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
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