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