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HomeMy WebLinkAboutRES NO 50-82RESOLUTION NO. 50-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING'NEGATIVE DECLARATION AND DISAPPROVING AND DENYING SEGMENT I OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 1-82). 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 April 15, 1982 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 a local newspaper of general circulation; and WHEREAS, such Segment I of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerns the following area: SEGMENT I: SAN JOAQUIN DEVELOPMENT, INC. has applied to change the Low Density Residential designation to Commercial for 1.43 acres of land located at the Northwest corner of Berkshire Road and South "H" Street; and 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 preparation and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution 60-80 have been duly followed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 23-82 on April 15, 1982, the Planning Commission disapproved and denied Segment I of the proposed amendment and recommended disapproval and denial of the proposed amendment by this Council, based upon the analysis contained in the staff report and the following findings: and The site is outside the City of Bakersfield and City annexation policy has not been determined nor have plans and programs been formulated for extending urban services and utilities necessary for residential development required for the proposed commercial service use. Adequate retail commercial zoning exists within the City of Bakersfield less than one mile from the proposal for the pro- Jjected service area population; 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 19, 1982 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 before the hearing by publication in the Bakersfield Californian, a newspaper of general circulation. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED 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. 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 disapproves and denies Segment I 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 19th day of May, 1982, by the following vote: AYES: COUNCILMEN: BARTON, CHRISTENSEN, MEANS, PAYNE, RATTY, ROCKOFF, STRONG NOES: COUNCILMEN: /~0"~, (I ABSENT: COUNCILMEN: ~ !) r - ABSTAINING: COUNCILMEN: J~ ~ CITY '~x~f Council of the City of Bakersfield Bakersfield the AJS:mm 3.