HomeMy WebLinkAboutRES NO 78-83RESOLUTION NO. 78-83
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD MAKING FINDINGS, DENYING
NEGATIVE DECLARATION AND DENYING APPROVAL
OF SEGMENT I OF PROPOSED AMENDMENT TO
THE LAND USE ELEMENT OF THE BAKERSFIELD
METROPOLITAN AREA GENERAL PLAN (LAND USE
AMENDMENT 1-83).
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 21, 1983 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 the Bakersfield Californian, 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 is described as follows:
SEGMENT I:
KERN CITY GOLF COURSE (by LLM & Associates) has
applied to change the land use designation on
6.1 acres located on the north side of Sundale
Avenue and west of Pebble Beach Drive and the
Kern Civic Association Center from Open Space
to Low Density Residential (2.7 acres) and
Commercial (3.4 acres).
WHEREAS, for the above-described Segment, an Initial Study
was conducted and it was determined from public testimony that
the proposed project may have a significant effect on the
environment, and proceeding on the basis of a Negative Declaration
was denied by the Planning Commission; 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 Cor~nission; and
WHEREAS, by Resolution No. 26-83 on April 21, 1983,
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:
a. The concerns of nearby Kern City residents
as evidenced by 1,].87 signatures on a
petition opposing the proposal on the
basis of blocked views (of the golf course),
potential noise and traffic conditions on a
retirement community.
b. Public testimony that the proposal will
adversely impact Kern City Civic Association
residents in the use of adjacent facilities.
c. The concern evidenced in testimony that the
proposals, if approved, would establish a
precedent whereby further efforts would be
made to encroach upon the golf course with
further adverse visual, noise and traffic
impacts.
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 15, 1983 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
disapproved and denied.
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.
I HEREBY CERTIFY that the foregoing
passed and adopted by the Council of the City
regular meeting thereof held on the 15th day of June,
following vote:
~o~s_~?!:_?i!~'~, ! /r-,~.:-~' ~
Resolution was
of Bakersfield at a
1983, by the
Co~n¢±l of the C±ty of Eakersf±e~d
APPROVED this 15th day of June, 1983
- MAYOR ~.f the City of Bakersfield
APPROVED as to form:
CI Y/~R Y~of .e City of Bakersfield
RJO: mr o
6-10-83
PEBBLE BEACH DRIVE