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HomeMy WebLinkAboutRES NO 186-92RESOLUTION NO. 1~86-92 A RESOLUTION MAKING FINDINGS DENYING ZONE CHANGE NO. 5324 LOCATED AT THE SOUTHWEST CORNER OF WIBLE ROAD AND PANAMA LANE (GPA 2-92, SEGMENT II). WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located at the southwest corner of Panama Lane and Wible Road; and WHEREAS, by Resolution No. 25-92 on June 18, 1992, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve GC (General Commercial) on 15.5 - acres and R-2 (Limited Multiple Family Dwelling) on 14 - acres as delineated on attached Zoning Map #123-26 marked Exhibit "A", by this Council and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from R-1 (One Family Dwelling) to C-2 (Commercial) and R-2 (Limited Multiple Family Dwelling) and the Council has considered said findings and all appear to be true and correct; 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, the Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on April 27, 1992, in accordance with CEQA; and WHEREAS, the general plan designation for this area with the approval of General Plan Amendment 2-92, Segment II would have allowed commercial and residential zoning; and WHEREAS, the decision of the Planning Commission was appealed to the City Council by Douglas Murray, Panama Center Partnership, on Zone Change No. 5324; and OR:G ~h~7.,L 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 Zone Change No. 5324, 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 said hearing the proposed General Plan Amendment 2-92, Segment II failed to receive the four required votes for approval (3-3); and WHEREAS, the zone change was not approved because the General Plan Amendment was denied and the zoning must be consistent with the general plan; and WHEREAS, the applicant requested a reheating on the general plan amendment and zone change; and WHEREAS, at a duly noticed public hearing on WEDNESDAY, SEPTEMBER 16, 1992, the City Council voted not to rehear the proposed general plan amendment and zone change; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The evidence received at the September 16, 1992, public hearing was insufficient to rehear the item. 2. The zone change request is not consistent with the general plan. 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. OR,G 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 ~[P ~ 0 1~ , by the following vote: AYES: COUNCILM£Mg~.~S EDWAROS, DeMOND, SMITH, BRUNNt. P'[~&~J.N. I~tI~:R~I~g'T, ~LVAGGIO NOES; COUNCILMEM$~S ABSENT COUNCILSEMbERS: ~e~o~ ABSTAIN: COUNCILMEMBE~ ~o~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $£P 30 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pit res\r292s2dzc.cc