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HomeMy WebLinkAboutRES NO 19-82RESOLUTION NO. 19-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND DISAPPROVING AND DENYING SEGMENT VIII 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 VIII of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General P~an to the Planning Commission; 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 VIII 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 VIII of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan concerns the following area: SEGMENT VIII: MORELAND ENGINEERING, INC. has applied to change the land use designation on 1.37 acres located on the South side of Pacheco Road, between South "H" Street and Jonah Street, from Low Density Residential to Commercial. 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 a mitigation measure is 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. 83-81 on December 17, 1981, the Planning Commission disapproved and recommended denial by the City Council of the above-described Segment VIII; 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 VIII 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 VIII, including a mitigation measure, 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 VIII of the proposed amendment to the Land Use Element, constituting a change from Low Density Residential to Commercial on 1.37 acres located on the South side of Pacheco Road, between South "H" Street and Jonah Street, as shown on map, based upon the facts and analysis contained in the staff report, comments made during the public hearing, and the following policies of the Bakersfield Metropolitan Area General Plan Land USe ~leme~:" ' a. The quality of existing residential neighborhoods should be preserved and enhanced. b. Commercial districts should be separated from residential districts. Commercial areas should be compact, rather than stretched along major arterials. Proper orientation and design of com- mercial developments should eliminate congestion and encourage stable land values. 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 10th day of February, 1982, by the following vote: A~I~: COUNCILMEN: BARTON, OtRISTENSEN, MC-AMS, PAYNE, PATTY, ROCKOFF, STRONG NOES: COUNCILMEN: ~"J4N ABSENT, COUNCILMEN: ~ I ~ ABSTAINING, COUNCILMEN: ~ CIT of the Council of the City of Bakersfield ~PP~ED th'is'~;~O~J~ day of February, 1982 APPROVED as to form: AJS:mm 3. P,~ C kf EC 0 R-I R-2 -D R-i REQUEST FOR AMENDMENT TO THE LAND USE ELEMENT DE THE GENERAL PLAN 3-81 SEGMENT ~2~::E. LOW DENSITY RESIDENTIAL TO COMMERCSAL. PLANNING COMMISSION RECOMMENDATION- DENIAL