HomeMy WebLinkAboutRES NO 101-00RESOLUTION NO. 10 I -0 0
RESOLUTION MAKING FINDINGS, APPROVING
NEGATIVE DECLARATION AND ADOPTING GENERAL
PLAN AMENDMENT CASE NO. GPA P00-0235 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN.
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 12, 2000, and THURSDAY, June 15, 2000, on Case No. GPA P00-0235 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 twenty (20) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such Case No. GPA P00-0235 of the proposed amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. P00-0235:
Castle & Cooke California, Inc. is requesting a General Plan Amendment to
change the land use designation from HMR (High Medium Density Residential)
to LR (Low Density Residential) on 8.62 acres. The project site is located south
of Campus Park Drive and west of Old River Road.
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 was prepared; and
WHEREAS, the taw 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. 60-00 on June 15, 2000, the Planning
Commission recommended approval and adoption of Case No. GPA P00-0235, as shown 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, August 16, 2000, on the above described Case No. GPA P00-0235 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; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required public notices have been provided.
2. The provisions of the California Environmental Quality Act have been met.
3. The proposed project would not have a significant effect on the environment.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the State of California Department
of Fish and Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-reference absence of evidence in the record and the
Lead Agency's decision to prepare a Negative Declaration for this project.
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 Case No. GPA P00-0235 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 Case No. GPA P00-0235 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
"A", attached hereto and incorporated as though fully set forth, for property
generally located south of Campus Park Drive and west of Old River Road.
That Case No. GPA P00-0235, approved herein, be combined with other
approved cases described in separate resolutions, to form a single Land Use
Element Amendment.
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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 on August 16, 2000, by
the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, GREEN, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED AUG 16
APPROVED as to form:
OFFICE OF THE CITY ATTORNEY
BY: ~,//~'~~
CARL HERNANDEZ III
Assistant City Attorney
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