HomeMy WebLinkAboutRES NO 146-98RESOLUTION NO. 1 4 6 ' 9 8
A RESOLUTION MAKING FINDINGS, APPROVING THE
NEGATIVE DECLARATION AND DENYING THE PROPOSED
AMENDMENT TO THE RIVERLAKES RANCH SPECIFIC PLAN.
(RIVERLAKES RANCH SPECIFIC PLAN AMENDMENT P98-
0493 ).
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance
with the provisions of Section 65353 of the Government Code, held public hearings on
MONDAY, SEPTEMBER 14, 1998, and THURSDAY, SEPTEMBER 17, 1998, which was then
continued to MONDAY, SEPTEMBER 28, 1998, and THURSDAY, OCTOBER 1, 1998, on 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 twenty (20) calendar days before said hearing by
publication in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, such proposed amendment to the RiverLakes Ranch Specific Plan
is as follows:
RiverLakes Ranch Specific Plan Amendment P98-0493:
Fruitvale Properties LLC has applied to amend the RiverLakes
Ranch Specific Plan consisting of a change to allow
vehicular/pedestrian access from Coffee Road to two HMR/R-2
lots. Specifically lots 4 and 8 of Tract 5363;
and
WHEREAS, for the above-described amendment, an Initial Study was
conducted, and it was determined that the proposed project would not have a significant effect
on the environment, and a Negative Declaration was prepared; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures have been duly followed by city staff and the Planning Commission; and
WHEREAS, by Resolution No. 113-98 on October 1, 1998, the Planning
Commission recommended denial of this RiverLakes Ranch Specific Plan Amendment 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, NOVEMBER 4, 1998, on the above described proposed amendment to 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:
1. All required notices have been given. Required public notices were sent
to each property owner within 300 feet of the project site on July 27, 1998.
been ~11owed.
The provisions of the California Environmental Quality Act (CEQA) have
3. Based on the Initial Study and comments received, staff has determined
that the proposed project could not have a significant effect on the environment. A Negative
Declaration was advertised and posted on July 31~ 1998, in accordance with CEQA.
4. The parkway and a pedestrian walk havE; been constructed along Coffee
Road adjacent to the two multi-family residential sites.
5. Coffee Road is designated as an "Arterial" on the Circulation Element of
the Metropolitan Bakersfield 2010 General Plan. Arterials are used by through traffic, with a
minimal function to provide access to abutting properties.
6. Northshore and Southshore Drives are well within the Level of Service A
volumes for current and future traffic volumes.
7. The development of access points to Coffee Road will introduce
additional conflicts and potential accidents that would not occur as currently developed.
8. The public necessity, general welfare and good zoning practice justify the
denial for the amendment to the RiverLakes Ranch Specific Plan.
9. The proposed amendment to the RiverLakes Ranch Specific Plan is not
consistent with the Metropolitan Bakersfield 2010 General Plan. Circulation Element policies
state that arterials are used by through traffic, with a minimal f~nction to provide access to
abutting properties.
10. The proposed amendment to the RiverLakes Ranch Specific Plan is not
compatible with existing development adjacent to the sites. The parkway established along the
west side of Coffee Road is in conflict with the proposal.
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.
2. The Negative Declaration for RiverLakes Ranch Specific Plan Amendment
P98-0493 is hereby approved and adopted.
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, accepted and approved.
4. The City Council hereby approves and adoFts the proposed amendment to
the RiverLakes Ranch Specific Plan Amendment P98-0493, constituting changes as shown on
the map marked Exhibit "A", attached hereto and incorporated as though fully set forth, for
property generally located west of Coffee Road between Olive Drive and Hageman Road.
5. That RiverLakes Ranch Specific Plan Amendment P98-0493, denied herein,
be combined with other amendments described in separate resolutions, to form a single
Metropolitan Bakersfield 2010 General Plan Amendment.
......... 000 ........
2
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
~10V 0 ~, 1998 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERCARSON, DEMQND. SMITH. N~,f~:~r'ROWLES.~
COUNCILMEMBER ~q.c~g~o~ SuLLiv~
COUNCILMEMBER ~a~
COUNCILMEMBER ~¢
SALVAGGIO
CITY CLERK and Ex Offici~Clerk of the
Council of the City of Bakersfield
APPROVED NOV 0
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT SHERFY
CHIEF ASSISTANT CITY ATTORNEY
BY:
MO
October 7, 1998
0493\rgpa-cc