HomeMy WebLinkAboutRES NO 079-08RESOLUTION NO. ~ 7 ~ _ O g
RESOLUTION MAKING FINDINGS APPROVING GENERAL PLAN
AMENDMENT NO. 07-2098, AN AMENDMENT TO THE LAND USE
ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL
PLAN TO MODIFY CONDITIONS OF APPROVAL (GPA 07-2098).
WHEREAS, McIntosh & Associates, for Castle & Cooke Commercial, filed an application
requesting a General Plan Amendment to change the conditions of approval of General Plan Amendment
No. 00-0291, Riverwalk Commercial Center; and
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 Thursday, April 3, 2008, on General
Plan Amendment No. 07-2098, 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, General Plan Amendment No. 07-2098, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 07-2098:
McIntosh & Associates, for Castle & Cooke Commercial, applied to amend the Land Use Element
of the Metropolitan Bakersfield General Plan consisting of a change to the conditions of approval
for General Plan Amendment No.00-0291 (Riverwalk Commercial Center), generally located west
of Calloway Drive, between Stockdale Highway and the Kern River.
• The first proposal is to increase the allowed amount of ground floor gross leasable area for any
individual retail space from 100,000 square feet to 140,000 square feet.
• The second proposal is to allow an additional full access point to the commercial center with a
signalized intersection on Stockdale Hwy; and
WHEREAS, the Riverwalk Commercial Center Environmental Impact Report (EIR), certified on
August 22, 2001, and incorporated by reference, documents that this general plan amendment is a later
project that will not have a significant effect. Based upon an initial environmental assessment, staff has
determined the proposed project will not significantly effect the environment, and pursuant to CEQA
Guidelines Section 15162 the EIR certified for this project is adequate and no further environmental
documentation is necessary; and
WHEREAS, by Resolution No. 57-08 on April 3, 2008, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 07-2098 subject to the revised Mitigation
Measures/Conditions of Approval and this Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution and as restated herein; 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, May 7, 2008, on
General Plan Amendment No. 07-2098, 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 Califomian, a local newspaper
of general circulation; and
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WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
2. The Council has considered and concurs but modifies the following findings made by the
Planning Commission as set forth in Resolution No. 57-08, adopted on April 3, 2008:
a. All required public notices have been provided.
b. The provisions of CEQA and City of Bakersfield CEQA Implementation Procedures
have been followed. Staff determined that the proposed activity is a project and an
initial study was prepared for the original project (General Plan Amendment No.00-
0291) of the subject property and the Riverwalk Commercial Center EIR was
certified on August 22, 2001, and duly noticed.
c. Said Riverwalk Commercial Center EI R for the proposed project is the appropriate
environmental document to accompany project approval. In accordance with
CEQA Section 15162, no further environmental documentation is necessary
because no substantial changes to the original project are proposed, there are no
substantial changes in circumstances under which the project will be undertaken
and no new environmental impacts have been identified. The project will not
significantly impact the physical environment because mitigation measures relating
to biological resources, traffic and circulation, noise, air quality, cultural resources,
and aesthetics have been incorporated into the project.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General Plan.
e. Because of the proposal by the applicant, the City Council requires that the project
site include a PCD overlay zone so that future changes can be adequately
reviewed by the Planning Commission and give opportunity for additional public
comment. All previous conditions and mitigation are to be incorporated into an
approved Planned Development (PD) review.
The laws and regulations relating to the preparation and adoption of environmental
impact reports as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been duly followed by city staff
and the Planning Commission.
3. That the applicant by prior written agreement agreed to comply with all adopted mitigation
measures contained within the Environmental Impact Report.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
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NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
The above recitals and findings incorporated herein are true and correct.
2. That this project pertains to the Riverwalk Commercial Center EIR previously certified in
conjunction with General Plan Amendment No.00-0291.
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 and accepted.
4. The City Council hereby approves and adopts General Plan Amendment No. 07-2098,
conditioned as follows:
a. The site shall be zoned C-2/PCD and with all conditions and mitigation previously
adopted incorporated into an approved Planned Development (PD) review.
b. The request for an additional signalized intersection is denied.
c. The maximum ground floor gross leasable space shall be 140,000 square feet.
5. That General Plan Amendment No. 07-2098, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
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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 May 21, 2008 by the following vote:
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ES: COUNCILM
ABSTAIN: COUNCILM
ABSENT: COUNCILM
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L: HALL"
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City ""
By:
Exhibit A -General Plan Amendment Map
CG - S:\GPA 1st 2008\07-2098\Resos\CC GPA Resolution.doc
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APPROVED MAY 21 2008
Exhibit A
General Plan Amendment Location Map
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