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 .~.