HomeMy WebLinkAboutRES NO 21-82RESOLUTION NO. 21-82
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE
DECLARATION AND APPROVING IN PART AND DENYING
IN PART SEGMENT X OF PROPOSED AMENDMENT TO
THE LAND USE ELEMENT OF THE BAKERSFIELD
METROPOLITAN AREA GENERAL PLAN (LAND USE
AMENDMENT 3-81).
WHEREAS, the Council of the City of Bakersfield referred
Segment X of a proposed amendment to the Land Use Element of the
Bakersfield Metropolitan Area General Plan to the Planning Commis-
sion; and
WHEREAS, the Planning Commission of the City of Bakers-
field, in accordance with the provisions of Section 65351 of the
Government Code, held a public hearing on December 17, 1981 on
Segment X 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 X of the proposed amendment to
the Land Use Element of the Bakersfield Metropolitan Area General
Plan concerns the following area:
SEGMENT X:
DAVID MILAZZO has applied to change the land
use designation on 3.78 acres located on the
Southeast corner of Ming Avenue and Canter
Way from Low Density Residential to Commercial
on 0.98 acre and to Office on 2.8 acres.
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
provided that mitigation measures are adhered to and a Negative
Declaration including such required mitigation 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 No. 60-80 have been duly
followed by the City staff and the Planning Commission; and
WHEREAS, by Resolution No. 85-81 on December 17, 1981,
the Planning Commission disapproved and denied the designation of
Commercial for the 0.98 acre portion and approved the desig-
nation of Office for the entire 3.78 acre site, subject to P.C.D.
zoning and to strict compliance with the mitigation measures of
the Negative Declaration, and recommended consistent action by
the City Council; 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 February 10, 1982 on
the above-described Segment X of the proposed amendment to the
Land Use Element of the Bakersfield Metropolitan Area General
Plan, notice of the 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.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED as
follows:
1. The above recitals, incorporated herein, are true
and correct.
2. The Negative Declaration for Segment X, including
mitigation measures, is hereby approved and adopted·
3. The report of the Planning Commission, including
maps and all papers relevant thereto, transmitted by the Secretary
of the Planning Commission to the City Council, is hereby received
and accepted.
4. That the City Council hereby disapproves and denies
Segment X of proposed amendment to the Land Use Element, con-
stituting a change from Low Density Residential to Commercial on
0.98 acre and to Office on 2.8 acres located at the Southeast
corner of Ming Avenue and Canter Way, as shown on map, but approves
the designation of Office for the entir~ 3·78 acre site, subject
to P.C.D. zoning and to strict application of the mitigation
measures attached to the Negative Declaration.
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LAND USE ELEMENT AMENDMENT
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!SEGMENT I LOW DENSITY RES.
i TO OFFICE.
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I = 200'