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HomeMy WebLinkAboutRES NO 127-01RESOLUTION NO. 1 A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA P01-0163 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 THURSDAY, June 28, 2001, on GPA P01-0163 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of the time and place of hearing having been given at least thirty (30) calendar days before said hearing by publication in the Bakersfield Californian. a local newspaper of general circulation; and WHEREAS, GPA P01-0163, an amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: A General Plan Amendment to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan by changing the land use map designation from LMR (Low Medium Density Residential - more than 4 and up to 10 dwelling units per net acre) to GC (General Commercial) on 7 acres of land; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment, and, therefore, a Negative Declaration was prepared and posted on May 10, 2001, in accordance with CEQA; 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. 85-01 on June 28, 2001, the Planning Commission recommended approval and adoption of Case No. GPA P01-0163, 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, August 22, 2001, on the above described Case No. GPA P01-0163 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of time and place of the headng 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 is consistent with the surrounding land uses. 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 711.4 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted for GPA P01-0163. 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 P01-0163 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 at the northeast corner of Alfred Harrell Highway and State Route 178. That Case No. GPA P01-0163, approved herein, be combined with other approved cases described in separate resolutions, to form a single General Plan Amendment. The Planning Division of the Development Services Department is hereby directed to file a Notice of Determination with the County Clerk of Kern County, pursuant to the previsions of Section 21152 of the Public Resources Code and Section 15094 of the CEQA Guidelines adopted pursuant thereto and a Certificate of Fee Exemption pursuant to Section 711.4 (c)(2)(B) of the State of California Department of Fish and Game Code. ......... 000 ........ 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 August 22, 2001, by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER CITY CLERK and Ex Offlcio[~lerk of the Council of the City of Bakersfield AUG 2 2 2001 APPROVED VICE MAYOR of the City of: Bakersfield APPROVED as to form: BART THILTGEN City Attorney BY: S:~GPA 2nd Qb' 2001'~01-0163\RGPA,CC P01-0163.wpd 3 GENERAL PLAN AMENDMENT P01-0163 SR OS 11 GC LMR R~O BRAVO COUNTRY CLUB 14 T29S, R29E