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 ~ --
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~=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
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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