HomeMy WebLinkAboutRES NO 258-07
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RESOLUTION NO. 2 5 8 - 0 7
RESOLUTION MAKING FINDINGS, APPROVING THE NOTICE OF
EXEMPTION AND ADOPTING PROPOSED GENERAL PLAN
AMENDMENT NO. 07-1535, AN AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN.
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
17, 2007, and on Thursday, SEPTEMBER 20,2007, on a proposed amendment to the Land Use
Element of the Metropolitan Bakersfield General Plan, General Plan Amendment No. 07-1535, notice of
the time and place of hearing having been given at least ten (10) calendar days before said hearing by
publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 07-1535, an amendment to the Land Use Element
of the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-1535:
The City of Bakersfield has applied to amend the Land Use Element of the Metropolitan
Bakersfield General Plan to incorporate land use element consisting of a change from
HMR (High Medium Density Residential) and MUC (Mixed Use Commercial) to OS-P
(Parks and Recreation) on 19.47 acres. The project site is generally located on the
south side of State Route 178, east of Canteria Drive; and
WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant
to Section 15301 (d), does not apply to the proposed project, General Plan Amendment No. 07-1535,
since the project is an existing facility and does not involve any expansion to the existing use. The
change in land use of an existing facility does not have any potential to cause significant adverse
environmental impacts; and
WHEREAS, by Resolution No. 147-07 on September 20, 2007, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 07-1535 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
28,2007, on General Plan Amendment No. 07-1535, 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. The above recitals and findings are true and correct.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 145-07 adopted on September 20,
2007.
3. All required public notices have been provided.
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4. The provisions of the California Environmental Quality Act (CEQA) have been met.
5. The proposed project would not have a significant effect on the environment.
6. The project is exempt from CEQA pursuant to Section 15301 (d) of the CEQA
Guidelines.
7. The land use designation change from HMR (High Medium Density Residential) and
MUC (Mixed Use Commercial) to OS-P (Parks and Recreation) on 19.47 acres is
compatible with the land use designations of surrounding properties and is internally
consistent with the Metropolitan Bakersfield General Plan.
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 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.
3. The City Council hereby approves and adopts General Plan Amendment No. 07-1535, a
proposed amendment to the Land Use Element as shown on Exhibit A attached.
4. That General Plan Amendment No. 07-1535, approved herein is combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
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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 2 S 2007 by the following vote:
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AYES: COUNCILMEMBER CARSON, BENHAM, WEIR,IiilWeH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER ~
ABSTAIN: COUNCILMEMBER ~
ABSENT: COUNCILMEMBER C!DLLc..J..-
PAMELA A. McCARTH , MC
CITY CLERK and Ex 0 Icio Clerk of the
Council of the City of Bakersfield
APPROVED NOV 2 8 2001
HARV Y L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
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Exhibit A - General Plan Amendment Map
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EXHIBIT A
GENERAL PLAN AMENDMENT MAP
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