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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 MO:djl S:~GPA 2nd 2004\04-0457 (Circ Miram)\Resolutions~res,gpa_cc.doc 3 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. MO:djl S:\GPA 2nd 2004~4-0457 (Circ Miram)\Env Doc~Mit - Exh A.dec