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HomeMy WebLinkAboutRES NO 166-99RESOLUTION NO. ~. 6 6 ' 9 9 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT P99-0450 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. (Ward 1 and 7). 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, September 13, 1999, and THURSDAY, SEPTEMBER 16, 1999, on P99-0450 of a proposed amendment to the Land Use Element of the 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. P99-0450 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P99-0450 The City of Bakersfield has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change to rescind the Casa Loma Specific Plan, which covers approximately 3,461 acres located generally between East Brundage Lane on the north, East Pacheco Road to the south, Mt. Vernon Avenue on the east, and the majority of parcels with frontage lying on the west side of South Union Avenue to the west; 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 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 the city staff and the Planning Commission; and WHEREAS, by Resolution No. 150-99 on September 16, 1999, the Planning Commission recommended approval and adoption of General Plan Amendment P99-0450 and this Council has fully considered the finding 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, November 3, 1999, on the above General Plan Amendment P99-0450 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 Council has considered and hereby makes the following findings: 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. 3. Based on the Initial Study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Negative Declaration was advertised and posted on July 26, 1999, in accordance with CEQA. 4. The proposal will, in some cases, enhance development opportunities by providing the "same" city development standards in the area. 5. There has been no significant economic revitalization, development, nor growth in the area since the adoption of the Specific Plan. 6. The proposal to rescind the Casa Loma Specific Plan is in the best interest of the general public. 7. The public necessity, general welfare, and good zoning practices justify the amendment to the Land Use Element of the 2010 General Plan. 8. The proposed amendment to the Land Use Element is consistent with the Metropolitan Bakersfield 2010 General Plan. 9. The proposed amendment to the Land Use Element is compatible with the existing development adjacent to the site. 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, The Negative Declaration for General Plan Amendment P99-0450 is hereby approved and adopted. 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. The City Council hereby approves and adopts General Plan Amendment P99- 0450 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 between East Brundage Land and East Pacheco Road, Mt. Vernon on the east and the majority of parcels with frontage lying on the west side of South Union Avenue on the west. That General Plan Amendment P99-0450, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. 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 NOV 0 $19~:J , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CAT, GC, N, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER N Ol,,.t COUNCILMEMBER CITY CLERK and Ex Officio Clejr~ of the Council of the City of Bakersfield APPROVED NOV 03 1999 MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:k__, ,~.// ~'--'-----~ ~-'" MO\pas October 8, 1999 res\0450 GENERAL PLAN AMENDMENT P99-0450 AREA EXHIBIT .~.