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Home My WebLink AboutRES NO 257-07 RESOLUTION NO. 2 5 7 -" .0 7 RESOLUTION MAKING FINDINGS, APPROVING THE NOTICE OF EXEMPTION AND ADOPTING THE PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN (CASE NO. 07-1373). WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Govemment Code, held a public hearing on Monday, September 17, 2007, and on Thursday, September 20, 2007, on General Plan Amendment No. 07-1373, 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. 07-1373, an amendment to the land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 07-1373: The City of Bakersfield has applied to amend the text of the land Use Element of the Metropolitan Bakersfield General Plan to incorporate two (2) additional policy statements; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Sections 15162 (Special Situation), 15183 (Special Situation), and 15061 (b) (3) (General Rule), does not apply to the proposed project, General Plan Amendment No. 07-1373, since there is no possibility these text changes could have a significant effect on the environment and, therefore this activity does not require the preparation of any environmental document and WHEREAS, by Resolution No. 165-07 on September 20, 2007, the Planning Commission recommended approval and adoption of General Plan Amendment No. 07-1373, and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution and as restated herein; 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. 07-1373, 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. 165-07, adopted on September 20,2007: a. All required public notices have been provided. <oM~?> J ~ >- -- m "::::: r- <.J () ORIGINAL b. The project is exempt from CEQA pursuant to Sections 15162 (Special Situation), 15183 (Special Situation), and 15061 (b) (3) (General Rule), of the CEQA Guidelines. c. Adoption of the additional land use policies will promote principles currently outlined in the Metropolitan Bakersfield General Plan in regard to infill development and redevelopment, and connectivity between new residential and commercial development, will promote good planning practice when evaluating new land use applications. 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 Notice of Exemption for General Plan Amendment No. 07-1373 is hereby approved and adopted as shown in Exhibit A. 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 No. 07-1373, consisting of the addition of two (2) new policies, as shown on Exhibit B, the Planning Commission hereby recommends to the City Council approval of said amendment to the land Use Element of the Metropolitan Bakersfield General Plan. 5. That General Plan Amendment No. 07-1373, approved herein, be 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. ---------()()()-------- 2 <oMf1. O~ c.r ..,.-, >- iT "::::: r- v D ORIGINAl 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 November 28, 2007 by the following vote: AYES: NOES: COUNCILMEMBER CA~N. BEN~. W~.~. HA~ON. SUL~AN. SC~ER COUNCILMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER (l D U ~ L- ABSTAIN: ABSENT: MC CITY CLERK and Ex I io Clerk of the Council of the City of Bakersfield APPROVED NOV 2 8 2001 APPROVED as to form: VIRGINIA GENNARO City Attomey By. /JI;w; )Jt ~ Exhibit A - Notice of Exemption B - Proposed Amendments to the land Use Element RB - S:\GPA 3rd 2007\07-1373\Res\CC GPA Resolution 07-1373.doc 3 <oMl:--): J , u., >- f l-': r <:> C ORIG'N~I EXHIBIT A NOTICE OF EXEMPTION ~ <oAK~?> o (fl "1' >- - I- m __ t- o <::> ORIGINAL NOTICE OF EXEMPTION TO: Office of Planning and Research PO Box 3044, 1400 Tenth Street, Room 222 Sacramento, CA 95812-3044 FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 .x County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: General Plan Amendment No. 07-1373. Project Location-Specific: Metro-Wide area Project Location-City: Bakersfield Project location-County: Kern Project Description: A General Plan Amendment consistinc of changes to the City's land Use Element of the Metrooolitan Bakersfield General Plan. Name of Public Agency Approving Project: Citv of Bakersfield Name of Person or Agency Carrying Out Project: Marc Gauthier. Princioal Planner. City of Bakersfield. Develooment Services Deoartment. 1715 Chester Avenue. Bakersfield. CA 93301 Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number. Statutory Exemptions. State section number. .x Project is exempt from CEQA pursuant to Section 15061lb)(3), 15162(a)(1H2), & (3). 15183 Reasons why project is exempt: The Final Environmentallmoact Reoort (EIR) for the MetroDolitan Bakersfield General Plan was certified bv the Board of Suoervisors on December 2. 2002. Use of this EIR comolies with the orovision of Section 15162 as a valid orior EIR. Section 15162 of the California Environmental Qualitv Act (CEQA) Guidelines orovides that no subsecuent EIR is recuired for a oroiect unless there are substantial chances or new information which was not known at the time of the certification of the EIR. Staff has reviewed the Final EIR for the MetroDolitan Bakersfield General Plan and finds that information recardinc traffic and land use was discussed. analyzed. and feasible and reasonable mitigation was included in the oolicies. No new information or chances have occurred since the certification of the Final EIR that would meet the standards under Sections 15162(a)(1), (2), or (3), Likewise. Section 15183 of the amended CEQA Guidelines orovides that oroiects that are consistent with the develooment densitv established bv an existing General Plan for which an EIR was oreoared. recuires no further environmental review. This amendment of text will result in no chances to develooment densities established bv the General Plan. Therefore. staff has concluded that there is no oossibilitv that these text chances could have a sicnificant effect on the environment and. therefore. under the orovision of Section 15061lb)(3), this activitv does not recuire the oreoaration of \~f environmental document. J J9~ >- I l rTi ~ r- v ORIGINA.P Lead Agency: Contact Person: Marc Gauthier. Princioal Planner Telephone/Ext.: (661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? YesL No_ Signature: ~ L Date: Auaust 15. 2007 Title: Associate Planner --2L- Signed by lead Agency _ Signed by Applicant Date received for filing at OPR: RB:\\S:\GPA 3rd 2007\07-1373\NOE.DOC <oAK~?> J (fl i.. ~ >- - m "::::: r- o () ORIGINAl EXHIBIT B PROPOSED AMENDMENTS TO THE LAND USE ELEMENT <0 M t:"-9. J ~ >- rn ~ r- V () ORIGINAl POLICY: 14A. Allow new multiple family residential infill at densities less than the minimum on lots % acre or less where the surrounding area is substantially developed with urban uses, and the project incorporates architectural design elements, open space, landscaping, and setbacks similar with the existing neighborhood character. (1-1, 1-6, 1-8) POLICY: 30B. Require perimeter street(s) around new commercial office, retail, mixed-use, and industrial business park land uses where they will enhance pedestrian and vehicular access from adjacent residential neighborhoods or promote convenient access to public transit services, and where anticipated traffic will not detrimentally impact local streets. Exceptions may be allowed if natural or artificial barriers such as, but not limited to, railroads, utility corridors, canals or other watercourses, or topographic features exist that create a logical separation between the uses, or to encourage infill development. (1-1, 1- 6, 1-7, 1-8) <oAKf~ J ~ >- ii- "::::: r- v () ORIGINA'