HomeMy WebLinkAboutRES NO 079-05RESOLUTION NO. 0 I~ g :'01~
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND DISAPPROVING THE GENERAL PLAN
AMENDMENT NO. 04-0838 AN AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN, AT 1909 MAPLE AVENUE.
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 MONDAY,
DECEMBER 6, 2004, and on THURSDAY, DECEMBER 16, 2004, on General Plan Amendment No.
04-0838 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan, notice of the time and place of hearing having been given at least twenty (20)
calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of
general cimulation; and
WHEREAS, General Plan Amendment 04-0838 an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment 04-0838:
City of Bakersfield for Infinity Development L.L.C., the property owners, applied to
amend the Land Use Element of the Metropolitan Bakersfield General Plan
consisting of changes to the Land Use designation from LR (Low Density
Residential) to HMR (High Medium Density Residential) at 1909 Maple Street; and
WHEREAS, for the above-described segment, it was determined that the proposed project is
exempt from CEQA by general rule and an environmental document is not required in accordance
with the California Environmental Quality Act (CEQA) section 15061 (b) (3); and
WHEREAS, the Council has considered and hereby makes the following findings:
1. All required notices have been given.
The provisions of CEQA have been followed.
The public necessity, general welfare and good planning practices do not justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan.
The amendment to change the Land Use designation to HMR (High Medium Density
Residential) is inconsistent with the Metropolitan Bakersfield General Plan~
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as follows:
1 ) The above recitals incorporated herein and findings are true and correct.
2)
The General Plan Amendment No. 04-0838 is hereby disapproved as recommended
by staff to HMR (High Medium Density Residential) and a notice of exemption has
been filed.
3)
4)
That property owners in the area expressed concerns regarding the proposal.
As to General Plan Amendment No. 04-0838 the recommended amendment to the
Land Use Element of the Metropolitan Bakersfield General Plan, consisting of
changes to the land use designations from LR (Low Density Residential) to HMR
(High Medium Density Residential) shown on attached map in Exhibit 1, located at
1909 Maple Street, the City Council hereby recommends disapproval of such Land
Use Element Amendment of the Metropolitan Bakersfield General Plan.
of
NOES:
ABSTAIN:
ABSENT:
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council
the City of Bakersfield at a regular meeting thereof held on
~/~R ~ _/I _~_tl~ by the following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attomey
S:\GPA 4th 2004\04-0838\cc res.doc
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