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Home My WebLink AboutRES NO 087-03 087-03 RESOLUTION NO.__ RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-0008 OF PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 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 17, 2003 and THURSDAY, MARCH 20, 2003, on General Plan Amendment 03-0008 of 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 (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such General Plan Amendment 03-0008 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-0008 Mclntosh & Associates has applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan, realigning Valley Lane, south of Paladino Drive and a segment of Panorama Drive; and, deletion of a third unnamed collector south of the Panorama Drive alignment; generally located between Paladino Drive, State Route-178, Masterson Street and Queen Street; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and a Mitigated Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations as set forth in CECA and City of Bakersfield's CECA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 48-03, on March 20, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 03-0008 subject to mitigation measures, listed in Exhibit "1" 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, May 14, 2003, on the above described General Plan Amendment 03-0008 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 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. 2. The provisions of the California Environmental Quality Act have been followed. 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 Mitigated Negative Declaration was prepared for the project in accordance with CEQA. Mitigation Measures shown on Exhibit "1" are included in the project to ameliorate impacts. 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. 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 resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference 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. The Negative Declaration for General Plan Amendment 03-0008 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 03- 0008 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "2", attached hereto and incorporated as though fully set forth, for property generally located between Paladino Drive, State Route-178, Masterson Street and Queen Street, subject to mitigation measures shown on Exhibit "1". That, General Plan Amendment 03-0008, approved herein, be combined with other approved cases described in separate resolutions, to form a single Circulation Element Amendment. the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Co~ 2~f20tl~e City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH1 CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNClLMEMBER I~ COUNCILMEMBER PAMELA A. McCARTHY, I~C - CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY 28 2003 ~ aA~oVr Eo~'t hL~ ~;iAt~ Lof Bake r sfie~/ APPROVED as to form BART J. THILTGEN City Attorney RED S:\Dole\03-0008\CC GPAR CE.DOC EXHIBIT "1" Mitigation Measures General Plan Amendment 03-0008 Public Works An EIR was prepared for General Plan AmendmentJZone Change (GPA/ZC) P99-0647 and certified (Resolution No. 136-00) by the City Council on November 15, 2000. General Plan Amendment 03-0008 subject site is located within the boundaries of GPA/ZC P99-0647 and amends the Circulation Element within the boundaries GPA/ZC P99-0647. The City Traffic Engineer has reviewed the traffic/circulation mitigation from that EIR and has determined that GPA 03-0008 would be affected by the EIR's mitigation. Changes to the mitigation measures: deletions are shown as a strlkcthrcu.3h and new/revised mitigation is shown in bold. Changed mitigation measures are as follows: 1. Mitigation Measure No. TR-2 a and c a) Traffic signals shall be installed at the following locations prior to construction of approximately 2,025 dwelling units and 524,000 square feet of gross leaseable commercial floor area which is defined as one-half buildout, or the equivalent of the traffic volume generated at one-half buildout of the project which is expected to occur in the year 2010 and full buildout (4,050 + dwelling units and 1,048,706 -+ square feet of gross leaseable commercial floor area) of the project which is expected to occur in the year 2020: Year 2010 (one-half buildout - approximately 2,025 dwelling units and 524,000 square feet of gross leaseable commercial floor area, or the equivalent of the traffic volume generated at one-half buildout) · Vineland Road and,.....,,..,"'*'-':^' .....,....,..,"'^"~^' .~.......e*"~* Panorama Drive (Traffic Engineer Note: with elimination of the "loop" Collector, only Panorama and Vineland segments will remain and shall be signalized at the 2010 one-half buildout period (approximately 2,025 dwelling units and 524,000 square feet of gross leaseable commercial floor area ). c) The following roadway segments shall be installed at the following locations prior to one-half buildout - approximately 2,025 dwelling units and 524,000 square feet of gross leaseable commercial floor area - or the equivalent of the traffic volume generated at one-half buildout of the project which is expected to occur in the 2010. Intstall Vineland Road Between SR 178 and Collcctcr Locp Strcct Panorama Drive. (Traffic Engineer Note: Since the collector "loop" street is to be eliminated, the segment defined is from State Route-178 to Panorama Drive). 2. Mitigation Measure No. TR- 4 · Install Vineland Road between Panorama Drive and Paladino Drive. (Traffic Engineer Note: The collector "loop" street is to be eliminated. The former Valley Lane is the the Vineland alignment and shall be installed between Parorama Drive and Paladino Drive). Other EIR mitigation measures are still in effect. S:\Dole\03q) 008\Mitigation.doc QUEEN STREET VALLEY LANE r-