HomeMy WebLinkAboutRES NO 101-05RESOLUTION ~*0 1 ' 0 5
RESOLUTION MAKING FINDINGS, APPROVING
NOTICE OF EXEMPTION AND ADOPTING CASE NO.
04-1550 OF PROPOSED AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 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, MARCH 14, 2005 and THURSDAY, MARCH 17, 2005, on Case No. 04-1550
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 ten (10) calendar days before said
hearing by publication in the Bakersfield Caiiforniar~, a local newspaper of general
circulation; and
WHEREAS, such Case No. 04-1550 of the proposed amendment to the Land
Use Element of the Metropolitan Bakersfield General Plan is as follows:
Case No. 04-1550
Mclntosh and Associates for Castle and Cooke California has applied to
amend the Land Use Element of the Metropolitan Bakersfield General
Plan consisting of a deletion of the condition of GPA P01-1019
(Resolution #088-02) which required an equestrian trail along Goose
Lake Slough from Allen Road to the Kern River;
and
WHEREAS, for the above-described project, it was determined that the proposed
project would not have a significant effect on the environment and a Notice of Exemption
was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Notices of Exemption 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. 32-05 on March 17, 2005, the Planning
Commission recommended approval and adoption of Case No. 04-1550 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, MAY 11, 2005, on the above described Case No. 04-1550 of
the proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, notice of time and place of the hearing having been given at lease ten (10)
calendar days before the hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
O~?IG!Na'
WHEREAS, the Council has considered and hereby makes the following
findings:
The equestrian trail was precluded in this area by the Wayside Parkway
construction, specifically the interchange of Allen Road and the Westside
Parkway.
That equestrian usage of the Kern River is not severed because of the
one acre "staging area" planned along the Kern River.
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 Notice of Exemption for Case No. 04-1550 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. 04-1550 of the
proposed amendment to the Land Use Element of the Metropolitan
Bakersfield General Plan, constituting deletion of the condition to require
an equestrian trail from GPA P01-1019 (Resolution #088-02), attached
hereto and incorporated as though fully set forth, for property generally
located between Allen Road and the Kern River as shown on Exhibit "A'.
That Case No. 04-1550, 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 t_h..e,..City of Bakersfield at a regular meeting thereof held on
UA¥ 1_ 1_~J by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED ~¥ 1 ! ?_005
PAMELA A. McCARTHY, CMC///
CITY CLERK and Ex Officio Cl~,¢k of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
A Location Map
S:\GPA 1 st 2005\04-1550~Admin staff reports~CC RES.doc
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