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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. AjS:mm (/q' LAND USE ELEMENT AMENDMENT i ' !SEGMENT I LOW DENSITY RES. i TO OFFICE. 3-81i 'Z I = 200'