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
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ORIGINAL
EXHIBIT A
GENERAL PLAN AMENDMENT
1-92, SEGMENT III
ORIGINAL