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 ~?
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S:\GPA 2nd Qtr 2003\03-0339\CC GPAR.DOC
OR~GINAL
GENERAL PLAN AMENDMENT 03-0339
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