HomeMy WebLinkAboutRES NO 89-92RESOLUTION NO. 89-92
A RESOLUTION MAKING FINDINGS, AND DENYING
SEGMENT I OF PROPOSED AMENDMENT TO THE
KERN RIVER PLAN ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
(KERN RIVER PLAN 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 Segment I of a proposed amendment to the Kern River Plan 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 I of the proposed amendment to the Kern River
Plan Element of the Metropolitan Bakersfield 2010 General Plan is as follows:
SEGMENT I
CITY OF BAKERSFIELD has applied to amend the Kern
River Plan Element of the Metropolitan Bakersfield 2010
General Plan consisting of the removal of approximately
156 - gross acres of 7.2 (Service Industrial) land from the
Kern River Plan Element for the area generally located north
of the Carrier Canal, north and south of Trnxtun Avenue,
west of Oak Street and east of Mohawk Street. Existing 2010
General Plan land use designation of General Commercial to
remain and become the land use designation upon removal
of the Kern River Plan designation.
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. 13-92 on March 19, 1992, the Planning
Commission recommended approval and adoption of Segment I and this Council has
fully considered the findings made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, on May 4, 1992, in compliance with the policies of the Kern
River Plan, the Kern County Board of Supervisors heard the City's proposed amendment
to the Kern River Plan; and
WHEREAS, upon a recommendation by County staff, the Board did, on
May 18, 1992, deny the City's request to exclude this property from the plan based on
the area's proximity to the Kern River Parkway and the importance of the area to the
Kern River Plan; and
WHEREAS, on May 18, 1992, the Board of Supervisors considered a
request to amend the existing land use designation of 7.2 (Service Industrial) on the
property to a commercial designation, a reasonable alternative to the City's proposal;
and
WHEREAS, in conformance with the Board's decision, Segment I to the
Kern River Plan Element is referred back to Planning Commission for consideration;
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 I of the
proposed amendment to the Kern River Plan 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 project area is within close proximity to the Kern River Floodway
and should remain under the goals and policies of the Kern River Plan Element.
3. The provisions of CEQA have been followed.
4. Public necessity, convenience, general welfare and good planning
practice justify denying the proposed General Plan Amendment.
ORIGINAL
NOW, THEREFORE, BE IT RESOLVED and found by the Council of the
City of Bakersfield as follows:
correct.
1. The above recitals and findings, incorporated herein, are true and
2. The report 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 City Council hereby denies Segment I of the proposed amendment
to the Kern River Plan Element of the Metropolitan Bakersfield 2010 General Plan, for
property generally located north of the Carrier Canal, north and south of Truxtun
Avenue, west of Oak Street and east of Mohawk Street.
3
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
JUN 0 3 1992 by the following vote:
AYES; (~OUNCILMEMBER$: 'Et~, OeMOND, SMITH. BRUNNL P~RBON~ Mt',OERMOTT; SALVAS~I~
NOES: COUNCILMEMBERS: ~' __ ......
ABSENT COYNClLMEMBERS.~~'~ ........
ABSTAIN: COUNCtLMEUBERS'N~ ....
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED J U N 0 3 lgg~
MAYOR of the City of Bakersfield
APPROVED as to form:
LAWRENCE M. LL~'I~ARI~I~I
CITY ATTORNEY of the City of Bakersfield
MS:pit
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4
OR;GIt~AL
I I
GENERAL PLAN AMENDMENT
KERN RIVER PLAN ELEMENT
1-92, SEGMENT I
ROSEDALE HIGHWAY
215-1'
7,2.
8.5/2.5
i I i I i I I
[111
2010 GC
2.5 FLOOD HAZARD
PLIBUC &: PRIVATE RECREATION AREAS
MAJOR COMMERCIAL
7.2 SERVICE INDUSTRIAL
RESOURCE MANAGEMENT
2010 DESIGNATION
LEGEND
T29S, R27E GCGENERAL COMMERCIAL.
?
OR;GIt~AL
19219
8.1
......... ,~ ^ oT~,Tr~_ ~r:~,T~O AT PT aN ~MI~NDMF. NT 1-92; SEGMENT I
Commissioner Anderson abstained from hearing this item due to a possible
conflict of interest in that his firm has provided services to an adjoining land
owner.
Staff report was given.
Public portion of the hearing was opened; no one spoke on this item.
Public portion of the hearing was closed.
Commissioner Rosenlieb stated she was glad to see this clean up. Regarding the
existing zoning map Mr. Grady said staff would initiate a change of zoning for the
lower right hand corner for the M-2 zoning.
Motion was made by Commissioner Rosenlieb, seconded by Commissioner
Powers to adopt resolution making findings approving the Negative Declaration
and approving GPA LUE 1-92, Segment I, consisting of an amendment to the
Land Use Element from LR (Low Density Residential) to HR (High Density
Residential) on 10.51 +/- acres, subject to the condition of approval listed below,
and recommend same to City Council.
The maximum number of dwelling units allowed on site #2 (R-3 zoned
property at the southeast corner of Mondavi Way and Brimhall Road)
shall not exceed 114 units.
Motion carried by the following roll call vote:
AYES:
Commissioners Bjorn, Cohn, Messner, Powers, Rosenlieb,
Marino
NOES: None
ABSTAINED: Commissioner Anderson