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HomeMy WebLinkAboutRES NO 073-05RESOLUTION NO. 0 ~ 3' 0 5 RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GPA NO. 04-1762 A PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED GENERALLY AT THE EXTENSION OF COLONY STREET SOUTH OF PANAMA LANE AND WEST OF SOUTH H STREET, AND TRANSMITTING REPORT TO CITY COUNCIL. 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 FEBRUARY 14, 2005, then continued the item to THURSDAY, FEBRUARY 17, 2005 on the proposed General Plan Amendment 04-1762 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 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, GPA No. 04-1762 a requested amendment to the Circulation Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-1762:. Porter Robedson Engineering for Paul Owdadi applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan to add Colony Street as a collector south from Panama Lane to approximately 1/8 mile nodh of Hosking Avenue, to add an un-named collector from South H Street to Colony Street, and add Berkshire Road as a Collector from South H Street to Colony Street; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared in accordance with California Environmental Quality Act (CEQA); and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the Planning Commission found as follows: 1. All required notices have been given. 2. The provisions of CEQA have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. The public necessity, general welfare and good planning practices justify the amendment to the Circulation Element of the Metropolitan Bakersfield General Plan. The amendment to add Colony Street as a collector south from Panama Lane to approximately 1/8 mile north of Hosking Avenue, to add an un-named collector from South H Street to Colony Street, and add Berkshire Road as a Collector from South H Street to Colony Street is consistent with the Metropolitan Bakersfield General Plan. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows: The above recitals and findings are true and correct and constitute the Findings of the City Council, incorporated herein. 2) That the Negative Declaration for General Plan Amendment No. 04-1762 is hereby adopted. 3) The General Plan Amendment No. 04-1762 is hereby approved as recommended by staff as requested by the applicant, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. 4) The City Council hereby approves and adopts General Plan Amendment No. 04-1762 the recommended amendment to amend the Circulation Element of the Metropolitan Bakersfield General Plan to add Colony Street as a collector south from Panama Lane to approximately 1/8 mile north of Hosking Avenue, to add an un-named collector from South H Street to Colony Street, and add Berkshire Road as a Collector from South H Street to Colony Street, as requested by the applicant and shown on attached map in Exhibit B, located generally east of Freeway 99 and south of Panama Lane subject to mitigation and conditions of approval shown on Exhibit A. ......... o0o ......... 2 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 MAR 3 0 2005 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN1 SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, Cl~: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 3 0 200~ Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney S:\GPA 1st 2005/04-1762\CC Res. DOC 3 Exhibit D NEGATIVE DECLARATION The City of Bakersfield Planning Department has completed an initial study (attached) of the possible environmental effects of the following-described project and has determined that a Negative Declaration is appropriate. It has been found that the proposed project, as described and proposed to be mitigated (if required), will not have a significant effect on the environment. This determination has been made according to the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures. PROJECT NO. (or Title): COMMENT PERIOD BEGINS: COMMENT PERIOD ENDS: General Plan Amendment 04-1762 January 22, 2005 February 11, 2005 MITIGATION MEASURES (included in the proposed project to avoid potentially significant effects, if required): None GPA 04-1762 S.'~GPA 1st 2005104-1762Weg-Dec Initial Study. doc Page 1 of 17 iZ~ /3=1',.I I ~ ~O.LINOI~I CD