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HomeMy WebLinkAboutRES NO 043-04RESOLUTION NO. 0 48 ' 0 z~ A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT CASE NO. GPA 03-1171 OF THE PROPOSED AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN TO REALIGN A PORTION OF THE WEST BELTWAY APPROXIMATELY ONE-HALF MILE WEST OF ITS CURRENT ALIGNMENT, BEGINNING APPROXIMATELY 700 FEET NORTH OF STOCKDALE HIGHWAY AND EXTENDING TO PACHECO ROAD. 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 15, 2003, and THURSDAY, DECEMBER 18, 2003, on GPA 03-1171 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given thirty (30) calendar days before said hearing by publication in the Bakersfield Californian. a local newspaper of general circulation; and WHEREAS, GPA 03-1171, a requested amendment to the Circulation Element of the Metropolitan Bakersfield General Plan is as follows: Castle and Cooke California, Inc. has proposed to amend the Circulation Element of the Metropolitan Bakersfield General Plan to realign a portion of the West Beltway, approximately one-half mile west of its current alignment, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures are adopted to address potential impacts regarding archaeological and biological resources, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on November 19, 2003, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, by Resolution No. 174-03 on December 18, 2003, the Planning Commission approved Case No. GPA 03-1171, as shown 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 25, 2004, on the above described Case No. GPA 03-1171 of the proposed ORIGINAL 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 provided. 2. The provisions of the California Environmental Quality Act have been met. 3. The proposed project would not have a significant effect on the environment. 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 State of California Department of 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, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals, incorporated herein, are true and correct. 2. The Negative Declaration for GPA 03-1171 is hereby 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 Case No. GPA 03-1171 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the map marked Exhibit "A", and the conditions of approval/mitigation measures as provided in Exhibit "B", attached hereto and incorporated as though fully set forth, to realign a portion of the West Beltway approximately one-half mile west of its current alignment, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road. The Mitigation Monitoring and Reporting Checklist as provided in Exhibit C is hereby adopted. 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 February 25, 2004, by the following vote: 2 ORIGINAL NOES: ABSTAIN: ABSENT: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN COUNCILMEMBER_ COUNCLMEMBER. COUNCILMEMBER PAMI~LA A. McCARTH~,~MC // ' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 25 2004 HARVEY'L. H~LL - Mayor of the City of Bakersfie~d~ APPROVED as to form: VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Circulation Map Exhibit B - Conditions of ApprovaJ/Mitigation Measures Exhibit C - Mitigation Monitoring and Reporting Checklist ORIGINAL :11111~ ..~ ORIGINAL EXHIBIT B GENERAL PLAN AMENDMENT NO. 03-1171 CONDITIONS OF APPROVAL/MITIGATION MEASURES 1.) 2.) ARCHAEOLOGICAL RESOURCES a.) Prior to construction activities on any portion of the realigned West Beltway, a qualified archaeologist shall be hired to conduct a comprehensive archaeological survey for the north half of Section 3, T.30S. R.26E., MDBM, after all crops have been harvested and no new crops have been planted. The archaeological survey shall be submitted to the City of Bakersfield. b.) if cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall halt in the area of the find and a qualified archaeologist shall be hired to assess the resource. The archaeological assessment shall be submitted to the City of Bakersfield. BIOLOGICAL RESOURCES a.) Thirty (30) days prior to any ground disturbance activities, a qualified biologist shall be hired to conduct a clearance survey on the project site in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. The biologist hired to conduct the clearance survey shall prepare a written report on the results of said survey. The report shall be submitted to the City of Bakersfield prior to any ground disturbance activities. b.) Prior to any construction activities, a qualified biologist shall be hired to train all construction personnel on how to identify the San Joaquin kit fox and signs. Any evidence, such as dens, shall be avoided and reported to the reviewing agencies for resolution. The biologist hired to conduct the training shall submit a written report to the City of Bakersfield regarding the date on which the instruction occurred and the information that was presented to the construction personnel. c.) Prior to construction activities within the Kern River Primary Flood Plain, the California Department of Fish and Game shall be contacted regarding any permits or mitigation measures that may be required for such activities. S:\GPA 4th Qtr 2003~03-1171~Exhibit Conditions,doc ORIGINAL 3.) d.) Prior to construction activities on any portion of the realigned West Beltway, a qualified consultant in the field of jurisdictional wetlands shall be hired to prepare a report to determine if a Section 404 permit is required for the project. The report shall be presented to the City of Bakersfield for review and approval. e.) If a Section 404 permit is required, a qualified consultant in the field of jurisdictional wetlands shall be hired to prepare a plan for meeting all of the Section 404 permitting requirements. The plan shall first be submitted to the City of Bakersfield for review and approval. Once approved by the City of Bakersfield, the Plan and corresponding Section 404 permit application shall be submitted to the U.S. Army Corps of Engineers for approval. f.) Prior to construction activities on any portion of the realigned West Beltway, a qualified biologist shall be hired to prepare a wildlife migration corridor maintenance plan. The wildlife migration corridor maintenance plan shall be submitted for review and approval to the City of Bakersfield and the California Department of Fish and Game. g.) Prior to construction activities on any portion of the realigned West Beltway, a qualified biologist shall be hired to prepare a raptor avoidance plan, The raptor avoidance plan shall be submitted for review and approval to the City of Bakersfield and the California Department of Fish and Game. MISCELLANEOUS a.) Abandoned oil wells located within the right-of-way shall be exposed for inspection and leakage testing during construction. ORIGINAL EXHIBIT C General Plan Amendment No. 03-1171 Mitigation Monitoring and Reporting Checklist NO. VERIFICATION OF COMPLIANCE Monitoring and Party Mitigation Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks 1 ARCHAEOLOGICAL RESOURCES: Construction Construction Public Works Review Approval Department a.) P~or to construction activities on any portion of the maligned West Beitway, e quallffed archaeologist shall be hired to conduct a comprehensive archaeological sun~ey for the north half of Section 3, T.30S. R.26E., MDBM, after all craps have been harvested and no new on,os have been planted. The archaeological survey shall be submitted to the City of Bakersfield. b.) If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall halt in the area of the lfnd and e qualified archaeologist shall be hired to assess the resource. The archaeological assessment shall be submitted to the City of Bakersfield. BIOLOGICAL RESOURCES: 2 a.) Thir~ (30) days prior to any ground disturbance activities, a qcelitled biologist s~all be hired to conduct a dearence survey on the project site in accordance with the previsions of the Meth3polilan Bakerslfeid Habitet Ceose~vation Plan. The biologist hired to conduct the dearence survey shall prepare a written report on the results of said sunrey. The report shatl be submitted to the City of Bakersfield prior to any ground disturbance activities. b.) Prior to any construction activities, a qualilfed biologist shall be hired to trala all cens~uction personnel on how to ibenlJfy the San Joaquin kit fox end signs. Any evidence, such as dans, shall be avoided and reported to the reviewing agencies for resolutton. The b~ngist hired to conduct the training shall submit a written report to the City of Sakerelfeid regarding the date on which the instruction occurred and the infon'na~ that was presented to the ceostruction parsonnst. c.) Prior to constmctton activities within the Kern River Prkna~ FIond Plain, the Calitomia Department of Fish and Game shall be contacted regarding any permits or mitigatton measures that may be required for such ecitvities. d.) Prior to c0ns~uc~ activities on any porlJ0n of the maligned West Belbvay, a qualified consultant in the field of jurisdictional we~mds s~ll be hired to prepare a report to beten~ine if a Sacito~ 404 permit is required for the project. The ~ shall be presented to the City o~ Bakersfield for review and approval. Page 1 of 2 ORIGINAL EXHIBIT C Cont. General Plan Amendment No. 03-1171 Mitigation Monitoring and Reporting Checklist No. VERIFICATION OF COMPLIANCE Monitoring and Party Mitigation Measure Rapo~ng Monitoring Responsible Process Mbestone for Monitoring Initials Date Remarks e.) If a Section 404 permit is required, a qualified consultant in Construction Construction Public Works the field of juriedic~l wetlands shall be hired to prapam a plan Review Approval Department ~ meedng all of the Section 404 permitting requirements. The p~an shall first be submitted to the City of Bakerafiekl for review and approval Once approved by the City of Babersheld, the Plan and corresi)oedhg Seciton 404 permit applicalten shall be submitted to the U.S. Army Corps of Engineers for approval. f.) Pdor to construction activibes on any portion of the maligned West Ballway, a qualified biologist shall be hired to prepare a wildlbe migration onrridor maintenance plan. The wildlife migration (xxndor mai~tonance plan shall be submitted kx review and approval to the City of Bakersfield and the Califomla Depa~ment of Fish and Game. g.) Prior to cons~uclJon activities on any poriton of the realigned West Beitway, a qualibed biologist shall be hired to prepare a raptor avoidance plan. The reptor avoidance plan shall be submitted for review and approval to the City of Babersrreld and the California Department of Fish and Game. S:iGPA 4th Qtr 2003103-11711Mit Monitoring. doc Page 2 of 2 ORIGINAL