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HomeMy WebLinkAboutRES NO 173-92RESOLUTION NO. 173-92 A RESOLUTION MAKING FINDINGS, UPHOLDING THE PLANNING COMMISSION RECOMMENDATION TO DISAPPROVE SEGMENT III OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (LAND USE ELEMENT AMENDMENT 1-92). 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 March 19, 1992, on Segment III 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 III of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT III: MILAZZO AND ASSOCIATES, agent for Patrick and Alexandra Dunn, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from HMR (High Medium Density Residential, greater than 7.26 and less than or equal to 17.42 dwelling units per net acre) to HC (Highway Commercial) on 11 -+ acres generally located between Columbus Street and State Highway 178 from Wenatchee Avenue to 460 _+ feet west of Loyola Street. 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 ORIGINAL WHEREAS, by Resolution No. 16-92 on March 19, 1992, the Planning Commission recommended disapproval of Segment III and this Council has fully considered the findings 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, JUNE 3, 1992, on the above described Segment III 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 public notices have been given. 2. The provisions of CEQA have been followed. 3. The proposed General Plan Amendment is not compatible with existing and future development in surrounding areas and the project area. 4. The proposed General Plan Amendment is inconsistent with the siting criteria policies of the Metropolitan Bakersfield 2010 General Plan. 5. The high vacancy rates in the surrounding commercial centers clearly indicate that there is no need for additional commercial acreage. 6. Extensive public opposition was established, both written and in public testimony at the public hearing. 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 Planning Commission's recommendation of disapproval for General Plan Amendment 1-92, Segment III is upheld. ORIGINAL 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 S£P 1 6 1992 by the following vote: ~¥ES: COUNC~LMEM~RS: EOWARD$. DeMONO SMITH BRUNNI PETEBSON. McBERMOTT, NOES; COUNCILMEMBERS: ~OVX~ ' ' ' ASSEN~ C0UNCILMEMBERS ~o~ A~TAIN' COUNCILMEMBER$' ~mC~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 6 1992 CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAW~RENC~E' M'~NI' CITY ATTORNEY of the City of Bakersfield res~192s3.cc 3 ORIGINAL EXHIBIT A GENERAL PLAN AMENDMENT 1-92, SEGMENT III ORIGINAL