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HomeMy WebLinkAboutRES NO 187-92RESOLUTION NO. 187-92 A RESOLUTION MAKING FINDINGS DENYING SEGMENT II OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 2-92). 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 THURSDAY, JUNE 18, 1992, on Segment II 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-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment II of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT II: CUESTA ENGINEERING, INC. 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 15.5 _+ acres and HR (High Density Residential) on 14 -+ acres located at the southwest corner of Wible Road and Panama Lane. 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 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 Resolution No. 107-86 have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 24-92 on June 18, 1992, the Planning Commission recommended approval and adoption of Segment II subject to conditions listed in Exhibit "B" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and ORIGINAL 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, AUGUST 26, 1992, on the above described Segment II of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of tune 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 said hearing the proposed amendment failed to receive the four minimum required votes for approval (3-3); and WHEREAS, the applicant requested a rehearing; and WHEREAS, on WEDNESDAY, SEPTEMBER 16, 1992, the City Council denied the request to reheat this matter; and 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. The recommendation 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 and accepted. 3. The proposed general plan amendment is not adopted. OR)G)NAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by ~I~P -3~011~ by the following vote: AYES; COUNCILME¢,~3ERS EDWARDS, DeMOND, SMITH, BRUNNI, PEcT~.R/~N. ~, SALVAGGIO N~ES; COUNCILME,~IE ERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBEr. CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED _,EEP 3 0 Igg2. CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield p:r292s2d.cc 3 ORIGINAL