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Home My WebLink AboutRES NO 88-92RESOLUTION NO. 88-92 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT I 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 I 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 I of the proposed amendment to the Land Use Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT I CITY OF BAKERSFIELD has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of a change from LR (Low Density Residential) to HR (High Density Residential) on two parcels totalling 10.51 acres at the southwest corner of River Ranch Drive and Brimhall Road, and the southeast corner of Brimhall Road and Mondavi Way; 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 ORK~It4AL WHEREAS, by Resolution No. 15-92 on MARCH 19, 1992, the Planning Commission recommended approval and adoption of Segment I subject to the condition that the maximum number of dwelling units allowed on the site at the southeast corner of Mondavi Way and Brimhall Road shall not exceed 114 units 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 I of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, notice of tune 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 given. 3. The proposed General Plan Amendment will not have a significant adverse effect on the environment. 4. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amendment. 5. The proposed General Plan Amendment will be compatible with existing and future development in surrounding areas and the project area. 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 Negative Declaration for Segment I is hereby approved and adopted. 3. 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, accepted and approved. 2 OR;GINAL 4. The City Council hereby approves and adopts Segment I of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A," attached hereto and incorporated as though fully set forth, for properties generally located south of Brimhall Road between River Ranch Drive and Mondavi Way, subject to the following condition of approval: The maximum number of dwelling units allowed on the site at the southeast corner of Mondavi Way and Brimhall Road shall not exceed 114 units. 5. That Segment I, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-92. 3 OR;G$1AL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held 3 u ~1 0 3 t~! by the following vote: AYES. COI.INCILM~MBER$: [4Yfi~qO~, DeMOND, SMITH, BRUNNI. PETERSON, MCDERMOT1, g~LVAGGIO NOES: COUNCILMEMbERS: ~ . ' .... ABSENT COUNC~LMEMBERS:~~'~ ..... ~STAIN: COUNCILMEMSERS~O~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED. J U N 0 3 t992 MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDIN~ CITY ATTORNEY of the City of Bakersfield pjt p:r192sl.cc 4 OR;GiINAL GENERAL PLAN AMENDMENT 1-92, SEGMENT I Minutes, PC, 3/19/92 Page 5 6.3 PUBLIC 8.1 5605 Staff report was Public portion of the was opened; no one spoke in opposition or in favor. Greg Gibbons represented t all conditions of approval. applicant. He stated he was in concurrence with Public portion of the hearin osed. Motion was made by Commissioner to approve and adopt the Ne the staff report, and to approve conditions outlined in the Exhibit "A" inclusion of the March 18, 1992 memo seconded by Commissioner Messner to make all findings set forth in Tentative Tract 5605, subject to the to the staff report, with the the Parks Division. Motion carried. PUBLIC HEARING - GENERAL PLAN AMENDMENT 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 heating 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 adtpt 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. OR~G:NAL Minutes, PC, 3/19/92 Page 6 8.2 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: NOES: ABSTAINED: Commissioners Bjorn, Cohn, Messner, Powers, Rosenlieb, Marino None Commissioner Anderson HEARING - GENERAL PLAN AMENDMENT 1-92, SEGMENT III CHANGE #5282 Comnl are client~ Bjorn abstained due to a conflict of interest in that the applicants law firm. Commissioner are abstained from hearing this item because the applicants e chose not to participate. Staff report was given. Chairman process for those present. Public portion of the hearing Robert No~vood, 2803 Loyola spoke for more vacant buildings which seem buildings attract graffiti, indi another theater being constructed since He felt increased traffic, noise and vehicle development will invite property devaluation. He residential development to be proposed. He said and does not fit in with the neighborhood. he is concerned about the potential a over abundance, because vacant He was concerned about s marginal at the existing one. was a given. This he is waiting for a is not welcome *Commissioner Frapwell was seated at this time. OR;G:gAL