HomeMy WebLinkAboutRES NO 154-06
RESOLUTION NO.
154';OW
RESOLUTION MAKING FINDINGS, ADOPTING
PROPOSED AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD
GENERAL PLAN RELATIVE TO URBAN DECAY
STUDIES (GPA 05-1135).
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, April 3, 2006, and THURSDAY, April 6, 2006 on General Plan Amendment No. 05-
1135 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield
General Plan relative to urban decay studies, 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 General Plan Amendment No. 05-1135 of the proposed
amendment to the Metropolitan Bakersfield General Plan is as follows:
General Plan Amendment No. 05-1135
A proposed text amendment to the land Use Element of
the Metropolitan Bakersfield General Plan related to urban
decay studies.
WHEREAS, for the above-described segment, staff determined that the
proposed project is exempt from the provisions of the California Environmental Quality Act
(CEQA), pursuant to Section 15061 (b)(3) of the State CEQA Guidelines, and a Notice of
Exemption was prepared on March 7, 2006, in accordance with CEQA, to be posted following
Council approval; and
WHEREAS, the law and regulations relating to environmental review as set forth
in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed
by the city staff and the Planning Commission; and
WHEREAS, by Resolution No. 79-06 on April 6, 2006, the Planning Commission
recommended approval and adoption of General Plan Amendment No. 05-1135, constituting
those text amendments contained in Exhibit "A," and this Council has fully considered the
finding 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
WEDNESDAY, May 24, 2006 on the above described General Plan Amendment No. 05-1135
of the proposed amendment to the land Use Element of the Metropolitan Bakersfield General
Plan, notice of time and place of the hearing having been given at least ten (10) calendar days
before the hearing by publication in The Bakersfield Californian, a local newspaper of general
circulation; and
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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 Notice of Exemption for General Plan Amendment No. 05-1135 is hereby approved
and adopted.
3. The proposal is consistent with applicable general policies of the Metropolitan
Bakersfield General Plan.
4. 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.
5. The City Council hereby approves and adopts General Plan Amendment No. 05-1135 of
the proposed amendment to the Metropolitan Bakersfield General Plan, constituting
those text amendments contained in Exhibit "A."
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by
the Council of the City of BakerSfie,ld at a regular meeting t,hereof held on ,MlIJ Z006
by the following vote: ,
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~ COUNCILMEMBER COUCH. CARSON, BENHAM. MAGGARD. HANSON. SULLIVAN. SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT COUNCILMEMBER ('., . A_ IJ.,..~
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
MAY 24 2000
HARVEY . HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By IU<4 'fl'. ~
Exhibit A - Text Amendments
By CKane /S:\GPA 1st 2006\05-1135\CCIRGPA. CC.DOC
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Exhibit A
Text Amendments
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EXHIBIT "A"
GENERAL PLAN AMENDMENT 05-1135: PROPOSED LAND USE ELEMENT TEXT AMENDMENTS
POLICIES
30. A. Require new large retail commercial development projects to evaluate urban decay impacts on
existing commercial uses as set forth in the implementation measures (1-18,1-19,1-20, and 1-21).
IMPLEMENTATION
18. Require an Urban Decay Study for a retail commercial shopping center proposed or estimated to
be over 250,000 square feet Gross leasable Area (GLA) in size.
19. Require an Urban Decay Study for a retail store that will occupy more than 90,000 square feet
Gross leasable Area (GLA) and twenty percent (20%) or more of the GLA is devoted to the sale
of non-taxable merchandise.
20. At time of site plan review, if an Urban Decay Study has not yet been prepared and a project
meets or exceeds one of the thresholds listed above or additional or new information would make
preparation of a new or revised Urban Decay Study prudent, an Urban Decay Study shall be
prepared. Phased submittal of a PCD plan will require that assumptions regarding the total size,
Gross leasable Area, of the project at complete buildout be made to enable the City to determine
the need for an Urban Decay Study.
21. If an Urban Decay Study has not been submitted, the City shall require a PCD or PCD Combining
zone on all commercial projects over 20 acres in size. Retail Commercial designations within
specific plan areas are exempt from the PCD requirement.
C:IDOCUME-llkfickILOCALS-IITempIExh A proposed texC l.doc
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