HomeMy WebLinkAboutRES NO 59-89RESOLUTION NO. 59-89
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, DENYING NEGATIVE
DECLARATION AND DENYING SEGMENT II OF PRO-
POSED AMENDMENT TO THE LAND USE ELEMENT OF THE
BAKERSFIELD METROPOLITAN AREA GENERAL PLAN
(LAND USE AMENDMENT 1-89).
WHEREAS, the Council of the City of Bakersfield referred
Segment II of a proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan to the Planning
Commission; and
WHEREAS, the Planning Commission of the City of Bakers-
field, in accordance with the provisions of Section 65353 of the
Government Code, held a public hearing on December 15, 1988,
March 16, 1989, and April 20, 1989 on Segment II 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 Bakersfield
Californian, a local newspaper of general circulation; and
WHEREAS, such Segment II of the proposed amendment to the
Land Use Element of the Bakersfield Metropolitan Area General
Plan is as follows:
SEGMENT II
MATRIX LAND DEVELOPMENT proposes to amend the
General Plan for a 19.53 acre site located at
at the southeast corner of Highway 178 and
Fairfax Road. The proposal includes 4.5 acres
of Commercial, 1.94 acres of Office and 13.01
acres of High Density Residential;
and
WHEREAS, for the above-described Segment, an Initial
study was conducted, and it was determined that insufficient
information was provided to justify a Negative Declaration; and
WHEREAS, %he law and regulations relating to the prepa-
ration and adoption of Negative Declarations as set forth in CEQA
and City of Bakersfield Resolution No. 107-86 have been duly fol-
lowed by the City staff and the Planning Commission; and
WHEREAS, b~ Resolution No. 18-89 on April 20, 1989, the
Planning Commission recommended denial of Segment II by this
Council and this Council has fully considered the findings made
by the Planning Co~m~ission 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 17,
1989, on the above-described Segment II of the proposed amendment
to the Land Use Element of the Bakersfield Metropolitan Area
General Plan, notice of time and place of the heariag having been
given an least ten (10) calendar days before the hearing by pub-
lication 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 report of the Planning Commission, including
maps and all reports and papers relevant thereto, transmitted
the Secretary of the Planning Commission to the City Council,
hereby received, accepted and approved.
by
is
3. Public notices have been published and distributed
in accordance with CEQA requirements.
4. An Initial Study was proposed, noticed and distrib-
uted for Segment II of the proposed land use element. Information
regarding traffic, noise, site and architectural compatibility
and commercial market analysis was insufficient to justify a
Negative Declaration.
5. The p[oject may have a significant adverse effect on
the environment an6 a Negative Declaration for Segment II is
hereby denied.
6. Public necessity, convenience, general welfare and
good planning practice do not justify the proposed General Plan
Amendment.
7. Proposed General Plan Amendment will not be compati-
ble with future development in surrounding areas.
8. Segment II of proposed Land Use Element Amendment
1-89 is hereby denied.
.......... 000 ..........
- 2 -
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 on May 17, 19RQ , by the
following vote:
AYES: COUNCILMEMBERS: ~ DeM()NL). SMITH, RATrY~ PETERSON. McOERMOTr ~ALVAG~10
NOES: COUNCILMEMBERS: _Peterson
&~TAINING: COUNCILMEMBERS: NQ~ . . , --', .... ' ~
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
CLARENCE E. MEDDERS
MAYOR of the City of
May 17. 1989
Bakersfield
APPROVED as to form:
CIT~/70RN~,,~f the City of Bakersfield
AJS/meg
G GPA 4
1-89SEG2.l
5/09/89
- 3 -