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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 -