HomeMy WebLinkAboutRES NO 30-87RESOLUTION NO. 30-87
A RESOLUTION OF THE COUNCIL OF THE CITY
BAKERSFIELD MAKING FINDINGS AND DENYING
AMENDMENT TO THE KERN RIVER PLAN ELEMENT
OF THE BAKERSFIELD METROPOLITAN AREA
GENERAL PLAN (KERN RIVER PLAN ELEMENT
AMENDMENT NO. 1).
WHEREAS, the Council of the City of Bakersfield referred
a proposed amendment to the Kern River Plan Element of the
Bakersfield Metropolitan Area General Plan to the Planning
Commission; and
WHEREAS, the Planning Commission of the City of
Bakersfield in accordance with the provisions of Section 65351 of
the Government Code, held a public hearing on NOVEMBER 20, 1986,
on the proposed amendment to the Kern River Plan 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 proposed amendment is as follows:
The CITY OF BAKERSFIELD proposes to amend the
Kern River Plan Element on the north side of
Stockdale Highway, west of Coffee Road, north-
~est of the Kern River Canal from Resource
Management/Flood Hazard (8.5/2.5) to Public
and Private Recreation Areas/Flood Hazard
(3.1/2.5). The proposed amendment would allow
application for a Conditional Use Permit for
an 18-hole public golf course.
WHEREAS, for the above-described Segment, an Initial
Study was conducted{ and it was determined that the proposed pro-
ject could have a significant effect on the environment;
and
WHEREAS, an Environmental Impact Report was prepared and
considered for certification by the Planning Commission;
and
WHEREAS, the Planning Commission recommended Certifi-
cation of the Final Environmental Impact Report, including
Addendum No. 1, on October 2, 1986; and
WHEREAS, the rules and regulations relating to the prep-
aration and adoption of Environmental Impact Reports as set forth
in the California ]Environmental Quality Act (CEQA) and City of
Bakersfield Resolution 107-86 have been duly followed by the City
staff and Planning Commission; and
WHEREAS, the Council, as set forth in Resolution No.
29-87 , certified the Final EIR, including Addendum No. 1, as
complete and in compliance with the requirements of law; and
WHEREAS, in conformance with procedures for amending the
Kern River Plan Element, the Kern County Board of Supervisors
reviewed the proposal and recommended that the City deny the pro-
posed amendment; and
WHEREAS, at a public hearing on November 20, 1986 to
consider an amendment to the Kern River Plan Element from 8.5/2.5
to 3.1/2.5, the Planning Commission took public testimony both for
and against the proposed project; and
WHEREAS, the Planning Commission determined that although
the golf course concept ~ould provide a valuable recreational
opportunity, the proposed location in a sensitive habitat area was
not justified, and, by its Resolution No. 78-86 recommended, by a
six to one vote, denial of the proposed amendment; and
made
and
WHEREAS, this Council has
by the Planning Commission as
fully considered the findings
set forth in that Resolution;
WHEREAS, the Council, in accordance with the provisions
of Section 65355 of th~ Government Code, conducted and held a
public hearing on January 21, 1987~ on the above-described Qro-
posed amendment to the Kern River Plan Element of the Bakersfield
Metropolitan Area 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, public comments were received at said hearing
relating to the proposed project's environmental impacts, general
91an consistency, economic feasibility, and recreational value and
the habitat value of the project site; and
WHEREAS, %he project site i~ ~ocumented
scarce vegetation with significant habitat value
endangered plant and animal species; and
as supporting
for rare and
WHEREAS, the project area is a valuable San Joaquin Kit
Fox foraging and denning area; and
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WHEREAS, the proposed project would cause significant
cumulative impacts to San Joaquin Kit Fox habitat and rare plant
associations which cannot be mitigated to a level of insignifi-
cance; and
WHEREAS, the importance of identified natural charac-
teristics of the project site and the unavoidable adverse environ-
mental effects of the project outweigh the benefits of the
proposed public golf course.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. The above recitals, incorporated herein, are true and
correct.
2. The report of the Planning Commission~ including maps
and all reports and papers relevant theretot transmitted by the
Secretary of the Planning Commission to the City Council, is
hereby received, accepted and approved.
3. The proposed amendment to the Kern River Plan
Element from Resource Management/Flood Hazard to Public and
Private Recreation Area/Flood Hazard is denied. The Council
hereby makes the fkndings on Page 24 of the Staff Report (November
20, [986).
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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 February 11, 1987 , by the
following vote:
AYES: COUNCILMEMBERS: C:;;L~,3, C..ff, RIS. T. ENSEN,.~MITH. nATTY~ MOORE, DICKERSON, 8ALVAGGIO
ABSENT COUNC'LMEMBERS: ~0~/
ABSTAINING: COUNCILMEMBERS ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED February 11, 1987
MAYOR of the City of Bakersfield
APPROVED as to form:
~--~" o~NE~Y~Fo~"/t~hhe~ of Bake r s f i eld
AJS/meg
6:R.SCKRP
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