HomeMy WebLinkAboutRES NO 40-81 RESOLUTION NO. 40-81
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, ADOPTING NEGATIVE
DECLARATION AND DISAPPROVING AND DENYING
SEGMENT IV OF PROPOSED AMENDMENT TO THE LAND
USE ELEMENT OF THE BAKERSFIELD METROPOLITAN
AREA GENERAL PLAN (LAND USE AMENDMENT 1-81).
WHEREAS, the Council of the City of Bakersfield referred
Segment IV 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 Bakersfield,
in accordance with the provisions of Section 65351 of the Government
Code, held a continued public hearing on April 16, 1981, on
Segment IV 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) days before said hearing by publication
in a local newspaper of general circulation; and
WHEREAS, such Segment IV of the proposed amendment to
the Land Use Element of the Bakersfield Metropolitan Area General
Plan concerns the following area:
SEGMENT IV:
AL SAROYAN, JR. (by CORNERSTONE ENGINEERING,
INC.) has applied to change the land use
designation on approximately 8.2 acres
located at the Southeast corner of Fairfax
Road and State Highway 178 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
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.
WHEREAS, by Resolution No. 24-81 on May 7, 1981, the
Planning Commission approved and recommended adoption by the City
Council of the above-described Segment IV; 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 June 24, 1981, on
the above-described Segment IV 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 local newspaper of general
circulation.
NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS
FOLLOWS:
and correct.
2.
The above recitals, incorporated herein, are true
The Negative Declaration for Segment IV 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 IV of proposed amendment to the Land Use Element,
constituting a change from Low Density Residential to Commercial
on approximately 8.2 acres located at the Southeast corner of
Fairfax Road and State Highway 178, as shown on map, based upon
testimony and comments received during the public hearing on the
Segment and the following policies of the Bakersfield Metropolitan
Area General Plan Land Use Element:
a. A Commercial development. should be related
in size, location and character to the area
it is intended to serve. A definite need
should be demonstrated for all proposed
shopping facilities.
b. Commercial designations should be separate
from residential and industrial designations.
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 24th day of June, 1981, by the
following vote:
AYES: COUNCILMEN: BARTON, CHR1STEN3EN, MEANS, PAYNE, RATTY, ROCKOFF, STRON~,
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CITY . E k of the
Council of the City of Bakersfield