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Home My WebLink AboutRES NO 190-03RESOLUTION NO. 1 9 0 "0 8 RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT 03-0761 OF PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN (BIKEWAY 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, SEPTEMBER 15, 2003 and THURSDAY, SEPTEMBER 18, 2003, on General Plan Amendment 03-0761 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 03-0761 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 03-0761 The City of Bakersfield has applied the amendment to the Bikeway Master Plan that would add Class 2 Bike Lanes and Class 3 Bike Routes to approximately 4 miles of previously designated roads within the Specific Parks and Trails Plan for Northeast Bakersfield study area. Said study area is generally located south of Alfred Harrell Highway, north of State Route 178, west of Rancheria Road to the City of Bakersfield landfill. These bike lane/route designations will accommodate bicycle travel within the paved surface of the roadway and connect to other already designated bike lanes. The amendment of the Bikeway Master Plan also makes corrections to the Bikeways Plan based on a recent amendment to the General Plan Circulation Element and to be consistent with the 1996 Specific Trails Plan; 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 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. 130-03, on September 18, 2003, the Planning Commission recommended approval and adoption of General Plan Amendment 03-0761 subject to mitigation measures, listed in Exhibit "2" and this Council has fully considered the findings made by the Planning Commission as set forth in that Resolution; and ORIGINAl 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, October 22, 2003, on the above described General Plan Amendment 03-0761 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 "2" are included in the project to mitigate environmental impacts. 5. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. The proposed project will benefit future development in northeast Bakersfield through the provision of safe, efficient, clean transportation alternatives. 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 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 03-0761 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. 2 ORIGINAl. The City Council hereby approves and adopts General Plan Amendment 03- 0761 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "1", attached hereto and incorporated as though fully set forth, for property generally located south of Alfred Harrell Highway, north of State Route 178, west of Rancheria Road to the City of Bakersfield landfill, subject to mitigation measures shown on Exhibit "2". the I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by Council of the City of Bakersfield at a regular meeting thereof held on 0OT 2~ 2003 by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCHiCARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMOER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED OCT 22 ZO0~ HARVEY L. HALL /~ Mayor of the City of Bakersf APPROVED as to form BART J. THILTGEN City Attorney Attachments: Exhibit 1 Exhibit 2 S:\NBOSA\cc\CC GPAR CE.DOC ORIGINAL EXHIBIT2 MITIGATION LIST SPECIFIC PARKS AND TRAILS PLAN NORTHEAST BAKESFIELD AND GPA 03-0761 BIOLOGICAL RESOURCES: Plant species introduced into the natural (i.e. undeveloped) trail setting shall be reviewed by a biologist for habitat/vegetative compatibility. The use of exotic species that can be invasive shall be avoided. Any night-lighting proposed shall be directed away from natural open space areas, safety lighting shall be designed to minimize impacts to the natural open space areas. Where determined on a project by project basis, biological monitoring shall be conducted and limits of construction shall be staked. Pre-construction surveys for the blunt-nosed leopard lizard, and raptor nests will be required for new construction where warranted by habitat type. The following measures are recommended to reduce impacts on the San Joaquin kit fox to less than significant levels: If they cannot be avoided by construction, all potential and known kit fox dens and burrows of other special status species will be monitored and excavated according to approved guidelines. Pets will not be permitted on the project site during project activities, except if confined or leashed. All food-related trash, such as wrappers, cans, bottles, and food scraps, will be disposed of in closed containers only and regularly removed from the project site. All spills of hazardous materials within endangered species habitats will be cleaned up immediately. All construction activities will be conducted during daylight hours. All project-related vehicles will observe a speed limit of 20 mph or less on the project site, except on State and County highways and roads. All trenches left uncovered over night will be ramped to allow animals that fall into the trench to escape. The boundaries of the project site will be delineated using orange construction fencing to ensure that adjacent habitats will not be impacted. CULTURAL RESOURCES: If fossils are found within an area being graded, earth-disturbing activities shall be diverted elsewhere until a monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call a qualified paleontologist on the site for fossil salvage. S:lNBOSA ICEQA ~Mitigation List. doc Septernber 26, 2003 1 of 2 ORIGINAl_ Mitigation List Specific Parks/Trails Plan Northeast Bakersfield If fossils are found, a paleontologist shall prepare, identify and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation measures and results, with itemized inventory of collected specimens. Paleontologist shall submit the report to the City of Bakersfield and any other appropriate agency, and transfer fossil collection to an appropriate depository at the direction f the City. If any human remains are discovered, all work shall stop until the Kern County Coroner has been notified and has evaluated the remains. If other archeological artifacts are discovered during site development, all work shall stop until the find as been evaluated by a qualified archaeologist or historian. S:WBOSA ICEQA IMitigation List. doc September 26, 2003 2 of 2 ORIGINAL