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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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