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Home My WebLink AboutRES NO 173-97RESOLUTION NO. ] ~' 3 - 9 ? A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT CASE NO. P97- 0406). 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, SEPTEMBER 15 and THURSDAY, SEPTEMBER 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: City of Bakersfield has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Density Residential to Low Density Residential on 20+/- acres generally located on the south side of Fairview Road about 700 feet west of South Union 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 mitigations 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. 80-97 on September 18, 1997, the Planning Commission recommended approval and adoption of this General Plan Amendment subject to mitigation measures 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, NOVEMBER 5, 1997, on the above described proposed .. amendment to the Land Use Element of the Metropolitan Bakersfield 2010 Generak~ 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: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Mitigation measures as shown on Exhibit "A" are included in the project to ameliorate impacts. 5. The proposed Low Density Residential land use designation is compatible with both existing and proposed land uses and zoning in the vicinity. 6. The proposed type and intensity of development is more consistent with surrounding patterns of planned residential uses. 7. The proposed residential density is consistent with the level of circulation access and public services expected to be available in the area. 8. 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. 2 4. The City Council hereby approves and adopts General Plan Amendment Case No. P97-0406, 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 on the south side of Fairview Road approximately 700 feet west of South Union Avenue, subject to mitigation measures shown on Exhibit "A". ......... 000 ........ 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 NOV ~ 19q? , by the following vote: AYES: COUNCILMEMbER DeMOND, CARSON, Sk,".ITH, McDERMOTT, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ABSTAIN: COUNCIL~,fEMBER A~N'~ COUNCILMEMBER APPROVED NOV '- 5 1997 CITY CLERK and Ex Officio C~l~rk of the Council of the City of Bakersfiel~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY/SK~OUSEN CITY~ORNEY MJM October 15, 1997 res\rg0406-cc EXHIBIT "A" General Plan Amendment No. P97-0406 Recommended Mitigation Measures Prior to tentative map submittal, a qualified archaeologist shall complete an archaeological study in compliance with the California Environmental Quality Act. All measures recommended by such study shall be completed prior to recordation of the tract map. In the event that human remains are discovered, the County Coroner shall be contacted. Within 30 days of completion of such field work a technical report should be submitted to the California Historical Resources Information System center. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Information Center housed at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. MJM September 3, 1997 p:g0406-ea EXHIBIT "B" GENERAL PLAN AMENDMENT P97-0406 LMR LMR [.MR LMR H,i LMR --j iL~ ~LE MC u (~ !.J L ~ · I I