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HomeMy WebLinkAboutRES NO 044-04 RESOLUTION NO. 0 Zl. 4" 0 ~: A RESOLUTION MAKING FINDINGS, ADOPTING NEGATIVE DECLARATION AND ADOPTING SPECIFIC PLAN LINE NO. 03-1171, PURSUANT TO CHAPTER 17.55 OF THE ORDINANCE CODE, TO ESTABLISH 210 FEET OF PLANNED RIGHT-OF-WAY FOR A PORTION OF THE WEST BELTWAY REALIGNED UNDER GPA NO. 1171, 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 the proposed Specific Plan Line No. 03-1171, pursuant to Chapter 17.55 of the Ordinance Code, to establish 210 feet of planned right-of-way for a portion of the West Beltway realigned under GPA No. 03-1171, notice of the time and place of hearing having been given thirty (30) calendar days before said hearing by publication in the Bakersfield Cah'[ornian, a local newspaper of general circulation; and WHEREAS, Specific Plan Line No. 03-1171, pursuant to Chapter 17.55 of the Ordinance Code, is as follows: Castle and Cooke California, Inc. has proposed a Specific Plan Line, pursuant to Chapter 17.55 of the Ordinance Code, to establish 210 feet of planned right-of- way for a portion of the West Beltway realigned under GPA No. 03-1171, 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. 175-03 on December 18, 2003, the Planning Commission approved Specific Plan Line No. 03-1171, as described in Exhibit "A" and Exhibit "B", 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 Specific Plan Line No. 03-1171, pursuant to ORIGI~J~L No. 03-1171, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road, 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 Specific Plan Line No. 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 Specific Plan Line No. 03-1171, pursuant to Chapter 17.55 of the Ordinance Code, to establish 210 feet of planned right-of-way for a portion of the West Beltway realigned under GPA No. 03-1171, beginning approximately 700 feet north of Stockdale Highway and extending to Pacheco Road, as described in Exhibit "A" and Exhibit "B", with conditions of approval/mitigation measures as provided in Exhibit "C". The Mitigation Monitoring and Reporting Checklist as provided in Exhibit D is hereby adopted. ......... 000 ........ 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 ABSTAIN: ABSENT: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN COUNCILMEMBER COUNCILMEMBER_ COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED FEB 2'5 2004 APPROVED as to form: VIRGINIA GENNARO City Attorney By: Exhibits Attached: Exhibit A - Specific Plan Line Legal Description Exhibit B - Specific Plan Line Map Exhibit C - Conditions of Approval/Mitigation Measures Exhibit D - Mitigation Monitoring and Reporting Checklist ORIGINAL EXHIBIT A 210' WIDE WEST BELTVVAY ALIGNMENT ALL THOSE PORTIONS OF SECTIONS 3, 10, 14, AND 15, TOWNSHIP 30 SOUTH, RANGE 26 EAST, AND SECTION 34, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MDM., COUNTY OF KERN, STATE OF CALIFORNIA, BEING A 210.00-FOOT WIDE STRIP OF LAND LYING 105.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE, AS SHOWN ON RECORD OF SURVEY BOOK 17, PAGE 97 IN THE OFFICE OF THE KERN COU.NTY RECORDER; THENCE N.71°55'05"E., 2389.05 FEET TO THE POINT OF BEGINNING; THENCE S.00°35'43~N., 6378.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°48'56' AN ARC DISTANCE oF 1351.70 FEET; THENCE S.25°13'13"E., 5277.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28°52'58' AN ARC DISTANCE OF 1512.30 FEET; THENCE S.54°06'11"E., 913.76 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF3000.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 55001'4T' AN ARC DISTANCE OF 2881.35 FEET; THENCE S.00°55'36'~N., 3.73 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 14. THE SIDELINES OF SAID 210.00-FOOT WIDE STRIP OF LAND SHALL BE LENGTHENED OR SHORTENED SO AS TO BEGIN AT THE CENTERLINE OF THE ADOPTED KERN RIVER FREEWAY ALIGNMENT, AND TERMINATE AT THE SOUTH LINE OF SAID SECTION 14. 6811.1 l\legals\newbeltway4.doc\jfk\NOV. 25, 2003 I. dOj .~.~'~'-~;.¢~ [ ; BE*INNING EXHIBIT ~i~i'~ ', EXIST. ~EClRC ~ I ~ ,., ~ PLAN LINE ~ II I: ~ ~ J I ~ ~ST~BEL~AY I ~ ~,~ .~ /~ ~ COUN~ I ~/' Il _~S89'241T'E ~ -- ,,. ~-Z a~ ~g":' ';t~;~C 11, 30/2~ I CURVE DATA Cl ' c~Nw ~(~ ~O, ~;~, '-. ~ ~=3ooo. oo' - ~ ~ X .~:'::.~.. L=1351.70' '~X~ ' ~~ ' '"~ ~'/' ~'~ /=ug/.u~ ~ST BEL~AY '," '~ ~ ~ ~X APPR~A~ CURVE DATA C2 ~ ~ ~/ '-. ~bLA~ON .... ~ ?;'~ ~'~ "~+L ....... L=lblZ.SU ~/- t'~- / .~ .h - ,r T=772.59 _~ WHITE LANE ~ ./' ..~b-' ~J' '.. ',: -- - '~ ~ ~',~, ' ' '. ' CUR~ DATA C3 ~-~- ' .~,' '1' R:5000. O0' 30/26 , / %'~ ~.¢?<;- ',1;~ .. ~ ~-. --, ~.~ ~/~D~o~ ~% ----~--~;--/~---r r .......... ~ ' _~7~.-'~ ~ r 91576 ~:~. ~V'I' ~, / I ', ~IV ~ ) 1TM k .%/ '~STBEL~AY . . _ ~~~ a. Ta' ~i' '~:~ ~ ~c.~ ~ I s~c. ,ao/~ I ~s~ ~~l~)~, SCALE: 1 =2000 ~: 68H.11(~) DA~: 11/25/0~ Cas[le & Cooke California, Inc. FILE ~: I~llEM02 DON~ EXHIBIT MAP ~10' WIDE WEST BELTWAY ALIGNMENT ORIGINAL EXHIBIT C SPECIFIC PLAN LINE NO. 03-1171 CONDITIONS OF APPROVAL/MITIGATION MEASURES 1.) 2.) ARCHAEOLOGICAL RESOURCES a.) Prior to construction activities on any portion of the Specific Plan Line, 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 Qff 2003~03-1171~xh~bit Conditions SPL.doc ORIGIN,~,L 3.) d.) Prior to construction activities on any portion of the Specific Plan Line, 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 Specific Plan Line, a qualified biologist shall be hired to prepare a wildlife migration corddor 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 Specific Plan Line, 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. ORIGIN&L EXHIBIT D Specific Plan Line No. 03-1171 Mitigation Monitoring and Reporting Checklist No. VERIFICATION OF COMPLIANCE Monitoring and Party Miltgation Monsum Repo~ng Monitoring Respeosibld Process Milestone for Monitoring Initials Date Remarks 1 ARCHAEOLOGICAL RESOURCES: Construction Construction Publtc Works Review Approval Deparlment a.) Prte~ to cons~clion activr~es on any podion of the Specific Plan Line, a quaifited arcflaeol~gist shall be hired to conduct a comprehensive archaeological survey for the no~ hait of Sec~on 3, T.30~. R26E., MDBM, after all a'ngs have been harvested and no new c~ngs have been planted. The arcbeeolo¢cst survey shall be submitted to the City of Bakere~ld. b.) If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall halt in the area of ~e find and a qualified archaeologist shall be hired to assess the resource. The archaeological assessment shall be submitted to the City of 8akemfieifi. BIOLOGICAL RESOURCES: 2 a.) Thirty (30) days prior to any ground disturbance activities, a qualified bbk:gist shall be hired to conduct a ctearance sunrey on the pmjeot site in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. The biologist hired to conduct the ctearence survey shall prepare a written relxxl on the respite of said survey. The report shall be subrnated to the City of Bakersfield prior to any ground disturbance acavifies. b.) Prior to any construction acltvihes, a quaifilad biologist sbe~l be hired to train all construction personnel on how to identify the San Jonquin kit fox and signs. Any evidence, such as dens, s~ifl be avoided and reported to the reviewing agencies for resolution. The biolngist hired to conduct the training shall submit a written report to the City of Bakersaeld regarding the date on which the instruc~no cocon'ed and the information that was presented to the construction personnel. c.) Prior to constmctinn activilies within the Kern River Primary Fleod Plain, the California Department of Fish and Game shall be contactod regarding any permits or mitigation measures that may be required for such activities. d.) Prior to constructm ac~v~s on any portion of the Spec~ Plan Line, a qualified consultant in the Kid of urisdic~nel wet,rids shall he hired to prepare a report to determine if a Section 404 permit is required for the project. The report shall he presented to the Ci~ of Bakersflald for review and approval Page 1 ~f 2 ORIGINAL EXHIBIT D Cont. Specific Plan Line No. 03-1171 Mitigation Monitoring and Reporting Checklist No. VERIFICATION OF COMPLIANCE Monitoring and Par[¥ Mi~gaifon Measure Rapon'ing Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks e,) ~f a Bac~ion 404 permit is required, a qualified consu~nt in Construction Construction Public Wonks the field of jurisdictional we~ands shall pe hked to prppare a plen Review Approval Department for meeting all of the Section 404 permitting requiremante. The plan shall first be submitted to the City of Bakersfield for review and approval. Once approved by the City of Bakers~lcl, the Plan onri onrreq)ondleg Secifon 404 permit application shall be submitted to the U.S. Am~y Co[ps of Engineers for approval. f.) Prior to construction activilies on any potion of the Specific Plan Line, a qualihed bioisgist shall be hired to prepare a wildlife migration onnidor maintenance plan. The wildlife migra~,o~ corridor maintenance plan shall be submitted for review and approval to the City of Bakersfield and the Colifomla Deperlmant of Fish and Game. g.) Pd(x to construc~on activities on any por~on of the Specific Plan Line, a qualified biologist shall be hired to prepare a raptor avoidance plan. The raptor avoidance plan si,all be submitted for review and approval to the City of Bakersiekl and the California Deperlment of Fish and Game. S: 1GPA 4th Orr 2003t03-1171 tMit Monit~fng. doc Page 2 of 2 ORIGIN~,L