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HomeMy WebLinkAboutRES NO 220-91RESOLUTION NO. :2 2 0 - 9 A RESOLUTION MAKING FINDINGS AND APPROVING PROPOSED AMENDMENT TO THE PARKS ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. 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 THURSDAY, SEPTEMBER 19, 1991, of a proposed amendment to the Parks 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, Policy No. 47 now states "Locate community parks near arterials (I-l, I-3)"; and WHEREAS, the proposed amendment to the Parks Element of the Metropolitan Bakersfield 2010 General Plan was: "Parks Element Policy No. 47: Locate community parks near arterials. Neighborhood parks should be located adjacent to collector or local streets, rather than arterial streets." and WHEREAS, the above-described amendment was found to be exempt under Section 15061(b)(3) CEQA Guidelines; and WHEREAS, the law and regulations relating to the determination of the Notice of Exemption 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 "Locate community parks near arterials. Neighborhood parks should be located adjacent to collector or streets, rather than arterial streets." WHEREAS, by Resolution No. 64-91 on September 19, 1991, the Planning Commission recommended adoption of 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, NOVEMBER 6, 1991, on the above described proposed amendment to the Parks 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 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 proposed amendment is hereby exempt under Section 15061(b)(3) CEQA Guidelines. 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. 4. The City Council hereby adopts the proposed amendment to the Parks Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes to Policy Number 47 to read as follows: "Community parks should be located adjacent to or near arterials. Neighborhood parks should be located adjacent to collector or local streets, rather than arterial streets (I-l, I-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 N 0 ¥ - 6 l~lgl by the following vote: AYES; COUNCILMEMBERS EOWAB~/,~, DeMONO, SMITH, B~UNNI, I~:TEFISoN, McDERMOTT, 8ALVAaGIO NOES; COUNCILMEMBERS: /~SENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' Council of the City of Bakersfield APPROVED. Nov - 6 11}al CLARENCE MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield pjt a:cc.pel.91 Minutes, PC, 9/19/91 Page 27 11. PUBLIC HEARING - PARK ELEMENT 1-91 - SEGMENT I Staff report was waived. Chairman Marino felt in the first line of the requested change it seems to lock the commission into locating community parks near arterials. He encouraged a revision to read as follows: "Encourage community parks near arterials or Community Parks may be located near arterials." Commi-~sioner Bjorn recommended the wording "should be" and "adjacent to or near arterials." Chairman Marino was agreeable to this wording. Public portion of the hearing was opened; no one spoke in opposition. Motion was made by Commix~ioner Bjorn, seconded by Commissioner Powers to adopt resolution making findings set forth in staff report, and approve Park Element Amendment 1-91, Segment I consisting of a text revision to Policy Number 47, with the first sentence revised to read: "Commtlnity parks should be located adjacent to or near arterials.", with the second sentence to remain as it is in the staff report, and recommend ~me to the City Council. Motion carried by the following roll call vote: AYES: Commissioners Anderson, Bjorn, Cohn, Frapwell, Powers, Rosenlieb, Marino NOES: None ABSENT: Commi~ioner Messher 12. GENERAL PLAN CONSISTENCY FINDING (Section 65402 of the Government Code) Commissioner Rosenlieb abstained due to a possibYe' c~noo ~ict of interest in tha~.-~-- her employer may ha~te an ownership interest in,~proper~ within 300 feet. Staff report was given. Motion was made by Commissioner Powers, seconded by Ckommissioner Frapwell to find acquisition of the sclmo. 1 site~ consistent with the generaglflan. Motion carried. Commissioner Rosen l~l~5-~bstained. Commissioner Messher was absent. Minutes, PC, 9/19/91 Page 27 11. PUBLIC HEARING - PARK ELEMENT 1-91 - SEGMENT I Staff report was waived. Chairman Marino felt in the first line of the requested change it seems to lock the commission into locating community parks near arterials. He encouraged a revision to read as follows: "Encourage community parks near arterials or Community Parks may be located near arterials." Commi.~ioner Bjorn recommended the wording "should be" and "adjacent to or near arterials." Chairman Marino was agreeable to this wording. Public portion of the hearing was opened; no one spoke in opposition. Motion was made by Commi-~sioner Bjorn, seconded by Commissioner Powers to adopt resolution making findings set fol~h in staff report, and approve Park Element Amendment 1-91, Segment I consisting of a text revision to Policy Number 47, with the first sentence revised to read: "Community parks should be located adjacent to or near arterials.", with the second sentence to remain as it is in the staff report, and recommend same to the City Council. Motion carried by the following roll call vote: AYES: Commi.~sioners Anderson, Bjorn, Cobh, FrapweiL Powers, Rosenlieb, Marino NOES: None ABSENT: Commi-~ioner Mesaner 12. GENERAL PLAN CONSISTENCY FINDING (Section 65402 of the Commiss/oner Rose~i/eb abstained due to a possibYe conflict of interest in tha~t.~-~ her employer may ha~te an ownership interest f,m, ~ropert~within 300 feet./ Staff report was given. '. Motion was made by Cornmi-~ioner Powers, seconded by (~ommi-~sioner Frapwell to find acquisition of the school site consistent with the gen~erat-pl'an. Motion carried. Commissioner Rosen'~i~b~abstamed. Commissioner Messner was absent.