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HomeMy WebLinkAboutRES NO 144-95RESOLUTION NO. 1 4 4 - 9 5 A RESOLUTION MAKING FINDINGS, APPROVING NEGATIVE DECLARATION AND ADOPTING SEGMENT VIII OF PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN (CIRCULATION ELEMENT AMENDMENT 2-95). 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, DECEMBER 12 and THURSDAY, DECEMBER 15, 1994, and TUESDAY, JANUARY 3 and THURSDAY, JANUARY 5, 1995, on Segment VIII 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 VIII of the proposed amendment to the Circulation Element of Metropolitan Bakersfield 2010 General Plan is as follows: SEGMENT VIII: The City of Bakersfield has applied to amend the Circulation Element of the Metropolitan Bakersfield 2010 General Plan consisting of Specific Plan Lines for Morning Drive, Paladino Drive and an "unnamed" collector; 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 with mitigation 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. 3-95 on January 5, 1995, the Planning Commission recommended approval and adoption of Segment VIII subject to conditions listed in Exhibit "A" 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, February 22 1995, and rescheduled it for the public hearing of May 17, 1995, and the current General Plan Amendment Cycle 2-95 August 30, 1995, on the above described Segment VIII 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 California Environmental Quality Act (CECA) have been followed. environment. The proposed project will not have a significant effect on the 4. Mitigation measures attached to the project as Exhibit "A" are included in the project to mitigate impacts. 5. 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. 6. The specific plan lines are necessary for the future development of the surrounding area. 7. Adoption of the specific plan lines will not cause displacement of people, or petroleum extracting facilities. 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 VIII 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 VIII of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan, constituting of Specific Plan Lines for Morning Drive, Paladino Drive and an "unnamed" collector, as shown on the map marked Exhibit "B," more thoroughly described in Exhibit "C", attached hereto and incorporated as though fully set forth, for property generally located in northeast Bakersfield from approximately one mile north of State Highway 178 to Alfred Harrell Highway, subject to conditions of approval shown on Exhibit "A". 5. That Segment VIII, approved herein, be combined with other approved segments described in separate resolutions, to form a single Circulation Element Amendment, GPA 2-95. ......... 000 ........ 3 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 SFP 1 3 ~95 , by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTT, ROWLBS, SULLIVAN, SALVAGG10 NOES: COUNC'LMEM?-~R ........ ~z'r--~ ABSTAIN: COUNCILMEMBER- I ~(-~.~- -, - ABSENT; COUNCILMEMBER ~ '~("~/~ ~ CITY CLERK and Ex Ofilcio Clerk of the Council of the City of Bakersfield APPROVED SEP 1 3 1995 BOB ~ICE'~'/~ MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATI'ORNEY CARL HERNANDEZ Deputy City Attorney RED August 9, 1995 res~r494sS.cc EXHIBIT "A" General Plan A~nendment 2-95, Segment VIII Conditions of Approval At the proper time of the year when moisture content of the soil is appropriate and as soon as possible after construction, cut and fill slopes shall be hydro- seeded. (Mitigation) p:494s8.ea EXHIBIT "B" GPA 2-95,. SEGMENT VIII CIRCULATION ELEMENT SPECIFIC PLAN LINES MORNING~...: DRIVE '~ SPECIFIC ? PLAN UNE UNNAMED~* COLL~'CTOR i~,~,.,--,-."~ SPECIFIC #- PLAN LiNE ~A~DINO DRIVE ~ ~ SPECIFIC P~N ~ UNE P~NO~MA PALADINO DRIVE N LXHIBIT "C" (i of 4) Legal Descriptions GPA 2-95, Seg. VIII Drive £x=enslon - ~1oDe £asemencs A feec eas~ Parcel 2: feec east Parcel 2: A 40-face strip cocermznous with =he soucneascerly right of way beginn~ng 2317.87 feec easceriy of Pain= 4 aiong =he pceviousiy described centerline and concinui~g northeasterly 500 feet. of Pain= 2 ann continuing easterly/northeasterly i450 fear. A ~O-foot strl~ cocer~lnous wl=~ %~e norc~westeriw r1$hc of way be~lnnL~g continuing ~octneasgerl~ 500 fear. Parcel ~' northeasterly o~ Point 4 along the previously described cencerl£ne ann conctnu~ng Parcel 6: a 30-icoc strip cocermznous w~ch t~e uescer£7 ri~hc of ~a? ~eginning ~917.87 fear ~ortheascer17 of Palrio 4 along the previously described centerline and continuing norcheriy 1!50 feet. Parcel A 30-foot 5~0 feet. Parcel A strlp coterm~nous wlth c~e westeri~ right of ray beginnln~ .e2..i feec of Point 6 aion~ the previously descrlbea cancerlAne ana c~ncinuxn$ ]~0 fee=. Parcel ~: A 50-fact str~: c~termznous w~c~ ~ne westerly right of way be~inn~n~ i~7.7~ feec ~ortneasteriy of Point 7 aion~ ~ne orevlousiy descrzbed centerline ana :~ntlnulng nortneri'/ 200 feet. Parcel -£ND OF EESCRiPTI~-::- Page 2 of 4 iESCR!FTi?~: - ~EC!Fi? 7LAN ina .~. U~%~snz: £? Souin. Zan~e 2~ East, ,20~F, NCIN~ ac one Northwest c=rner of Set:con i~. Uownsei= 29 South. Kan~e 27 £as~. H.D.M., :hence fenon 00°06'~2.?' West a distance o£ 229.783 feet :o a oo~n~ cn ~ne West iine of $a~d Section i~ ann T~U~ POINT OF BE~INNIN~ ~Poin: f-~-m(:Z (i) Northerly, an arc distance o£ 1233.9384 feet ~nrougn a central an~ie of 47°07'58.717" along a curve concave co the southeast w~c~ a radius of 1500 feet, ~hose bac~ tangent bears South 00'06'32.6" West. :: a pozn~ sf insergecczon (Point 2) v~tn :he cenceriine of a future ma~or coilactor to ~ne North and West: curve, an arc distance of 1118.0338 feet t~rougn a central angle of &~°~1'20.683" to one end of curve (Point 3) whose radial bears South 00'03'08" East therefrom: T~X (3) North 89'56'52" East a distance of 550.936 feec :o one be~mnn~ng of a ~8OO-fooc radius curve concave co the northwest <Point a); T~N~ (4) Northeasterly 3165.~20 feec along said curve tnrougea cencrai angle of 100'45'I9" ~o t~e end of curve (Point f) waose radial ~ears Soumn 7~0!1'33" West ::i~ (~) Notre I0'~8'27" West a ~istance of a90.246 feet :e~znnzng of a 2000-fooc rancue curve ~Foinc 6) concave c: T~CX (6) Norrneriy [614.430 feet along sa~d curve through a central angie of &6'15'00" ~o one end of curve (Point 7) whose radial bears ~ou~n ~4°33'27" East therefrom; (7) North 35'26'32" East a distance of 7ii.668 f~ec r: the begxnn~ng of a 2000-foo: ranire curve (Point SOUtheast; :.~m.,t'C~ (8) Nor:neaereriv 2~0.2~0 feec along sand curve rnrougn a 5 ,3 1~ t: the enn of curve (Point a~ whose ra~zai ~e~crai angle of oc , ,,, ~ears £oucn -7°d0'16" East :neterr:m: ?.~ (?) North ~ ..'aa', Ease a aiscante o~ 70~.~27 a~o :n cenceriine of :he £oucnwesceriv germzeus of :~e [10-foot ~z:e ~oun~'r £urvevor Xao No. :-[a.£2~? daten June if. ~~64 ~Tcin[ -~. -_.~,-,:,.. TLKlmro Page 3 of 4 ._.CR ....... - :enteriin~. seine a :orezoo "' $ec:z=ns ~i ano i£. ~wnsnz~ 2} Sounn, iange £2 5a$c. and 5ecclcns , ann i~. ?~w~lsnl: 2? South, ~ange £? East: COMMENCING a: :he Nor:coast corner of Set:zoo if. TowneniD 27 ~autn. Range £~ East, M.D.M., :nonce £ou~h 890~7'16.i~9" West a distance of ]36.i]~i feet :~ a point on che north line of sa~d Sectzoo i3 being ~he True Point of Beg~nnxng; r~CE (I) Easterly, an arc disKanon of 101.~2~ feet :nrousn a central angle of 3'~8'08.012" aion~ a curve concave co the souca w~cn a ran/us cf !600 feet whose can~en= bears south 89°56'51.988" west (at be~znn~ng of curve;; ~C~ (2) Sou~n 86°2~'00" East a distance of 699,211 fee= :: ~ne beginning of a ~600 foot radius curve concave co ~ne norco: r~CE (3) Easceriy 203.125 feec along sai~ curve ~nrou~n a centrai an$ie of ?'I~'26" ~o the ena of curve whose radial bears North 3'&I'25" West; THENCE (4) North 86'18'34" East a distance of 647.682 fee: to beginning of a ~600-foot raaius curve concave :o :he South; ~f~NCE (5) Easterly 50.818 feet along said cur.re ~nrou~ a central anzie of 3'~8'17.988" u= ~ne end of curve whose ra~ial bears £outn 00903'08.012 East an~ which Doxnc falls on north line of Sectzoo 18, Townsn~m 29 South, %an~e 29 Eam=. M.D.S., ~earlng North 89'56'~!.988" East. - END OF DESCRIPTION - Page 4 of 4 ..... way ='5 fsec each szde cf %he following iescr-_rsd centerline being a .$or~cn c~ Section i2, TownshiD 29 £cutn, Aange 23 Eas~, ana £ecc~cn 7, Townsni.D 29 South, Aange 29 Eas~, X.D.M., being a sou~neriy and easterly extension of a ma3or ~o~ ...... located along ~ne west line of Section 7 Towns~iD 29 £ouun. Eange 29 East, :~.D.:~.: COMMENCING at ~he Southwest corner of Secuion 7, To~rnsnlD 29 Souu~, Range 29 Eas=, M.D.M., Zhence 0'0'41.26' West a distance of 2649.04 feet to ~e wee= 1/4 corner o~ said Section 7 and the TRUE POINT OF BEGINNING; · ramm~m (1) South 0'0'41.26" Eas=, along the wes= line of said Section 7, a distance of 631.30 fee~; · r~=4~CE (21Soutneasteriy 1193.708 feet along a 1600-foot radius curve concave to the northeast through a central angle of 42'44'47.418' to nhe end of curve whose radial bears North 47'1~'31.31' Eas= therefrom; · r~ (3) South 42'45'28.68" Eas= a dis=ance of 83.037 fee= to a point on the centerline of Morning DrYire Ex=ension. Right of way lines shall be foreshor=ened to in=ersect wi~h Morning Drive righ~ of way lines wi~h 20- foo= fillets. - END OF DESCRIPTION -