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HomeMy WebLinkAboutRES NO 48-85RESOLUTION NO. 48-85 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING AND ADOPTING NEGATIVE DECLARATION AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 1-85). WHEREAS, the Council of the City of Bakersfield referred Segment I 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 21, 1985, on Segment I 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 I of the proposed amendment to the Land Use Element of the Hakersfield Metropolitan Area General Plan is as follows: SEGMENT I: A MAJORITY OF PROPERTY OWNERS in the project area have submitted a petition requesting the City Council to amend, and the city Council has initiated the process to amend the General Plan Land Use Element designations from Commercial on 0.3 acres and High Density Residential (17 to 45 dwelling units per gross acre) designation on 10.2 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) for 10.5 total acres located in the general neighborhood of Olive Street between Palm and Bank Streets and the northern two-thirds of Oakbank Road (private street). 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. 35-85 on March 21, 1985, the Planning Commission recommended disapproval and denial of Segment I by this Council 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 April 10, 1985, on the above-described Segment I 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 at least ten (10) calendar days in the Bakersfield Californian, circulation. before the hearing by publication a local newspaper of general NOW, THEREFORE, BE IT RESOLVED, found and determined 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 I is hereby approved and adopted. 3. In view of the opposition to this proposed Land Use Element amendment expressed at the Planning Commission's and Council's hearings thereon, except by those whose properties front Oakbank, and doubt whether the proposed amendment will rectify the problems associated with the Oak Street commercial strip expressed at such hearings, adoption of the amendment as ini- tially proposed is deemed inappropriate. 4. That those whose properties front on Oakbank unani- mously support a change in the land use designation for their pro- perties to Low Density Residential, and the Council finds that such designation is consistent with the single-family residential development on such properties. 5. That Segment I of proposed amendment to the Land Use Element be revised to constitute a change from Commercial on 0.3 acres and High Density Residential (17 to 45 dwelling units per gross acre) on 2.6 acres to Low Density Residential (0.5 to 5.49 dwelling units per gross acre) for 2.9 total acres on the east and west sides of the northern two-thirds of Oakbank Road (private street) located south of Bank Street, as shown on map, and as revised, is hereby approved and adopted. 6. That Segment I, approved herein, be combined with Segments II and III, described in separate resolutions, to form a single Land Use Element Amendment, 1-85. .......... 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 10th day of ADril , 1985, by the following vote: Acting C~T~CLERK and Ex Officio Clerk of the Council of the city of Bakersfield APPROVED this l©th day of April , MAYOR of the City of ~akersfield 1985 APPROVED as to form: CITY ATTQ~dNEY of t~t~e C'ty of Bakersfield AJS/bl R. GP-LA 4. SAUNDERS PARK /NORTH GP2 1-85 SEGMENT COMMERCIAL AND HIGH DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL.