HomeMy WebLinkAboutRES NO 124-09
RESOLUTION NO. 124- 09
RESOLUTION MAKING FINDINGS, ADOPTING THE NOTICE OF
EXEMPTION AND APPROVING GENERAL PLAN AMENDMENT NO.
06-1681, AN AMENDMENT TO THE LAND USE ELEMENT OF THE
METROPOLITAN BAKERSFIELD GENERAL PLAN FROM LMR (LOW
MEDIUM DENSITY RESIDENTIAL) AND LR (LOW DENSITY
RESIDENTIAL) TO OS (OPEN SPACE) ON 180 ACRES, GENERALLY
LOCATED SOUTH OF HIGHWAY 178 AND EAST OF MIRAMONTE
DRIVE.
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, September 14,
2009 and on Thursday, September 17, 2009, on General Plan Amendment No. 06-1681, notice of the
time and place of hearing having been given at least twenty (20) calendar days before said hearing by
publication in The Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 06-1681, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 06-1681:
Porter Robertson Engineering, representing A&E Union, Inc., applied to amend the Land Use
Element of the Metropolitan Bakersfield General Plan consisting of a change from LMR (Low
Medium Density Residential) and LR (Low Density Residential) to OS (Open Space) on 180
acres. The project site is generally located south of Highway 178 and east of Miramonte Drive;
and
WHEREAS, significant environmental impacts were not identified with the project proposal;
therefore, a Notice of Exemption was prepared for General Plan Amendment No. 06-1681 in
accordance with the California Environmental Quality Act (CEQA); and
WHEREAS, by Resolution No. 46-09 on September 17, 2009, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 06-1681 and this Council has
fully considered the findings made by the Planning Commission as set forth in that Resolution and as
restated herein; 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, November 4,
2009, on General Plan Amendment No. 06-1681, 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.
2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 46-09, adopted on September 17,
2009:
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a. All required public notices have been provided.
b. The provisions of CEQA have been met.
C. Significant environmental impacts were not identified with the project proposal;
therefore, a Notice of Exemption was prepared by staff for the project site. A
Notice of Exemption was prepared for the project in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
e. The land use designation change from LMR (Low Medium Density Residential)
and LR (Low Density Residential) to OS (Open Space) on 180 acres is
compatible with the land use designation of surrounding properties and is
internally consistent with the Metropolitan Bakersfield General Plan.
f. The laws and regulations relating to the preparation and adoption of Notice of
Exemption as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been duly followed by city
staff and the Planning Commission.
3. That the proposal would allow for the preservation of open space on the 180 acre project
site.
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 Notice of Exemption for General Plan Amendment No. 06-1681 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 General Plan Amendment No. 06-1681,
constituting changes as shown on the map marked Exhibit "A", attached hereto and
incorporated as though fully set forth, for property generally located south of Highway
178 and east of Miramonte Drive.
5. That General Plan Amendment No. 06-1681, approved herein, be 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.
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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 NOV 0 4. 2009
by the following vote:
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COUNCILMEMBER CARSON, BEN AM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER pCW\
ABSTAIN: COUNCILMEMBER Y16Y`Q
ABSENT: COUNCILMEMBER h
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of t
Council of the City of Bakersfield
APPROVED NOV 0 4 2009
HARVEY L. ALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By:
Exhibit A - General Plan Amendment Map
JS - S:\GPA 4th 2007\06-1681 (Rio Bravo Golf Course)\Resolution\CC GPA Resolution.06-1681.doc
3
EXHIBIT A
General Plan Amendment Map
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