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HomeMy WebLinkAboutRES NO 88-96RESOLUTION NO. 88-9O A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT NO. P96-0275 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT). 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, JUNE 17, 1996 and THURSDAY, JUNE 20, 1996, on General Plan Amendment No. P96-0275 of a proposed amendment to the Land Use Element of the General Plan for that site generally located along the east side of State Route 99 between McCall Avenue, White Lane and Mesa Grande Street, notice of the time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and amendment to follows: WHEREAS, General Plan Amendment No. P96-0275 of the proposed the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as and LARRY KELLER has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential) to GC (General Commercial) on 3.85 acres; WHEREAS, for the above-described General Plan Amendment No. P96-0275, an Initial Study was conducted, and it was determined that the proposed project would not have a significant effect on the environment, and a Negative Declaration was prepared; 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 city staff and the Planning Commission; and WHEREAS, by Resolution No. 56-96 on June 20, 1996, the Planning Commission recommended approval and adoption of General Plan Amendment No. P96-0275 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, JULY 10, 1996, on the above described General Plan Amendment No.~EI~ ::. 0275 of the proposed amendment to the Land Use Element of the Metropolitan Bakers~d '" :'~/: :' 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 findings: WHEREAS, the Council has considered and hereby makes the following 1. All required notices have been given. followed. The provisions of the California Environmental Quality Act have been 3. The proposed project will not have a significant effect on the environment. 4. The proposed General Commercial land use designation and rezoning to the proposed PCD (Planned Commercial Development) zoning district, as conditioned, and with the PCD requirements and restrictions, is consistent with the existing land use designations and land uses in this general area. 5. The proposed General Commercial land use designation and rezoning to the proposed PCD (Planned Commercial Development) zoning district, as conditioned, and with the PCD requirements and restrictions, is consistent with the General Plan, and the General Plan policies and goals. 6. The public necessity and general welfare justify the change of land use designation to General Commercial. 7. The proposed mini-storage facility on the subject site will act as a noise buffer, thus reducing noise levels that may impact residents within Low Density Residential land use designations which are subject to vehicle noise generated by State Route-99. 8. The proposed mini-storage facility on the subject site will generate less vehicular traffic in the adjoining Low Density Residential designated area than maximum development as allowed by the subject sites existing Low Density Residential land use designation. 9. The proposed design of the mini-storage facility will blend in with the residential character of residences located adjacent to site and will not visually detract from commercial uses located within the General Commercial designations. 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 2. The Negative Declaration for General Plan Amendment No. P96-0275 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 P96-0275 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A," attached hereto and incorporated as though fully set forth, for property generally located along the east side of State Route 99 between McCall Avenue, White Lane and Mesa Grande Street. 5. That General Plan Amendment No. 96-0275, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment. ......... o0o- ....... 3 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 JUL 1 0 ~08 , by the following vote: CITY CLERK and Ex Officio ~2~drk of the Council of the City of Bakersfiel~l/ JUL 1 O 1~6 APPROVED_ BO PRI E~~~/ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY RED:pit June 26, 1996 res\rcc0275 4 EXHIBIT '~A" HMR ALUM AVE. 14 L[ GENERAL PLAN AMENDMENT P96-0275 ~ t McCALL AVENUE GC ~ LR LR EL CABALLO AVE. LR EL BERRENDO LR LR BEA ~CIA CT. ~____~A'ITI CT. GC S CARNEROS PL. GO WHITE LANE