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HomeMy WebLinkAboutRES NO 76-91RESOLUTION NO. 7 6 - 9 1 A RESOLUTION MAKING FINDINGS AND APPROVING SEGMENT VII OF PROPOSED AMENDMENTTOTHE LAND USE ELEMENT OF TH~ METROPOLITAN BAKERSFIELD 2010 GENEP3tL PLAN (LAND USE AMENDMENT 1-91). WHEREAS, the Council of the City of Bakersfield referred Segment VII of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65353 of the Government Code~ held a public hearings on April 18, 1991, on Segment VII 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 ten (10) calendar days before said hearing by publication in the iBakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment VII of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VII DEBBIE KERWIN, Coleman Company, agent for Thomas M. Coleman, DBA Truxtun Management Corporation, has applied to amend the Land Use Element of the Metropolitan Bakersfield 2010 General Plan consisting of an amendment to a condition of approval of GPA 2-90, Segment III, where such amendment would allow a break/traffic worm in the Bernard Street median at a location 400 +/- to 500 +/- feet east of Mt. Vernon Avenue. and WHEREAS, the project does not have the potential for causing a significant effect on the environment and under the California Environmental Quality Guidelines "general rule" (Section 15061 California Administrative Code) is exempt from the CEQA. 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 the City staff and the Planning Commission; and WHEREAS, by Resolution No. 28-91 on April 18, 1991, the Planning Commission recommended approval and adoption of Segment VII subject to condition, 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, MAY 22, 1991, on the above-described Segment VII 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 an least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation.. 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 findings of the Planning Commission, set forth in Resolution No. 28-91, are true and correct. 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. Public necessity, convenience, general welfare and good planning practices justify the proposed General Plan Amendment. 5. The proposed General compatible with future development development on the project area. Plan Amendment will be in surrounding areas and 6. The City Council hereby approves and adopts Segment VII of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting an amendment to Condition No. 4 as set forth in Ordinance No. 3309, which would allow a traffic worm in the Bernard Street median at a location 400 +/- to 500 +/- feet east of Mt. Vernon Avenue, as shown on the map marked Exhibit "A," attached hereto and incorporated as though fully set forth. 2 7. That Segment VII, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 1-91. .......... o0o .......... I ~EREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 2 2 1991 , by the following vote: AYES: COUNCILMEMBERS: EDWARO$~ ~eMOND, SMITH, BRUNNL PETERSON, McDERMOTT, SALVAGOIO NOES1 COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN COUNCILMEMBERS' CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED MAY 2 2 39'§1 MAYOR of the City of Bakersfield APPROVED as to form:: -LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/meg Attachment Exhibit "A" GPA\ 1-91SEG7.RES 5/14/91 - 3 - GENERAL PLAN AMENDMENT 1'-91, SEGMENT VII EXHIBIT A