HomeMy WebLinkAboutORD NO 4256
ORDINANCE NO.
~256
AN ORDINANCE ADOPTING NOTICE OF EXEMPTION
AND APPROVING AMENDMENT OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY DELETING A CONDITION REQUIRING AN
EQUESTRIAN TRAIL GENERALLY BETWEEN ALLEN
ROAD AND THE KERN RIVER ALONG THE GOOSE
LAKE SLOUGH (ZC 04-1550).
WHEREAS, Mcintosh & Associates filed an application requesting the change in
condition of that certain property in the City of Bakersfield covered by zone change P01-
1019; and
WHEREAS, the Planning Commission, through its Secretary, did set
THURSDAY, MARCH 17,2005, at the hour of 5:15 p.m. in the Council Chambers of City
Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public
hearing before said Planning Commission on said application and accompanying
proposed notice of exemption, and notice of the public hearing was given in the manner
provided in Title Seventeen of the Bakersfield Municipal Code; and
WHEREAS, for the above-described project, it was determined that the proposed
project was exempt from CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of
notice of exemptions was set forth in CEQA and City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by city staff and the Planning
Commission; and
WHEREAS, at said public hearing held March 17,2005, the request for a change
in conditions by Castle and Cooke California, was duly heard and considered, and the
Planning Commission found as follows:
1. That the deletion of the condition requiring an equestrian trail is
necessary by virtue of the design of the Westside Parkway.
2. That equestrian usage of the Kern Rive Equestrian Trail is not precluded
by this action.
WHEREAS, by Resolution No. 33-05 on March 17, 2005, the Planning
Commission approved the adoption of an ordinance amending Title 17 of the Municipal
Code to approve Zone Change No. 04-1550 as delineated on attached, marked Exhibit
"A", respectively, and this Council has fully considered the Planning Commission's
recommendation as set forth in that Resolution; and
WHEREAS, the City Council has considered and hereby makes the following
findings;
1 . All above recitals are true and correct.
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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. 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 711.4 of the
State of California Department of Fish and Game Code. Additionally, the
assumption of adverse effect is rebutted by the above-referenced
absence of evidence in the record and the Lead Agency's decision to
prepare a Negative Declaration of this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. The above recitals and findings are true and correct and constitute the
Findings of the Council, incorporated herein.
2. The Notice of Exemption for Zone Change No. 04-1550 is hereby
adopted.
3. The deletion of the condition (from GPA P01-1 019, Resolution #088-02)
requiring the construction of an equestrian trail is approved and is shown
in attached Exhibit "A".
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal
Code and shall become effective not less than thirty (30) days from and after the date of
its passage.
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the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
_Ç~uncil of the City of Bakersfield at a regular meeting thereof held on
MAY 2 5 2005 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD. HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED MAY 2 5 2005
HARVE L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ¡2riH.d) Ì)1. ~
Exhibits Attached:
Exhibit A - Map
S:\GPA 1st 2005\04-1550\Resolutions\CC res,doc
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk
Council of the City of Bakersfield
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 26th day of Mav, 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4256 , passed by the
Bakersfield City Council at a meeting held on the 25th day of Mav. 2005 and entitled:
AN ORDINANCE ADOPTING NOTICE OF EXEMPTION
AND APPROVING AMENDMENT OF TITLE SEVENTEEN
OF THE BAKERSFIELD MUNICIPAL CODE BY DELETING
A CONDITION REQUIRING AN EQUESTRIAN TRAIL
GENERALLY BETWEEN ALLEN ROAD AND THE KERN
RIVER ALONG THE GOOSE LAKE SLOUGH (ZC 04-1550)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
.
BY:~_~Ç
DEPU City lerk
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