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HomeMy WebLinkAboutRES NO 155-14RESOLUTION NO. 1-55, 14 RESOLUTION OF THE BAKERSFIELD CITY COUNCIL DENYING THE APPEAL TO THE PLANNING COMMISSION'S DECISION AND APPROVING AN AMENDMENT TO THE LAND USE MAP DESIGNATION OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN LOCATED ON THE EAST SIDE OF BEDFORD GREEN DRIVE, BETWEEN STATE ROUTE 178 AND KERN CANYON ROAD (SR 184) (GPA /ZC NO. 14- 0237). WHEREAS, the City of Bakersfield Planning Department is requesting an amendment to the land use map designation of the Metropolitan Bakersfield General Plan from HMR (High Medium Density Residential) to OS -P (Parks and Recreation) on 19.21 acres located on the east side of Bedford Green Drive, between State Route 178 and Kern Canyon Road (SR 184) (the "Project "); and WHEREAS, the City Council adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the Planning Commission held a public hearing on July 17, 2014 and approved Resolution No. 40 -14 which recommended that the City Council approve the Project; and WHEREAS, Heidi Carter- Esc u rdero filed an appeal to the Planning Commission's recommendations regarding General Plan Amendment and Zone Change No. 14 -0237; and WHEREAS, the appeal was filed with the City Clerk on July 25, 2014 in accordance with the Municipal Code; and WHEREAS, the appellant stated she was affected by the Planning Commission's decisions because she is an area resident; and WHEREAS, the Clerk of the City Council set Wednesday, August 13, 2014 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the approval of the amendment as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, Negative Declaration and the Planning Commission's deliberation, and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 40 -14 are hereby adopted. �gAKF9 Page 1 of 3 � r U O ORIGINAL. 2. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 3. The Project is hereby approved subject to the conditions of approval in Exhibit A and located on the map as shown in Exhibit B, both of which are incorporated herein. 4. The appeal is denied. 5. The Project approved herein is hereby made part of the 3rd amendment to the Land Use Element of the Metropolitan Bakersfield General Plan for calendar year 2014 in accordance with Government Code Section 65358 (b). --- - - - - -- 000-- - - - - -- Page 2 of 3 8 " �AK�9s � r v o ORIGINAL HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on I, 1 s 2014 , by the following vote: AYES: Q ABS AI A T: ✓ ✓ ,,// �/ �/ COUNCI LMEMBER RIVERA, MAXWELL, WEIR HAI40N, SULLNAN, JOHNSON ROBERTA GAFFORD, CM CITY CLERK and Ex Offici Clerk of the Council of the City of Bakersfield APPROVED AUG 2014 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Att n y By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Conditions of Approval B General Plan Amendment Map By: DL \S: \GPAs \GPA 3rd 2014 \14 - 0237 \ResOrd \RES CC Resolution GPA 14- 0237.docx Page 3 of 3 U r O ORIGINAL Exhibit A Conditions of Approval gAkF9 o s ORICINAi Exhibit A Conditions of Approval General Plan Amendment /Zone Change No. 14 -0237 1. Prior to construction of the site, the Developer shall provide to the California Department of Transportation (Caltrans) a copy of the project's "Site Plan" for review and conformance with CalTrans standards. For orderly development. 2. Prior to construction of the site, the Developer shall provide written confirmation from the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR) to the Planning Director stating that all oil wells have been leak tested and abandoned (as applicable) to the satisfaction of DOGGR. For public health, welfare and safety. 3. In the event a previously undocumented well is uncovered or discovered on the project site, the developer is responsible to contact the Department of Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. Developer shall also be subject to provisions of BMC Section 15.66.080 (B.) 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