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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