HomeMy WebLinkAboutRES NO 218-04RESOLUTION NO. 2 1 8- Oz~
RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT CASE NO. 04-0457 OF PROPOSED
AMENDMENT TO THE CIRCULATION ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED
GENERALLY EAST OF COMANCHE DRIVE, SOUTH OF
STATE ROUTE 178. (Ward 3).
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 MONDAY, JUNE 14,
2004, and THURSDAY, JUNE 16, 2004, on Case No. 04-0457 of a proposed amendment to the
Circulation Element of the General Plan, notice of the time and place of hearing having been given at
least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. 04-0457 of the proposed amendment to the
Circulation Element of the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 04-0457:
The City of Bakersfield applied to amend the Circulation Element of the
Metropolitan Bakersfield General Plan consisting of changes as follows: To re-align
the collector segment of Miramonte Drive south of State Highway 178 to realign in an
east-west direction to align with Chase Avenue at Comanche Drive and establish a
new collector alignment east of Miramonte Drive. The project site is located
generally east of Comanche Drive, south of State Highway 178; and
WHEREAS, for the above-described project, 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's CEQA Implementation Procedures, have
been duly followed by the city staff and the Planning Commission; and
WHEREAS, by Resolution No. 64-04 on June 16, 2004, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 04-0457 subject to conditions
and mitigation listed in Exhibit "A" and this Council has fully considered the finding 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,
July 7, 2004, on the above described General Plan Amendment No. 04-0457 of the proposed
amendment to the Circulation Element of the Metropolitan Bakersfield 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; and
WHEREAS, the Council has considered and hereby makes the following findings:
ORIGI,NAL
The above recitals and findings are true and correct and constitute the Findings of
the Planning Commission, incorporated herein.
That the applicant by pdor written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
That the Negative Declaration for General Plan Amendment No. 04-0457 is hereby
recommended for appreval.
The General Plan Amendment 04-0457 is hereby appreved to re-align the collector
segment of Miramonte Drive south of State Highway 178 to realign in an east-west
direction to meet with Chase Avenue at Comanche Drive and establish a new
collector alignment east of Miramonte Drive as requested by the applicant and
recommended by staff, with mitigation measures adopted in the Negative
Declaration and conditions of appreval for the project.
As to General Plan Amendment 04-0457 the recommended amendment to the
Cimulation Element of the Metropolitan Bakersfield General Plan, consisting of
changes to realign in an east-west direction to meet with Chase Avenue at
Comanche Drive and establish a new collector alignment east of Miramonte Drive,
as requested by the applicant and shown on attached map in Exhibit "B", located
generally east of Comanche Ddve, south of State Route 178, the Planning
Commission hereby recommends adoption of such Cimulation Element Amendment
of the Metropolitan Bakersfield General Plan, subject to conditions of approval
shown on Exhibit "A", and recommend same to City Council
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.
The Negative Declaration for General Plan Amendment No. 04-0457 is hereby
approved and adopted.
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.
The City Council hereby approves and adopts General Plan Amendment No. 04-
0457 of the proposed amendment to the Circulation Element of the Metropolitan
Bakersfield General Plan, constituting changes as shown on the map marked
Exhibit "B", attached hereto and incorporated as though fully set forth, for property
located generally east of Comanche Drive, south of State Route 178, subject to
conditions of approval shown on Exhibit "A".
6. This Resolution shall not become effective until the approval of the Second
Circulation Element Amendment Cycle for the year 2004 by the City Council of the
City of Bakersfield.
ORIGINAL
I HEREBY CERTIFY that the foregoing Resolution was passed aELd.adopted by the,
Council of the City of Bakemfield at a regular meeting thereof held on JUl. 0 ?
by the following vote:
COUNCILMEMBER COUCH. CA~SON, BE~HAM, MAG'"C~a, RD. HAN~ON. SULLIVAN, SALVA~GIO
COUNClLMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNClLMEMBER
PAMELA A. McCARTHY, CMCl/)
CITY CLERK and Ex Officio Clerl~of the
Council of the City of Bakersfield
APPROVED JUL 0 7 2004
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
Attached: ExhibitA - Conditions of Approval
B - Map
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ORIGINAL
EXHIBIT A
Conditions
General Plan Amendment No. 04-0457
The alignments shown on the Exhibit are necessarily schematic in nature. Minor
variations from the alignments shown may be allowed to accommodate topography and
other physical constraints. This may include relocation and reconfiguration of
intersections.
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