HomeMy WebLinkAboutRES NO 021-01RESOLUTION NO. 0 2 1 ' 0 I
RESOLUTION MAKING FINDINGS, APPROVING
NOTICE OF EXEMPTION AND ADOPTING GENERAL
PLAN AMENDMENT P00-0796 OF PROPOSED
AMENDMENT TO THE LAND USE ELEMENT,
CIRCULATION ELEMENT AND KERN RIVER PLAN
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 General Plan Amendment P00-0796 of a proposed
amendment to the Land Use Element, Circulation Element and Kern River Plan Element of the
Metropolitan Bakersfield 2010General Plan, 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, such General Plan Amendment P00-0796 of the proposed amendment to the
Land Use Element, Circulation Element and Kern River Plan Element of the Metropolitan Bakersfield 2010
General Plan is as follows:
General Plan Amendment P00-0796
City of Bakersfield has applied to amend the Land Use,
Circulation and Kern River Plan Elements of the Metropolitan
Bakersfield 2010 General Plan consisting of several changes
to the City's Land Use, Circulation and Kern River Plan
Element maps to achieve consistency with the Kern County
Board of Supervisors' approved amendments from July, 1996
to September, 1999;
and
WHEREAS, for the above-described project, the amendments sites are located within the
unincorporated portion of the Metropolitan Bakersfield 2010 General Plan and are under County of Kern
jurisdiction; and
WHEREAS, for the above-described project, it was determined that CEQA does not apply
to the proposed project since amending the City's Land Use Element, Circulation Element and Kern River
Plan Element maps for consistency with previously adopted County changes does not have any potential
to cause significant adverse environmental impacts, and a Notice of Exemption pursuant to Section 15061
(b)(3) (General Rule) of the CEQA Guideline§ has been completed; and
WHEREAS, by Resolution No. 140-00 on December 21, 2000, the Planning Commission
recommended approval and adoption of General Plan Amendment P00-0796, 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, February
14, 2000 on the above described General Plan Amendment P00-0796 of the proposed amendment to the
Land Use Element, Circulation Element and Kern River Plan 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;
2. The project is exempt from CEQA pursuant to Section 15061 (b)(3) of the CEQA
Guidelines (General Rule);
3. Adoption of the Land Use Element, Circulation Element and Kern River Plan Element
amendments is necessary in order to retain consistent land use and circulation maps between the
County of Kern and the City of Bakersfield for the Metropolitan Bakersfield 2010 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.
As to the proposed amendments to the Land Use, Circulation and Kern River Plan Elements,
consisting of changes and locations as shown on attached Exhibit "A", and locations as shown on
Exhibit "B" the Planning Commission hereby recommends adoption of such amendments and
recommends same to City Council.
The repod 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 the proposed General Plan Amendment P00-0796
to the Land Use Element, Circulation Element and Kern River Plan Element of the Metropolitan
Bakersfield 2010 General Plan, constituting changes and locations as shown on Exhibit "A", and
locations shown on the map marked Exhibit "B" attached hereto and incorporated as though fully
set forth.
That General Plan Amendment P00-0796, approved herein, be combined with other approved
cases described in separate resolutions, to form a single Land Use Element Amendment, a single
Circulation Element Amendment and a single Kern River Plan Element Amendment.
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
2
threshold of significance with regard to wildlife resources and, therefore, must be granted a "de
minimis" exemption in accordance with Section 711 of the Sate of California 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 Notice of Exemption for this
project.
......... o0o ........
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 FEB 1 4 ?~fll , by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offici~ Clerk of the
Council of the City of Bakersfield
APPROVED FEB l_&
HARVEY L. ~A~L -
MAYOR of the City of Baker~ield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
RD:
January 22, 2001
S:\Dole\P00-0796\CC GPA Resolution.wpd
January 22, 2001 (2:26PM)
3
9~tGIflAL
EXHIBIT"A"
General Plan Amendment P00-0796
Amendments And Locations
Site Location Amendment*
No.
1 Vineland Road (extended) between Mountain Road and Arterial alignment
Panama Road. deleted
(Circulation
Element)
2 North side of Roberts Lane approximately 100 feet east of HMR to GC
North Chester Avenue.
3 North side of Belle Terrace between Fiorito Street and HR to LMR
Jones Street (2 sites).
4 Northwest corner of Gosford Road and Shafter Road. R-IA to RR
5 Between South Granite Road, North Chester Avenue R-MP to SI
Extension, the intersection of South Granite Road and
North Chester Avenue Extension, and the south section
lines of sections 25 and 26, T. 28 S., R 27 E, MDB&M.
6 South side of East Pacheco Road, approximately 1~ mile R-MP to RR
west of Fair[ax Road.
7 South side of Mountain View Road, approximately 1/2 mileRR to ER
east of Weedpatch Highway.
8 West side of North Chester Avenue between Day Avenue HR to GC
and Universe Avenue.
9 A portion of the northwest 1/4 of the southeast 1/4 and a SR and LR to
portion of the west 1~ of the northeast 1/4 of the southeast LMR
1/4, section 30, T. 29 S. R. 29 E. MDB&M.
10 A portion of the northwest 1/4 and a portion of the LR and SR to
southwest 1/4 of the southeast 1/4, secton 30, T. 29 S., R. LMR
29 E. MDB&M.
11 East side of Weedpatch Highway approximately 1,~ mile SR to LI
north of Mountain View Road.
12 West side of Weedpatch Highway approximately 1,500 R-MP to RR
feet south of Hermosa Road.
)~:hGINAL
Site Location Amendment*
No.
13 West side of South Union Avenue approximately 1,100 R-IA to RR
feet south of Shafter Road.
14 Northeast corner of Old River Road and Bear Mountain R-IA to GC
Boulevard.
15 Northeast corner of Gosford Road and Houghton Road. R-IA to RR
16 Southeast corner of Olive Drive and Victor Street. P to OC
17 A portion of the Northwest 1/4 of the Northeast 1/4 of S. SI to P-SW
28, T.28 S., R. 27 E., MDB&M.
18 A portion of the northeast 1/4 of the southwest 1/4 of S. 8, 7.2/2.1 to 5.6/2.1
and of T. 29 S., R. 28 E. MDB&M. (Kern River Plan
19 Element)
SI to RR (Land
Use Element)
*Unless otherwise stated amendments are to the Land Use Element,
S:\Dole\P00-0796\CC GPA Res Exhibit A.wpd
EXHIBIT B
Amendments And Locations
GENERAL PLAN
AMENDMENT
P00-0796