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Home My WebLink AboutRES NO 259-07 . RESOLUTION NO. 2 5 9 - 0 7 RESOLUTION MAKING FINDINGS, APPROVING THE NOTICE OF EXEMPTION AND ADOPTING GENERAL PLAN AMENDMENT NO. 07-1469, AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN FROM AN ARTERIAL TO A COLLECTOR SEGMENT FOR DR. MARTIN LUTHER KING JR. BOULEVARD, BETWEEN EAST CALIFORNIA AVENUE AND EAST BRUNDAGE LANE. (Ward 1). WHEREAS, The City Public Works Department for the City of Bakersfield filed an application requesting a General Plan Amendment, to change the circulation map for Dr. Martin Luther King Jr. Boulevard, between East California Avenue and East Brundage Lane from an Arterial to a Collector segment in the City of Bakersfield as hereinafter described; and 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 General Plan Amendment No. 07-1469, 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. 07-1469, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 07-1469: The Public Works Department for the City of Bakersfield applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan consisting of a change from an Arterial to a Collector for Dr. Martin Luther King Jr. Boulevard between California Avenue and Brundage Lane; and WHEREAS, an Initial Study was conducted for General Plan Amendment No. 07-1469 and it was determined that the proposed project would not have a significant effect on the environment; therefore, a Notice of Exemption was prepared in accordance with the California Environmental Quality Act (CEQA) and is appropriate; and WHEREAS, by Resolution No. 147-07 on September 20, 2007, the Planning Commission recommended approval General Plan Amendment No. 07-1469 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. 07-1469, 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, on Wednesday, November 28, 2007, the Council after considering the comments of staff, the applicant, and those who wished to speak, evaluated the proposal and subsequent relevant information; and Page 1 of 3 ~ ~ 1\Kt'-9~j o " >- r '::: [ v OR,~\Nt.\ WHEREAS, the laws and regulations relating to the preparation and adoption of Notice of Exemptions as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff, the Planning Commission and this Council; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The provisions of CEQA have been met. 3. Based upon the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Notice of Exemption was prepared for the project in accordance with CEQA. 4. The public necessity, general welfare and good planning practices justify the requested amendment to the Circulation Element of 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 Notice of Exemption for the General Plan Amendment No. 07-1469 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 No. 07- 1469, constituting changes as shown on the map marked Exhibit "A", attached hereto and incorporated as though fully set forth, to change Dr. Martin Luther King Jr. Boulevard, between East California Avenue and East Brundage Lane from an Arterial to Collector segment on the Circulation Map of the Metropolitan Bakersfield General Plan. 5. That General Plan Amendment No. 07-1469, 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. ._-------()() ()-------- Page 2 of 3 <(>~K~--9. J ~ >- - m I;: r- v (:) 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 NOV ~ 8 '007 by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CAR~N. BENfi'AM. w~. OOlJOI-+. HAN~N SULlJ~N. SCRI~R ~ ~~. PAMELA A. McCARTH MC CITY CLERK and Ex Icio Clerk of the Council of the City of Bakersfield APPROVED NOV 2 8 2007 HA V Y L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey By. ;Jt;M;?J1. ~ Exhibit A - General Plan Amendment Map MO:dc\\\S:\GPA 3rd 2007\07-1469 Cir\Res\CC Res GPA 07-1469.doc Page 3 of 3 ~ 'Qt-.K~--9. o ~ >- - l;:: ~ o C) ORIGINAL EXHIBIT A Location Map ~ 'Qt-.K~..y Q ~ >- r l;; ,.. v t ORIGIN^' I- Z w :E o z w :E <( z o - ~ -J :J t) c:: - t) 0') to ..q ~ I r--- o I- Z w :E o z w :E <( z ::s a.. -J ~ W Z W (.!) ~ '" . I I , I I . J . .----- . , r--- ,...J . 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