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HomeMy WebLinkAboutRES NO 83-95RESOLUTION NO. 8 3 - 9 5 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT V OF PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (CIRCULATION ELEMENT AMENDMENT 1-95). 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 13, 1995, and THURSDAY, March 16, 1995, on Segment V 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-one (21) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment V of the proposed amendment to the Circulation Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT V: The City of Bakersfield has applied to amend the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, adopting a specific plan line for State Highway 178, previously adopted by the State of California in the year 1960. The portion of specific plan line to be adopted by the City is located in northeast Bakersfield and begins at the existing Route 178, approximately 3,000 feet west of the Kern Canyon/State Route 178 interchange and continues northeasterly a distance of approximately five miles to the city boundary; and WHEREAS, for the above-described Segment, 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. 23-95 on March 16, 1995, the Planning Commission recommended approval and adoption of Segment V 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, MAY 17, 1995, on the above described Segment V of the 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 WHEREAS, the Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. The proposed project will not have a significant effect on the environment because the project only protects an existing alignment. All environmental impacts related to right-of-way acquisition and freeway construction will have to be mitigated by the State of California to the greatest degree possible. 4. The proposed amendment of the General Plan is compatible with existing designations adjacent to the specific plan line and the general area of the specific plan line. 5. The specific plan line is necessary for the future development of the surrounding area both as a planning tool and preservation measure. 6. The specific plan line is necessary for the future construction of the State Route 178 Freeway from Bakersfield to Lake Isabella. 7. Adoption of the specific plan lines will not cause displacement of people or residences. 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 Segment V 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. 2 4. The City Council hereby approves and adopts Segment V of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, constituting changes as shown on the map marked Exhibit "A," attached hereto and incorporated as though fully set forth, for property generally located in northeast Bakersfield and begins at the existing Route 178, approximately 3,000 feet west of the Kern Canyon/State Route 178 interchange and continues northeasterly a distance of approximately five miles to the city boundary more specifically described in Exhibit 5. That Segment V, approved herein, be combined with other approved segments described in separate resolutions, to form a single Circulation Element Amendment, GPA 1-95. ......... O00 ........ ORIG,N,~L 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 M^Y 1 1 1995 , by the following vote: AYES; COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMO'I'r, ROWLES, CHOW, SALVAGGIO NOES: COUNCiL~?JB~R ........ ./~n~ ABSTAIN: C ~; L;;,~ C i L~,,",E,~,~I[~ L;~ N OF/~. ABSENT: COUNCILMEMBER /[I/~D ~' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAY I ? 1995 MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATTORNEY LAURA C. MARINO Assistant City Attorney RED:pit April 13, 1995 res\r195S5.cc 4 ORIGh~AL EXHIBIT "A" GPA 1-95, SEGMENT V - CIRCULATION ELEMENT STATE HIGHWAY 178 - SPECIFIC PLAN LINE ~0 PALAOINO 0 £PEC/£/C LIN£ COUNTY PARK 178 11 13 179% R2g[ EXHIBIT 'B" DESCRIPTION STATE ROUTE 178 SPECIFIC Pr.~N LINE From one ndle easC of Morning Drive east to the City Limit line at the noz~ch line of Section 1, T. 29 $., K. 29 E., M.D.B.& M. All those portions of Sections 1, 2, 3, 9, 10, 16, 17, 19 and 20 of T. 29 S., R. 29 E., M.D.B.& M., City of Ba~er;fieid, County of Kern, State of California, Being a strip of land 210 feet wide, lying 105 feet on each side of the following described line: Coneuencing at the intersection of the centerlines of State Route 178 and Morning Drive; THENCE (1) T~.NCE (2) THENCE (3) THENCE (4) THENCE (5) THENCE (6) THENCE (7) THENCE (8} THENCE (9) THENCE (10) THENCE (11) THENCE (12) N. 89"47'22" E., 4965.28 feet to the beginning of a 4999.74 foe: radius curve concave northwesterly, being the TRUE POINT OF BEGINNING; Northeasterly along said curve ~hrough a central angle of 40o20'48' an arc distance of 3520.73 feet; N. 49°26'34" E., 7326.52 feet to ~he beginning of a 4999.78 foot radius curve concave northwes=erly; Noz~cheastarly along said curve through a oentral angle of 08°20'45· an arc distance of 728.28 feet; N. 41°05'49' E., 1512.35 feet to the beginning of a 4999.78 foot radius curve concave southeasterly; Northeasterly along said curve through a central angle of 12°23'52" an arc distahoe of 1081.86 feet; N. 53°29'41" E., 5458.30 ~eet to the beginning of a 4999.78 foot radius curve coneave southeuterly; Northeasterly along said curve through e central angle of 20o38'54- an a=c distahOe of 1801.83 feet~ N. 74"08'35' E., 1072.53 feet to the beginning of e 4999.78 foot radius curve concave northwesterly; Northeasterly along said curve through a central angle of 11~15'00" an arc distance of 981.71 f~et; N. 62~53'35· E., 2675.18 feet to the beginning of s 1149.95 foot radius curve concave westerly; Northeasterly and nor~h~sterly along said curve through a central angie of 85019'57" an arc distance of 1712.66 feet; THENCE (13) N. 22o26'22" W., 609.63 feet more or less to :he north line of section 1, T 29 S., R 29 E., M.D.S.& M. The sidelines of said strip :o be shortened or lengthened :o intersect said section line. ORIGINAL