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HomeMy WebLinkAboutRES NO 39-86RESOLUTION NO. 39-86 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND DENYING SEGMENT II OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 1-86). 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 Bakersfield, in accordance with the provisions of Section 65351 of the Government Code, held a public hearing on March 20, 1986, 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 pub- lication 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: SEQUOIA ENGINEERING has applied to amend the Bakersfield Metropolitan Avenue General Plan Land Use Element designation for one parcel located at the southwest corner of Columbus and Wenatchee Avenues, to redesignate 11.36 acres from Low Density Residential to Commercial. 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 prepa- ration and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 132-83 have been duly fol- lowed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 28-86 on March 20, 1986, the Planning Commission recommended approval and adoption of Segment II by this Council, subject to P.C.D. zoning, 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 May 7, 1986, 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 hearing having been given an least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general cir- culation; and WHEREAS, prior to close of the Planning Commission hearing, the applicant proposed a condition that the project site be subject to P.C.D. zoning, which condition addresses and miti- gates concerns addressed by the Planning Commission during said hearing; and WHEREAS, at the conclusion of the hearing before the Council, the Council determined that the proposed change of land use designation and the proposed development of the property are incompatible with the residential character of adjacent properties. 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 II 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. 4. The City Council. hereby denies, for the reason set forth above, Segment II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan. .......... o0o .......... 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 the 7th day of May , 1986, by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 7th day of May , MAYOR of the City of BaCkfield 1986 APPROVED as to form: I TY/~A~OR/NE~Y~o f/~t h e -- ' City of Bakersfield AJS/bl 5 R.SEGII-1 3 I~ORTH GPA -I-8§ SEGMENT Tr LOW DENSITY RESIDENTIAL ___COMMERCIAL TO