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
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GENERAL PLAN AMENDMENT P01-0163
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COUNTRY CLUB
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