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Home My WebLink AboutRES NO 54-98RESOLUTION NO....~ 4 - 9 8 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. P98-0060). 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 16 and THURSDAY, MARCH t9, 1998 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: Atlantic Richfield Company has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from High Medium Density Residential and General Commercial to Low Medium Density Residential on 46+/- acres generally located south of White Lane and west of South "H" Street; 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. 42-98 on March 19, 1998, 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, APRIL 22, 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: 1. All required notices have been given. ORIGINAL 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 requested Low Medium Density designation is not fully consistent with surrounding patterns of residential uses and proposed single family development. 6. The recommended Low Density Residential designation is more consistent with the type of single family residential development proposed for the site. 7. The proposed and recommended residential density categories are 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. 4. The City Council hereby approves and adopts General Plan Amendment Case No. P98-0060, 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 south of White Lane and west of South "H" Street; subject to mitigation measures shown on Exhibit ......... 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 AI~I~ 2 2 ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McOERMOTr, ROWLES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~-~ ,, ~ ABSTAIN: COUNCILMEMBER ~ -, ,~SENT: COUNCILMEMBER CITY CLERK and Ex OfficVo Clerk of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY MJM March 31, 1998 O060/rgpa-cc ORiGiNAL EXHIBIT "A" General Plan Amendment/Zone Change P98-0060 Recommended Mitigation Measures If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and make any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and to the City of Bakersfield Development Services Department. The developer shall be subject to the Ordinance provisions of the Regional Traffic Impact Fee (RTIF) program as applicable to the proposed residential development within the project. 0060-ea EXHIBIT "B" GENERAL PLAN AMENDMENT P98-0060 GC HMR GC GC AVE. J L Ii~ :-: "' i .--~:-- LR HR ' ~ I ~ ~ ~HRILR,.Z, LR - T~T.-- LR GC WHIT[ SI LR LR FALCON AVE. HUB AVE. LR LR LANE / ~ T30S, R27£ T30S, R28E / GC z LR d LR ~. 0 ~ ~LENE C~. ~ LR LR ,'~