HomeMy WebLinkAboutRES NO 5-98RESOLUTION NO.
A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN
AMENDMENT P97-0656 TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(GENERAL PLAN AMENDMENT P97-0656).
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, DECEMBER 15, 1997, and THURSDAY, DECEMBER 18, 1997, on 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-one (21) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element of
Metropolitan Bakersfield 2010 General Plan is as follows:
GENERAL PLAN AMENDMENT P97-0656
VALZA CORPORATION has applied to amend the Land Use
Element of the Metropolitan Bakersfield 2010 General Plan
consisting of a change from HR (High Density Residential) to MC
(Major Commercial) on a 1.42 acre site located along the west
side of Castro Lane between Valley Plaza Shopping Center and
Lum Avenue;
and
WHEREAS, for the above-described amendment, 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 with mitigation was prepared; and
WHEREAS, the law 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 city staff and the Planning Commission; and
WHEREAS, by Resolution No. 104-97 on December 18, 1997, the Planning
Commission recommended approval and adoption of this General Plan Amendment subject to
mitigations listed in Exhibit "A" and this Council has fully considered the findings 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, JANUARY t4, 1998, on the above described 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:
ORIGINAL
1. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have
been follows.
The proposed project will not have a significant effect on the
environment.
Mitigation measures as shown on Exhibit "A" are included in the project
to mitigate impacts.
The project must be granted a "de minimis" exemption with respect to the
payment of Fish and Game Section 711 fees. 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 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 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.
2. The Negative Declaration is hereby approved and adopted.
3. 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.
4. The City Council hereby approves and adopts General Plan Amendment
Case No. P97-0656, a proposed amendment to the Land Use Element of the Metropolitan
Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "B",
attached hereto and incorporated as though fully set forth, for property generally located along
the west side of Castro Lane between the Valley Plaza and Lum Avenue, subject to mitigation
measures shown on Exhibit "A."
5. That General Plan Amendment P97-0656, approved herein, be combined
with other approved amendments described in separate resolutions, to form a single Land Use
Element Amendment.
......... O00 ........
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
'JAN ! 4 19~ , by the following vote:
AYES: COI.INCILMEM~ER DeMOND, CARSON, SMITH, McDERMOTT, ROWLES, SULLIV.~,N, Sp. IJf~ G~!O
NOES: COUNCILMEMBER__
ABSTAIN: COUNCIL~',~EMBER
ABSI~NT: c..,OUNCILI~EMBER~_ .'~ ~--
ORIGINAL
CITY CLERK and Ex Offic, J~ Clerk of the
Council of the City of Baker'sfield
APPROVED !JAN l ~, 1998
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY SKOUSEN
CITY ATTORNEY
RED:pjt
December 22, 1997
res\rg0656-cc
3
ORIGINAL
EXHIBIT "A"
Mitigation Measure
General Plan Amendment P97-0656
The proposed parking lot site shall have a "P" (Automobile Parking) zoning
district which will be limited on-site land use to a parking lot and will eliminate
concerns of impacts created by commercial land uses being located adjacent to
residential uses.
p:g0656-ea
~RIGINAL
EXHIBIT "B'
GENERAL PLAN AMENDMENT
P97-0656
MING AVENUE
VALLEY PLAZA
SHOPPING CENTER
MC
HMR
GC
0 400~
$CAL£ IN FEET (~.
T30S, R27E
, ~
MC
LR
OR~//~-~'~ /-~">- - LR ....
~I/- NORMAN AVE.
1~ LUM - --
~ ]'r~ L UM AVE.
ALMA WY.
E HO AVE.
LR
~ LR ~ LR VALORIE
Z
~ LR
WILSON
GO
ROAD "
ORIGINAL