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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 p:rkr192sl.cc 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