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Home My WebLink AboutRES NO 097-09 RESOLUTION NO. 0 9 7- 0 9 RESOLUTION MAKING FINDINGS AND ADOPTING PROPOSED GENERAL PLAN AMENDMENT NO. 09-0326, AN AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 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, June 15, 2009, and on Thursday, June 18, 2009, on a proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, General Plan Amendment No. 09-0326, 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 Califomian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment No. 09-0326, an amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 09-0326: The City of Bakersfield has applied to amend the Land Use Element of the Metropolitan Bakersfield General Plan consisting of two changes to the City's land use map to achieve consistency with the Kern County Board of Supervisors' approvals; and WHEREAS, it was determined that the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3) (General Rule), does not apply to the proposed project, General Plan Amendment No. 09-0326, since amending the City's Land Use Element map for consistency with previously adopted county changes does not have any potential to cause significant adverse environmental impacts; and WHEREAS, by Resolution No. 34-09 on June 18, 2009, the Planning Commission recommended approval and adoption of General Plan Amendment No. 09-0326 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, August 19, 2009 on General Plan Amendment No. 09-0326, 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. The above recitals and findings are true and correct. 1 ~gAKF9 o s~ a r- m U O ORIGINAL 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 34-09, adopted on June 18, 2009. a. All required public notices have been provided. b. The provisions of the California Environmental Quality Act (CEQA) have been met. c. The proposed project would not have a significant effect on the environment. d. The project is exempt from CEQA pursuant to Section 15061 (b) (3) (General Rule) of the CEQA Guidelines. e. That General Plan Amendment No. 09-0326, as shown on attached map on Exhibit B, is hereby approved and adopted and is necessary in order to retain consistent land use maps between the County of Kern and the City of Bakersfield for the Metropolitan Bakersfield 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. 2. The project is exempt from CEQA pursuant to Section 15061 (b) (3) (General Rule) of the CEQA Guidelines. 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 General Plan Amendment No. 09- 0326, a proposed amendment to the Land Use Element Map as shown on Exhibit B attached. 5. That General Plan Amendment No. 09-0326, approved herein is combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. --------000-------- 2 o~0AKF9~ E-" r v v ORIGINAL 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 19, 2009 by the following vote: AYE COUNCILMEMBER CA SR ON,;L4),4JNi3j WEIR, COUCH, HANSON, SULLIVAN S: COUNCILMEMBER In-Q ABSTAIN: COUNCILMEMBER VAAyr:t-- ABSENT: COUNCILMEMBER &NhAfA- PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Elk of the Council of the City of Bakersfield APPROVED AUG 1 9 009 HARVEY E HALL MAYOR of the City of Bakersf- Id APPROVED as to form: VIRGINIA GENNARO City Attorney w By: 7 /j, " 46, ~e' aAtlo Exhibit A - Notice of Exemption B - General Plan Amendment Map BM:S:\GPA 2nd 2009\09-0326\Res\CC GPA Resolution.doc 3 o~gAKF9~ T m U r O ORIGINAL EXHIBIT A Notice of Exemption O~ sAKF - m v o ORIGINAL NOTICE OF EXEMPTION TO: _ Office of Planning and Research FROM: City of Bakersfield PO Box 3044, 1400 Tenth Street, Room 222 Planning Department Sacramento, CA 95812-3044 1715 Chester Avenue Bakersfield, CA 93301 X County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: General Plan Amendment No. 09-0326. Project Location-Specific: Two project sites located in the northwestern and southern Metropolitan Bakersfield General Plan Area. The northwestern project site is generally located north of Rosedale Highway and west of Calloway Drive. The southern proiect site is generally located north of Taft Highway and east of South "H" Street. Project Location-City: Bakersfield Project Location-County: Kern Project Description: A General Plan Amendment to the city's land use maps to achieve consistency with the Kern County Board of Supervisors approved amendments. This project will bring the land use element into compliance with the County-approved changes. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Development Services Department, Planning Division Exempt Status: - Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); - Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); - Categorical Exemption. State type and section number. Statutory Exemptions. State section number. X Project is exempt from CEQA pursuant to Section 15061 (b) (3) General Rule Reasons why project is exempt: The project is exempt from CEQA in that the proposal will not have a significant effect on the environment. Amending the city's land use element maps for consistency with the previously adopted county changes does not have any potential to cause significant adverse environmental impacts As all the changes have already occurred, this is a map change only. Lead Agency: Contact Person: Martin Ortiz, Principal Planner Telephone/Ext.: (661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X No_ Signature: L. ~ Date: 5-2-1'd-P Title: Planning Tech. X Signed by Lead Agency Date received for filing at OPR: Signed by Applicant o`c~AKF9N N "BM"SAGPA 2nd 2009\09-0326\Env Doc\NOE.DOC m V ~ O ORIGINAL EXHIBIT B General Plan Amendment Map o~$AKF9 s r V O noir,i►~IA.I. t,` \~JIJxJIn lL n l °o z Q, U , U Q' J N = d ~ ` U a U O1 J a = J ~ Q C a W 0U' U U o y N U J Z 0 W N N C=) W U t7 ~o~u `~7 O ~ O U U x a: w w m U C) 1 J r O J J to N K J ~ U a. fn d' CD W h U O a O c) h N N a W V / y U K O N Zp W a: w w w N N U J U W W ~ W CO N Z W 0 r. 1 n 1 z a U J J C J a D. a ` y 2 J No a ] w rn m Q W a a N U) ~ J Z a a W a W Z U U _ U W Ja 7 I J J N L a a ~ I ~ J Q ~ O ~ LL U~ a g 0 KF m a U .0 co y ORI INAL O N U co W U _ g g u4i N C7MMP O F- J ~ ~