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.
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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).
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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
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Exhibit A
Conditions of Approval
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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.)
For public health, welfare and safety.
s: \GPAs \GPA 3rd 2014 \14 - 0237 \Exhibit A.docx
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Exhibit B
General Plan Amendment Location Map
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