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HomeMy WebLinkAboutRES NO 056-01RESOLUTION NO. 0 56- 0 1 RESOLUTION MAKING FINDINGS, APPROVING NOTICE OF EXEMPTION AND ADOPTING GENERAL PLAN AMENDMENT P00-0982 OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 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, MARCH 12, 2001 and THURSDAY, MARCH 15, 2001 , on General Plan Amendment P00-0982 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 General Plan Amendment P00-0982 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan is as follows: General Plan Amendment P00-0982 Pinnacle Engineering has applied to amend the Land Use Element Of the Metropolitan Bakersfield 2010 General Plan consisting of a change from OS-P (Open Space and Recreational Facilities) to SR (Suburban Residential), on approximately 2.00 acres generally located between Norris Road, Olive Drive (extended), Coffee Road and Calloway Drive, along the north side of the eleventh link, the south side of the twelfth link and the north side of the thirteenth link of the Riverlakes Ranch golf course. WHEREAS, for the above-described project, 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 approval 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. 24-01 on March 15, 2001, the Planning Commission recommended approval and adoption of General Plan Amendment P00- 0982 subject to conditions listed in Exhibit "A" 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, APRIL 25, 2001, on the above described General Plan Amendment P00-0982 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 project would allow the undeveloped strips of the golf course along the north side of the eleventh link, approximately 5 feet to 30 feet in width and 1,500 feet in length, along the south side of the twelfth link, approximately 10 feet to 30 feet in width and 1,600 feet in length and along the north side of the thirteenth link approximately 50 feet in width and 270 feet in length consisting of approximately 2.00 acres, to be added to the existing Metropolitan Bakersfield 2010 General Plan SR (Suburban Residential) land use designation, the existing Riverlakes Ranch Specific Plan SR (Suburban Residential) land use designation and the existing R-1 (One-Family) zoning for residential development. 4. The project would not establish additional residential lots. 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." 6. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. 2 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 for General Plan Amendment P00-0982 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 P00- 0982 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 "B", attached hereto and incorporated as though fully set forth, for property generally located between Norris Road, Olive Drive (extended), Coffee Road and Calloway Drive, along the north side of the eleventh link, the south side of the twelfth link and the north side of the thirteenth link of the Riverlakes Ranch golf course, subject to conditions of approval shown on Exhibit That, General Plan Amendment P00-0982 approved herein, be combined with other approved cases described in separate resolutions, to form a single Land Use Element Amendment. ......... O00 ........ 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 APR 25 2001' , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Offi~ Clerk of the Council of the City of Bakehsfield APPROVED APR 25 2001 MAYOR of the City of Ba rsfi APPROVED AS TO FORM: BART J. THILTGEN City Attorney RED S:\Dole\P00-0982\CC R GPA.wpd March 22, 2001 (4:09PM) 4 EXHIBIT A Conditions General Plan Amendment/Specific Plan Amendment/Zone Change P00-0082 Conditions Public Works: The map submitted by the applicant shows a GPA/ZC from OS-P to SR at the west end of the parcel for a proposed cul-de-sac. A cul-de-sac will not be allowed along Thornhill Lane. This is an existing dedicated right-of-way to the City of Bakersfield and staff will not support a vacation back to the property owner, Therefore, the portion of the GPA/ZC over the proposed cul-de-sac is not recommended for approval. (NOTE: The Thornhill Lane dedicated right-of-way extends from Riverlakes Drive to Calloway Drive), S:",Dole'~P00-0982~Exhibit A PW Cond.wpd Mamh 22, 2001 (1:25PM) 2/27/01 EXHIBIT B GENERAL PLAN AMENDMENT P00-0982 SR OS-P TO SR OS-P TO SR OS_P OS-P TO SR 1811 17 OLIVE LR PS