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HomeMy WebLinkAboutRES NO 42-97RESOLUTION NO. 4 2 -. 9 7 A RESOLUTION MAKING FINDINGS AND ADOPTING AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (GENERAL PLAN AMENDMENT CASE NO. P96- 0795). 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, DECEMBER 16 and THURSDAY, DECEMBER 19, 1996, on a proposed amendment to the Circulation Element of the General Plan, notice of the time and place of hearing having been given at least twenty-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan is as follows: City of Bakersfield has applied to amend the Circulation Element of the Metropolitan Bakersfield 2010 General Plan consisting of amending Policy 2 (Page III-38) and Implementation Measure 2 (Page III-39) of the Circulation/Airports section to reference the Airport Land Use Compatibility Plan (ALUCP); and WHEREAS, for the above-described amendment, an Initial Study was conducted and a Negative Declaration has been adopted by the County of Kern for this project (EA LO 2-96; GPA #110, Map #500) and it was determined that the proposed project would not have a significant effect on the environment. Said Negative Declaration was noticed by the County on July 25, 1996, and the comment period closed on August 26, 1996, in accordance with CEQA; and WHEREAS, the Aeronautics Law of the State of California (Chapter 4, Article 3.5 of the Public Utilities Code) requires a compatibility review for major public or private land use proposals within defined airport influence areas; and WHEREAS, the same State legislation allows for adoption of an Airport Land Use Compatibility Plan (ALUCP) as an option for the City to comply with the airport compatibility review requirements of the Aeronautics Law; and WHEREAS, by Resolution No. 120-96 on December 19, 1996, the Planning Commission recommended approval and adoption of this General 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, MARCH 12, 1997, on the above described proposed amendment to the Circulation 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 findings: WHEREAS, the Council has considered and hereby makes the following 1. All required notices have been given. 2. The provisions of the California Environmental Quality Act (CEQA) have been followed. environment. The proposed project will not have a significant effect on the 4. Adoption of the Airport Land Use Compatibility Plan (ALUCP), as provided in Chapter 4, Article 3.5 of the Public Utilities Code provides for the City a logical and pragmatic method for compliance with the airport land use compatibility review requirements of State law; and 5. The Airport Land Use Compatibility Plan (ALUCP) adopted by the County of Kern on September 23, 1996 pursuant to the Board of Supervisor's adoption of GPA Case No. 110, Map No. 500, can be incorporated by reference into the City's version of the Metropolitan Bakersfield 2010 General Plan by the foregoing policy and implementation measure amendments in the Circulation/Airports section of the Circulation Element. 6. Adoption by reference of the Airport Land Use Compatibility Plan (ALUCP) and its subsequent implementation will protect the public health, safety and welfare by ensuring orderly expansion of airports within the City's jurisdiction and the adoption of land use measures to minimize the public's exposure to excessive noise and safety hazards around public use airports, to the extent these areas are not already committed to incompatible uses. 7. The Metropolitan Bakersfield 2010 General Plan and all affected Specific Plans are deemed in conformance with the Airport Land Use Compatibility Plan in accordance with Government Code Section 65302.2. 8. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resoumes and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. 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. A Negative Declaration was adopted by the County of Kern for this project in conjunction with its approval of GPA #110, Map #500 (EA LO 2-96) on September 23, 1996. 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 adopts the Airport Land Use Compatibility Plan (ALUCP) as a "stand-alone" document separate from the Metropolitan Bakersfield 2010 General Plan. 5. The City Council hereby approves and adopts General Plan Amendment Case No. P96-0795, a proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on Exhibits "A-1" and "A-2" attached hereto and incorporated as though fully set forth. ......... o0o ........ 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 ~ ! ! ~ , by the following vote: AYES: COUNCILMEMBER DeMOND, CARS~TH, McDERMOT~, ROWLES, SULLIVAN, NOES: COUNCILMEMBER Ab3TAIN: COUNCILMEMBER .~J~: COUNCILMEMBER CITY CLERK and Ex Offic'~Clerk of the Council of the City of Bakersfield BO~(PRICE MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY :pjt February 14, 1997 res\rG0795-cc 4 EXHIBIT "A-l" CHAPTER III CIRCULATION/AIRPORTS (GOALS AND POLICIES) GOALS AND POLICIES The following presents the goals and policies for airports in the planning area. Implementing programs are contained in the following sub-section. At the end of each policy is listed in parenthesis a code beginning with the letter "1" followed by a number. This code refers to the pertinent implementing program. GOALS Ensure air passenger and general aviation facilities and services are available to meet citizens' needs. 2 Develop, operate, and maintain Meadows Field and Bakersfield Airpark to meet aviation needs in the metro area and to support general aviation at Rio Bravo airfield. POLICIES Goals will be achieved through the following policies which set more specific directions and guide actions. 1 2 3 Maintain master plans for Meadows Field and Bakersfield Airpark (I-1). Ensure compatibility between the general plan, airport master plans and the eifpe~ Airport ~,d :.'~c Land Use Compatibility Plan ~ (I-2, I-5). Coordinate the development and operations at each airport with other airports to ensure compatibility and maximum public benefit (I-3). Provide ground transportation access to and from the airports (I-4). Allow for the establishment of private airports and heliports/hetipads (I-4). Encourage and provide for the orderly development of public use airports within the planning area and prevent the creation of new noise and safety impacts (I-2, I-3, I-4, EXHIBIT "A-2" CHAPTERIll CIRCULATION/AIRPORTS (IMPLEMENTATION) IMPLEMENTATION The following are programs to be carried out by the City of Bakersfield and County of Kern to implement the goals and policies of the Circulation Element affecting airports. This listing is not to limit the scope of implementation of this plan. State law requires that planning agencies recommend various methods of implementation of the general plan as part of their on-going duties. Each airport should prepare and periodically update a plan discussing future expansion, improvements, and operations. 2 Review airport master plans for conformance with the Airport Land Use Compatibility Plan, General Plan, and amend as necessary to make them compatible. Amend Zoning Ordinances as necessary to implement approach/departure zoning. 3 Participate in the regional airport planning activities of Kern COG and revise individual airport master plans as necessary to produce a coordinated system. 4 Require Conditional Use Permits as necessary for the establishment of new airports, heliports and helipads. 5 Consider the use of avigation easements for discretionary projects to provide for orderly development and as a means of preventing new noise and safety impacts.