HomeMy WebLinkAboutRES NO 151-98RESOLUTION NO. I 5 1 ' 9 8
A RESOLUTION MAKING FINDINGS, APPROVING THE
NEGATIVE DECLARATION AND APPROVING THE
PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN.
(GENERAL PLAN AMENDMENT P98-0475).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, held public hearings on
MONDAY', SEPTEMBER 14, 1998, and THURSDAY, SEPTEMBER 17, 1998, which was then
continued to MONDAY, SEPTEMBER 28, 1998, and THURSDAY, OCTOBER 1, 1998, on 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 twenty (20) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the Land Use Element of the
Metropolitan Bakersfield 2010 General Plan is as follows:
General Plan Amendment P98-0475:
Martin - Mcintosh has applied to amend the Land Use Element of
the Metropolitan Bakersfield 2010 General Plan consisting of a
change from LR to OS-P on 2.38 acres and from OS-P to LR on
2.44 acres located south of Chambers Blvd. between Grand
Lakes Avenue and Buena Vista Road, north of Stockdale High
School;
and
WHEREAS, for the above-described amendment, 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 preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 114-98 on October 1, 1998, the Planning
Commission recommended denial of this General Plan Amendment 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
WEDNESDAY, NOVEMBER 4, 1998, on the above described proposed amendment to the
Land Use Element of the Metropolitan Bakersfield 2010 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
WHEREAS, the Council has considered and hereby makes the following
findings:
1. All required notices have been given.
beenfollowed.
The provisions of the California Environmental Quality Act (CEQA) have
3. Based on the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the environment. A Negative
Declaration was advertised and posted on July 27, 1998, in accordance with CEQA.
4. There is an approved Revised Vesting Tentative Tract No. 5290 for the
development of the site.
proposed to serve
The existing location is more centrally located to the people this park was
8. The public necessity, general welfare and good zoning practice do not
justify the relocation of the park site.
7. The geometric's of the proposed park renders some property unusable
from a recreational perspective.
8. The proposed amendment to the Land Use Element is consistent with the
Metropolitan Bakersfield 2010 General Plan.
9. The proposed amendment to the Land Use Element is compatible with
existing development adjacent to the site
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 General Plan Amendment P98-0475 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 approves and adopts the proposed amendment to
the Land Use Element of the Metropolitan Bakersfield 2010 General Plan (known as General
Plan Amendment P98-0475), this includes changing the designation from OS-P to LR on 2.38
acres but not change the LR to OS-P on 2.44 acres as requested, which constitutes changes as
shown on the map marked Exhibit "A", attached hereto and incorporated as though fully set
forth, for property generally located south of Chambers Blvd. between Grand Lakes Avenue and
Buena Vista Road, north of Stockdale High School.
5. That General Plan Amendment P98-0475, approved herein, be combined with
other amendments described in separate resolutions, to form a single Metropolitan Bakersfield
2010 General Plan Amendment.
......... 000 ........
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
ll0¥ 0 4 1~8 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, 1:~9¥~-'~, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
CITY CLERK and Ex Offici~'/Olerk of the
Council of the City of BakersRield
APPROVED NOV 0 ~, 1998
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT SHERFY
CHIEF ASSISTANT CITY ATTORNEY
MO
October 23, 1998
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EXHIBIT A
GENERAL PLAN AMENDMENT
P98-0475
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