HomeMy WebLinkAboutRES NO 154-02RESOLUTION NO. I 5 4 ' 0
RESOLUTION MAKING FINDINGS DENYING THE
REQUESTED GENERAL PLAN AMENDMENT NO. P01-
0916 OF THE PROPOSED AMENDMENT TO THE LAND
USE ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN. (GPA P01-
0916) (Ward 4).
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, April
1, 2002, and THURSDAY, April 4, 2002, on the proposed General Plan Amendment No. P01-
0916 of a 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 twenty (20)
calendar days before said hearing by publication in the Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, such General Plan Amendment No. P01-0916 of the proposed amendment
to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment No. P01-0916:
The City of Bakersfield has applied to amend the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan consisting of changes from ER
(Estate Residential) to OC (Office Commercial) on approximately five acres
located at the northwest corner of Brimhall Road and Jewetta Avenue; and
WHEREAS, for the above-described project, 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 for the project in accordance with the
California Environmental Qua(ity Act (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. 30-02 on April 4, 2002, the Planning Commission
recommended approval and adoption of a portion of General Plan Amendment No. P01-0916
subject to conditions and mitigation measures listed in Exhibit 1 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, September 4, 2002, on the above described General Plan Amendment No.
P01-0916 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield
2010 General Plan, 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 City Council has considered the proposed project and hereby
the following findings:
NOW,
Bakersfield as
1.
2.
The above recitals and findings are true and correct and constitute the Findings
of the City Council, incorporated herein.
That the Negative Declaration for General Plan Amendment No. P01-0916 is
recommended for approval by the Planning Commission and the entire
environmental record is hereby adopted and incorporated herein by reference.
That the requested General Plan Amendment P01-0916 to amend the
Metropolitan Bakersfield 2010 General Plan was recommended for approval by
the Planning Commission to OC (Office Commercial) on approximately five acres
with mitigation measures and conditions of approval for the project.
That the infrastructure exists or can easily be provided to accommodate the
types of density and intensity of the proposed development.
The project site is being annexed to the City of Bakersfield.
There was considerable public concern over the use and design of this project.
Many ajoining property owners felt the proposed use was incompatible with the
existing neighborhood.
As to General Plan Amendment No. P01-0916 the Planning Commission's
recommendation to amend the Land Use Element of the Metropolitan Bakersfield
2010 General Plan is found to be inappropriate because of the site's geometrics
and size preclude effective mitigation which would address concerns raised by
adjoining property owners and the canal.
THEREFORE, BE IT RESOLVED and found by the Council of the City of
follows:
The above recitals and findings incorporated herein, are true and correct.
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.
That the project site is too small and the wrong shape for the proposed land use
designation.
The City Council hereby denies the requested General Plan Amendment No.
P01-0916 of the proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan, which requested changes as shown
on the map marked Exhibit 1, attached hereto and incorporated as though fully
set forth, for property located at the northwest corner of Brimhall Road and
Jewetta Avenue.
......... O00 ........
2
ORdINAl
the
Council
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
of the City of Bakersfield at a regular meeting thereof held on
S£P 4. 200Z , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNClLMEMBER
CITY CLERK and Ex Officio~,~lerk of the
Council of the City of Bakersfield
APPrOVEd SEP 4. ZOOZ
HARVEY L. HALL ·
MAYOR of the City of BakerSfield
APPROVED AS TO FORM:
BART J. THILT~E~N
City A.~/.
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