HomeMy WebLinkAboutRES NO 52-82RESOLUTION NO. 52-82
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE
DECLARATION AND CONDITIONALLY APPROVING SEGMENT
III OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT
OF THE BAKERSFIELD METROPOLITAN AREA GENERAL
PLAN (LAND USE AMENDMENT 1-82).
WHEREAS, the Council of the City of Bakersfield referred
Segment III of a proposed amendment to the Land Use Element of
the Bakersfield Metropolitan Area General Plan to the Planning
Commission; and
WHEREAS, the Planning Commission of the City of Bakersfield,
in accordance with the provisions of Section 65351 of the Government
Code, held a public hearing on April 15, 1982 on Segment III 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 ten (10) calendar days before said hearing by publication
in a local newspaper of general circulation; and
WHEREAS, such Segment III of the proposed amendment to
the Land Use Element of the Bakersfield Metropolitan Area General
Plan concerns the following area:
SEGMENT III:
DALE G. SCALES has applied to change the Low
Density Residential designation to Recreational
Commercial for 15.66 acres located North of
Highway 178, approximately one-half mile West
of the mouth of the Kern River Canyon;
and
WHEREAS, for the above described Segmentw an Initial
Study was conducted, and it was determined that the proposed
project would not have a significant effect on the environment,
provided that mitigation measures are included in and adhered to
in the approval of a P.C.D. Zone, 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 Resolution 60-80 have been duly followed by
the City staff and the Planning Commission; and
WHEREAS, by Resolution No. 25-82 on April 15, 1982, the
Planning Comission approved Segment III of the proposed amendment
and recommended approval and adoption of the proposed amendment
by this Council, subject to the condition that the property be
zoned P.C.D. (Planned Commercial Development) including the
following:
Fire Suppression: On-site fire sup-
pression facilities shall be installed
to the satisfaction of the City of
Bakersfield Fire Department and Building
Department.
Sewage: On-site sewage disposal systems
shall satisfy requirements set by the
Kern County Health Department and City
of Bakersfield Building Department.
Special attention should be given to
potential effects on groundwater and the
alignment of bedding planes with relation
to the Kern River.
Flooding: Engineering analysis shall
determine flood potential of the on-site
stream with consideration for off-site
factors including existing culverts and
an irrigation reservoir located upstream
from the project site. The study shall
identify any on-site or off-site mitiga-
tion necessary to reduce flood potential.
P.C.D. final development plans shall
incorporate mitigation identified in the
study if necessary to protect people or
property. Flood control measures shall
be implemented to the satisfaction of
the City of Bakersfield Public Works
Department, City Building Department and
California Department of Transportation
(CALTRANS);
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 May 19, 1982 on the
above-described Segment III of the proposed amendment to the Land
Use Element of the Bakersfield Metropolitan Area General Plan,
Dotice 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 newspaper of general circulation.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as
follows:
1. The above recitals and findings, incorporated
herein, are true and correct.
2. The Negative Declaration for Segment III 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 Segment
III of the proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan, subject to the condition
that the property be zoned P.C.D. (Planned Commercial Development)
including the three (3) items set forth above.
5. That this Segment III of the proposed amendment to
the Land Use Element be combined with other segments approved and
adopted by this City Council, as set forth in separate resolutions,
to form a single Land Use Element Amendment, 1-82.
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 the 19th day of May, 1982, by the
following vote:
AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RATTY, ROCKOFF STRONG
NOES: COUNCILMEN: ,
ABSENT: COUNCILMEN: if~.~r.yt. f
A;3STAINING: COUNCILMEN: IfL4~
CITY CLERK and E k of the
Council of the City of Bakersfield
APPROVED aS ~o
Bakersfield
AJS:mm 4.