Loading...
HomeMy WebLinkAboutRES NO 147-03RESOLUTION RESOLUTION MAKING FINDINGS, APPROVING NOTICE OF EXEMPTION AND ADOPTING OF PROPOSED AMENDMENT TO THE RIVERLAKES RANCH SPECIFIC PLAN AND THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on MONDAY, JUNE 16, 2003, and THURSDAY, JUNE 19, 2003 on General Plan AmendmentJRiverlakes Ranch Specifc Plan 03-0339 of a proposed amendment to the Land Use Element of the General Plan and the Riverlakes Ranch Specific 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 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment/Riverlakes Ranch Specifc Plan 03-0339 Kyle Carter Homes is requesting a General Plan Amendment from changing the land use designation from OS-P (Open Space-Parks and Recreation) to LMR (Low Medium Density Residential) on 9,941 square feet and from LMR to OS-P on 2,695 square feet; an amendment to the Riverlakes Ranch Specific Plan changing the land use designation from OS-P to LMR on 9,941 square feet and from LMR to OS-P on 2,695 square feet for property generally located approximately 200 feet south of the Olive Drive - Via Tevere Street intersection; WHEREAS, for the above-described project, staff determined that the proposed project is exempt from the California Environmental Quality Act and 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 Notice Of Exemptions 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. 98-03 on June 19, 2003, the Planning Commission recommended approval and adoption of General Plan AmendmentJRiverlakes Ranch Specifc Plan 03-0339, and this Council has fully considered the findings 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, July 30, 2003 on the above described General Plan AmendmentJRiverlakes Ranch Specifc Plan 03-0339 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan and the Riverlakes Ranch Specific 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: All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. 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." A Notice Of Exemption from the California Environmental Quality Act has been prepared. 5. The proposed project is consistent with the surrounding land uses. 6. The proposed project is consistent with the Riverlakes Ranch Specific Plan. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The public necessity, general welfare and good planning practices justify the recommended amendment to the Land Use Element of the Metropolitan Bakersfield General Plan and the Riverlakes Ranch Specific 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 for General Plan Amendment/Riverlakes Ranch Specifc Plan 03-0339 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/Riverlakes Ranch Specifc Plan 03-0339 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan and the Riverlakes Ranch Specific Plan, constituting changes as shown on the map marked Exhibit "1", attached hereto and incorporated as though fully set forth, for property generally located generally located approximately 200 feet south of the Olive Drive - Via Tevere Street intersection That General Plan Amendment/Riverlakes Ranch Specifc Plan 03-0339 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment and a single Riverlakes Ranch Specific Plan Amendment. ......... 000 ........ ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the C°un(~i[LPf"JU 3'It L~ City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGiO COUNCILMEMBER ~ COUNCILMEMBER ~ COUNClLMEMBER ~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield I~RV~'Y L. HALL Mayor of the City of Bakersfield APPROVED as to form BART J. THILTGEN City Attorney ~? / S:\GPA 2nd Qtr 2003\03-0339\CC GPAR.DOC OR~GINAL GENERAL PLAN AMENDMENT 03-0339 OS-P OS-P LR T29S, R27E m