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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. 2 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 .......... 3 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 LR · ]! 32 BR~MI-IALL ROAJ~ · ~ FROM LR - o< TO OS-P PARK LR FROM OS-P - TOLR OS-P PUBLIC PARK il T2gs, R27E KERN RIVER FREEWAY AL/¢N~ENT CROSS VALLEY CANAL ~ARTIN-MclNTOSH 118~08 EXHIBIT A