HomeMy WebLinkAboutRES NO 53-93RESOLUTION NO~° 5.3 - ~ 3
A RESOLUTION MAKING FINDINGS, RESCINDING
ZONING RESOLUTION NO. 417, OVERTURNING
PLANNING COMMISSION RESOLUTION, APPROVING
NEGATIVE DECLARATION AND ADOPTING SEGMENT
IV OF PROPOSED AMENDMENT TO THE
CIRCULATION ELEMENT OF THE METROPOLITAN
BAKERSFIELD 2010 GENERAL PLAN (CIRCULATION
ELEMENT AMENDMENT 4-92).
WHEREAS, the Planning Commission of the City of Bakersfield, in
accordance with the provisions of Section 65353 of the Government Code, held public
hearings on DECEMBER 17, 1992, JANUARY 7, 1993, JANUARY 21, 1993 and
FEBRUARY 4, 1993, on Segment IV of a proposed amendment to the Circulation
Element of the General Plan, 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
WHEREAS, such Segment IV of the proposed amendment to the
Circulation Element of Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT IV:
TELSTAR ENGINEERING, INC. agent for John Giumarra
Jr., has applied to amend the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan which would
eliminate the "collector" designation of Berkshire Road
between South "H" Street and Wible Road;
and
WHEREAS, for the above-described Segment, 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 with mitigation 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. 5-93 on February 4, 1993, the Planning
Commission recommended disapproval of Segment IV and this Council has fully
considered the findings made by the Planning Commission as set forth in that
Resolution; and
ORIGINAL
WHEREAS, John Giumarra, Jr., filed an appeal in writing to this Council
from the decision of the Planning Commission; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the
provisions of Section Numbers 65354.5 and 65355 of the Government Code, conducted
and held a public hearing on WEDNESDAY, MARCH 24, 1993, on the above described
Segment IV of the proposed amendment to the Circulation 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, at the public hearing of March 24, 1993, the Council of the
City of Bakersfield overturned the Planning Commission's recommendation of
disapproval; and
WHEREAS, at the City Council meeting of April 14, 1993, the Planning
Commission's recommendation of disapproval was overturned by adoption of Zoning
Resolution No. 417; and
WHEREAS, general plan amendments are not zoning matters and must be
approved by resolution and not a zoning resolution; and
WHEREAS, Zoning Resolution No. 417 did not approve General Plan
Amendment 4-92, Segment IV, and such resolution must be rescinded; and
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required public notices have been given.
2. The provisions of CEQA have been followed.
3. The proposed General Plan Amendment will not have a significant
adverse effect on the environment.
4. The proposed General Plan Amendment will be compatible with
existing and future development in surrounding areas and the project area.
5. A zoning resolution is not for the purpose of approving a general plan
amendment.
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
2
ORIGINAL
correct.
adopted.
1. The above recitals and findings, incorporated herein, are true and
2. Zoning Resolution No. 417 is hereby rescinded.
3. The Negative Declaration for Segment IV is hereby approved and
4. The denial of the Planning Commission is hereby overturned.
5. The collector between South "H" and Wible Road is not needed as
Panama Lane and Hosking Avenue provide adequate east-west circulation in the area.
6. The short length of this alignment does not indicate the need for a
collector designation for Berkshire Road.
7. Overpasses over Highway 99 at both Hosking Road and Panama Lane
preclude the need for a third overpass within this section.
8. The City Council hereby approves and adopts Segment IV of the
proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010
General Plan, constituting changes as shown on the map marked Exhibit "B," attached
hereto and incorporated as though fully set forth, for the alignment of Berkshire Road
between South "H" Street and Wible Road.
.......... o0o ..........
1 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the Council of .the Ci~ of Bakersfield at a regular meeting thereof held
MAY 1 2 ~ by the following vote:
AYES: COUNCILMEMBERS~ EDWARDS, DeM~)~D, SMITH, BRUNNI, KANE, McDERMOTT
N~S: COUNCiLMEMbEr,S ~_
A~ENT C~NClLMEM~ERS: Me~ ~
A~TAIN COUNCtLMEM~RS' ~0 ~ ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED ~AY ! 2 1,~3
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of Bakersfield
RD:pjt
May 5, 1993
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OR G~NAL
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GENER,~,L PLAN AMENDMENT 4-92, SEGMENT IV
CIRCULATION ELEMENT ~
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