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Home My WebLink AboutRES NO 080-08 RESOLUTION NO. ~ g ~ ' ~ g RESOLUTION MAKING FINDINGS APPROVING GENERAL PLAN AMENDMENT N0.07-2098, AN AMENDMENT TO THE KERN RIVER PLAN 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 Kern River Plan 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 Kern River Plan 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, pursuant to the policies of the Kern River Plan Element, a formal recommendation from the County of Kern Board of Supervisors is not necessary, according to the County of Kern, Resource Management Agency, (letter dated February 22, 2008 from Lorelei H. Oviatt, AICP, Division Chief); and WHEREAS, by Resolution No. 58-08 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 I D~g~AKF9 s ~' m ~ r U O ORIGINAL 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. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 58-08, 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 EIR 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 Kern River Plan Element of the Metropolitan Bakersfield Genera/ 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. 2 ~gAKfi~, o s.~ ~ m ~ r ~~ O ORIGINAL 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, accepted and approved. 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. ------- -000-------- p~ ~ A KF9`f-c~ 3 > rn r ~-- c~ ~ ORIGINAL 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: ~E COUNCILMEMBER CARSON BENNAM WEIR COUCH HAt`fSON SUCLIVAN SCRI NV ER 'roots: COUNCILMEMBER N~.Pryt1L ABSTAIN: COUNCILMEMBER ~,pry~~ ABSENT: COUNCILMEMBER Y1I71~_ PAMELA A. McCARTHY, MC 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 GENN~tO City Attorney /'~ By Exhibit A -Kern River Plan Element Map CG - S:\GPA 1st 2008\07-2098\Resos\CC KRPE Resolution.doc ~~AKF9 O ~'~ 4 ~' m ,_ ~ ~ (li~IGINAL APPROVED MAY 2 ~ 2008 Exhibit A Kern River Plan Element Location Map ~ gAKF,9s~ m F- r ~~ O ORIGINAL N ~ ~ o Z W ~ W ~ ~ W W ~ ~ J W ~ ~ Z Q Z Q W L L z . L.1. Z W v! X J I..L - W J Z L.L W W Y Z W C~ v N U co O N N ab'O~1 b3n12~ QUO Y 00 ~R1~E GP~-~~W AY V / C N J ~ ~, ~ ~ ~ ~ N N ~ N 'f6 ~ ~y N ~% ~~6 Off, J~ '~s tG N to to ~ ~ ~ N N ~ N N ~ ~ N ~ a 0 M N ~ ~ ~ ~ o~ W M ~ Y N Z ~ Q N cfl ~ ~~ o a N ~ ~ N O ~ ~ ~ ~ ~ J J ~e ~6 J b ~~~b 2b~-3- J M U O 3 ~ = M C7 ~j 2 Oy~~ bl N 8 Sl ~ bN~n ~O~ N aAK ~ V tn0~ ~'.n ~ ~S~- o ORIGINAL