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Home My WebLink AboutRES NO 022-02RESOLUTION NO. 0'22- 0 2 RESOLUTION MAKING FINDINGS, APPROVING NOTICE OF EXEMPTION AND ADOPTING PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN. WHEREAS, the Ptanning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, DECEMBER 17, 2001 and THURSDAY, DECEMBER 20, 2001 on GENERAL PLAN AMENDMENT P01-0684 of a proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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 General Plan Amendment P01-0684 proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P01-0684: Kyle Carter Homes is requesting a General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from OS-P (Open Space and Recreational Facilities) to LMR (Low Medium Density Residential). Site sizes are 6,479 and 20,685 square feet. The 6,479 square foot site is located approximately 900 feet south of Olive Drive (extended), approximately 250 feet east of the Friant-Kern Canal and approximately 1,000 west of Riverlakes Drive. The 20,685 square foot site is located approximately 350 feet south of Olive Drive (extended), approximately 600 feet east of the Friant-Kern Canal and approximately 850 feet west of Riverlakes Drive. WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Notice of Exemption was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Notices of Exemption as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 155-01 on December 20, 2001, the Planning Commission recommended approval and adoption of General Plan Amendment P01-0684 subject to conditions, mitigation measures listed in Exhibit "1" and this Council has fully considered the finding made by the Planning Commission as set forth in that Resolution; 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 WEDNESDAY, February 6, 2001, on the above described General Plan Amendment P01-0684 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 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; and WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. The overall project would allow two undeveloped sites of the Riverlakes Ranch golf course to be added to the adjacent Metropolitan Bakersfield 2010 General Plan LMR (Low Medium Density Residential) land use designation, the Riverlakes Ranch Specific Plan LMR (Low Medium Density Residential) land use designation and the R-2 (Limited Multiple- Family Dwelling) zoning for residential development. The proposed project will not have a significant effect on the environment and subsequent to CEQA, General Rule, Section 15061 (b)(3)"Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the recommended amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. The Notice of Exemption as shown on Exhibit "3", attached hereto and incorporated as though fully set forth for General Plan Amendment P01-0684 is hereby approved and adopted. 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. The City Council hereby approves and adopts General Plan Amendment P01-0684 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "2", attached hereto and incorporated as though fully set fodh subject to conditions of approval shown on Exhibit "1". The 6,479 square foot site is generally located approximately 900 feet south of Olive Drive (extended), approximately 250 feet east of the Friant-Kern Canal and approximately 1,000 west of Riverlakes Drive. The 20,685 square foot site is generally located approximately 350 feet south of Olive Drive (extended), approximately 600 feet east of the Friant-Kern Canal and approximately 850 feet west of Riverlakes Drive. File the Notice of Exemption. The Planning Division of the Development Services Department is hereby directed to file a Notice of Exemption with the County Clerk of Kern County, pursuant to the provisions of Section 21152 of the Public Resources Code and Section Numbers 15062 and 15094 of the State CEQA Guidelines adopted pursuant thereto. That General Plan Amendment P01-0684, approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... 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 ~'~ ~ ?002 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON1 .~,UL'?.?.rq, SALVAGGIO COUNCILMEMBER ~ O ~..~,~-..,, COUNCILMEMBER i"q r) IF~ ~ COUNCILMEMBER~ CITY CLERK and Ex Officio C[~'k of the Council of the City of Bakersfield APPROVED FEB G ZOO'Z MAYOR of the City of Bakersfield APPROVED AS TO FORM: BART J. THILTGEN City A~or~/~, By: ~/~e.~. ~ RED:dl Januar~ 1§, 2002 s;\DOLE\P01-0~84\ GG GP^R.wpd 4 EXHIBIT "1" Conditions General Plan Amendment/Specific Plan Amendment/Zone Change P01-0684 Public Works 1. Lot Line Adjustment P01-0348 must be completed prior to any development of the area covered by this GPA/ZC. 2. Standard adopted Traffic impact Fees shall apply to the area covered by this G PNZC. RED S:~Dole~O01-0684~PW ConditJons.wpd November 15. 2001 (12:46pm) EXHIBIT "2" GENERAL PLAN AMENDMENT RIVERLAKE RANCH SPECIFIC PLAN AMENDMENT P01-0684 18 !8 17 > TO LMR = TO LMR OLIVE DRIVE T29S, R27E NOTICE OF EXEMPTION EHXIBIT 3 TO: Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 County Clerk County of Kern 1115 Truxtun Avenue Bakersfield, CA 93301 Project Title: General Plan AmendmentJRivedakes Ranch Specific Plan Amendment P01-0684 Project Location-Specific: Subject sites are generallylocated south of Olive Drive (extended), north of Hageman Road, west of Rivedakes Ddve and east of the Friant-Kern Canal. Project Location-City: Bakersfield Project Location-County: Kern Description of Project: General Plan Amendment/Rivedakes Ranch Specific Plan Amendment P01-0648 A General Plan Amendment to the Land Use Element of the Metropolitan Bakersfield General Plan changing the land use designation from OS-P (Open Space - Parks and Recreational Facilities) to LMR (Low Medium Density Residential) and an amendment to the Riverlakes Ranch Specific Plan from OS-P to LMR, on two sites consisting of .62 acre (27,164 square feet). Site sizes are 6,479 and 20,685 square feet. The 6,479 square foot site is located approximately 900 feet south of Olive Drive (extended), approximately 250 feet east of the Friant-Kern Canal and approximately 1,100 west of Riverlakes Drive. The 20,685 square foot site is located approximately 350 feet south of Olive Drive (extended), approximately 600 feet east of the Friant-Kern Canal and approximately 850 feet west of Riverlakes Drive. ~lame of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Pinnacle Engineering Exempt Status: Ministerial (Sec.21080(b)(1); 15268)); -- Declared Emergency (Sec.21080(b)(3); 15269(a)); -- Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); -- Categorical Exemption. State type and section number. -- Statutory Exemptions. State section number. -~ Project is exempt from CEQA pursuant to CEQA, General Rule, Section 15061(b) (3). Reasons why project Is exempt: The project consists of minor adjustments to land use designations of the General Plan and Riverlakes Ranch Specific Plan and zoning districts (see Description of Project). Existing land use designations of the general plan, specific plan and zoning districts will not be changed. Only a minor area of land will undergo a change in land use designations. This project site is presently designated for residential and golf course development. The golf course presently exists. The portion of vacant land designated for open space and left over from golf course development will be added to land designated as LMR and zoned R-2. Lead Agency: Contact Person: Richard Dole, Area CedeFrelephone/Extension:~-- If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Signature: ~~--~°'~ Date'~O//, ~ o~/ Title: Associate Planner x Signed by Lead Agency _~ Signed by Applicant Date received for filing at OPR: RED S:~Dole~PO1-O684~PA SPA NOE.wlxl Janua~/7. 2002 (12:08pm) 100901