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HomeMy WebLinkAboutRES NO 018-01RESOLUTION RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. GPA P00-0691 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 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, December 18, 2000, and THURSDAY, December 21,2000, on Case No. GPA P00- 0691 of 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 (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Case No. GPA P00-0691 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment No. P00-0691: Ridgeview Church of the Nazarene is requesting a General Plan Amendment to change the land use designation from LR (Low Density Residential - less than or equal to 7.26 dwelling units per net acre) to LMR (Low Medium Density Residential - more than 4 and up to 10 dwelling units per net acre) on 4.8 acres. The project site is located adjacent on the east side of Stine Road, just south of Hosking Avenue. WHEREAS, for the above-described project, 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 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 the city staff and the Planning Commission; and WHEREAS, by Resolution No. 134-00 on December 21,2000, the Planning Commission recommended approval and adoption of Case No. GPA P00-0691, as shown in Exhibit "A", and this Council has fully considered the finding 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, February 14, 2001, on the above described Case No. GPA P00-0691 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General O~IC~tNAL 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 public notices have been provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. 4. The proposed project is consistent with the surrounding land uses. o The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 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 Department of Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference 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. The Negative Declaration for Case No. GPA P00-0691 is hereby approved and adopted. = 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. The City Council hereby approves and adopts Case No. GPA P00-0691 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A", attached hereto and incorporated as though fully set forth, for property located adjacent on the east side of Stine Road, just south of Hosking Avenue. That Case No. GPA P00-0691, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. 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 February 14, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER COUNClLMEMBER CITY CLERK and Ex OfficiO/Clerk of the Council of the City of Bakersfield APPROVED FEB 1~ 2001 APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ III Assistant City Attorney S:\GPA 4th Qtr 2000~:X3 0691~RGPA.CC.P00-0691 .wpd ORIGINAL R-IA GENERAL PLAN AMENDMENT P00-0691 ~ ~- LR McCUTCHEN ROAD ER N 400 0 40e T30S, R27E LR 25 McKEE. ( SR SR ~C)AF LR LR HOSKING~ LR LR GC