AYES; COUNCILMEMBERS: EDWARD.% DeMONO, SMITH. BRUNNI, PETERSON, McDERMOTt, SALVAB610
NOES~ COUNCILMEMBERS:
ABSENT COUNCILMSMBERS:
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and EX OFFICIO CLERK of
the Council of the City of Bakersfield
APPROVED MAY 2 2 19§1
CLARENCe. E. ~ DERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
LCM/meg
Attachment
Exhibit "A"
GPA\
1-91SEG4.RES
5/14/91
- 4 -
GENERAL PLAN AMENDMENT
1-91, SEGMENT IV
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EXHIBIT A