HomeMy WebLinkAboutRES NO 53-00RESOLUTION NO. ~ 8 "' 0 0
RESOLUTION TRANSMITTING THE SOUTH BELTWAY
GENERAL PLAN AMENDMENT P98-0760 OF PROPOSED
AMENDMENT TO THE CIRCULATION ELEMENT OF THE
METROPOLITAN BAKERSFIELD 2010 GENERAL PLAN
AND THE SOUTH BELTWAY TRANSPORTATION
CORRIDOR PROJECT SPECIFIC PLAN LINE TO KERN
COUNTY BOARD OF SUPERVISORS FOR FURTHER
REVIEW, HEARING AND CONSIDERATION
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, February 14, 2000 and THURSDAY, February 17, on General Plan Amendment
P98-0760 of a proposed amendment to the Circulation Element of the General Plan and the
South Beltway Transportation Corridor Specific Plan Line, notice of the time and place of
hearing having been given at least twenty (20) calendar days before said hearing by publication
in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment P98-0760 of the proposed amendment
to the Circulation Element of the Metropolitan Bakersfield 2010 General Plan and the South
Beltway Transportation Corridor Specific Plan Line are as follows:
General Plan Amendment P98-0760
The City of Bakersfield, County of Kern and the Kern Council of Governments
have applied to amend the Circulation Element of the Metropolitan Bakersfield
2010 General Plan consisting of adopting a new freeway alignment/specific plan
line for the proposed freeway connecting State Route-58 and Interstate-5 and
where the proposed alignment will be approximately 26 miles in length and 300
feet wide and will accommodate a six lane freeway, east-west in orientation,
extending from State Route-58 in the east to Interstate~5 in the west, crossing
through central Kern County and the southern portion of Metropolitan
Bakersfield, and where the existing freeway alignment will be deleted as shown
on the current Circulation Element being located between Panama Lane on the
north, between Hosking Road/McCutcheon Road to the South, between
Interstate-5 to the west and Vineland Road to the east, and along Vineland Road
between Panama Lane to the South and State Route-178 to the north:
South Beltway Transportation Corridor Specific Plan Line
The City of Bakersfield, County of Kern and the Kern Council of Governments
have applied to adopt the South Beltway Transportation Corridor Specific Plan
Line, a 300 foot wide right-of-way, approximately 26 miles in length, east-west in
orientation, extending from State Route-58 in the east to Interstate-5 in the west
crossing through central Kern County and the southern portion of Metropolitan
Bakersfield; and
OR~GtNAL
WHEREAS, the Planning Commission considered eight alternative alignments
for the amendment to the Circulation Element amendment of the Metropolitan Bakersfield 2010
General Plan and the South Beltway Transportation Corridor Specific Plan Line, and
recommended the Planning Commission Recommended Alignment to the City Council; and
WHEREAS, the Planning Commission Recommended Alignment is generally
located as follows:
Planninq Commission Recommended Aliqnment
Beginning at I-5 then easterly along Taft Highway/State Route 119 to
approximately one-half (1/2) mile west of the Taft Highway/State Route 119-
Buena Vista Road intersection, then southeasterly approximately two miles to
Progress Road, approximately three-fourth (3A) mile south of the Taft
Highway/State Route 119-Progress Road intersection, then easterly
approximately two and one-half miles to Stine Road, then southeasterly
approximately three-fourth (3A) mile to Engle Road approximately one-fourth
(1/4) mile west of the Engle Road-Wible Road intersection, then easterly
approximately one and one-half (1 Y2 ) miles along the Engle Road/DiGiorgio
Road alignment to approximately one-quarter (~) mile east of South "H" Street,
then northeasterly approximately one (1) mile to approximately one-quarter (¼)
mile south of Curnow Road, then easterly approximately one and one-half (1 Y2 )
miles to the Adobe Road alignment (extended), then northeasterly approximately
one (1) mile to the Panama Road-Oswell Street Alignment (extended)
intersection, then northerly approximately two and one-half (2 Y~ ) miles along the
Oswell Street Alignment (extended) to approximately one-half (~) mile south of
the Oswell Street Alignment (extended)-Hermosa Road alignment (extended)
intersection, then northeasterly approximately four (4) miles to approximately
one-quarter (1/4) mile west of the Muller Road-South Edison Road intersection,
then easterly along MulIer Road approximately two (2) miles to Comanche Drive,
then northerly approximately one (1) mile along Comanche Drive to State Route-
58.
WHEREAS, the City of Bakersfield is the Lead Agency for the project and
the County of Kern is the Co-Lead Agency; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental ~mpact Reports as set forth in CEQA and the City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by the city staff, Planning Commission
and City Council; and
WHEREAS, current oil and gas exploration and production, and the potential for
future oil and gas exploration and production, exists within and adjacent to the future corridor of
the South Beltway; and
WHEREAS, Section 17.55.030 of the Bakersfield Municipal Code imposes
certain construction restrictions within any adopted specific plan line, specifically including wells
and other improvements; and
WHEREAS, Section 17.55.020 of the Bakersfield Municipal Code allows
adoption of a resolution accompanying a specific plan line to act as an amendment of Chapter
17.55 of the Bakersfield Municipal Code; and
WHEREAS, the City Council intends to adopt an ordinance amending Section
17.55.030 of Chapter 17.55 of the Bakersfield Municipal Code to assure that permitted uses are
not inadvertently prohibited in the South Beltway Specific Plan Line, and specifically to exempt
oil and gas related used from the restrictions contained in Section 17.55.030 of the Bakersfield
Municipal Code; and
WHEREAS, Notwithstanding Chapter 17.55 of the Bakersfield Municipal Code,
(a) oil and gas related uses, both surface and subsurface, that are permitted as a matter of right
shall be allowed to be established, to continue and to be enlarged even though they may be
located within the designated corridor of the South Beltway, (b) if an oil and gas related use is
currently allowed by zoning within portions of the designated corridor of the South Beltway, the
use(s) shall continue to be permitted after adoption of the South Beltway Specific Plan Line,
and (c) this resolution is intended to act as recommended amendment of Chapter 17.55 of the
Bakersfield Municipal Code, specifically to exempt oil and gas related uses from the restrictions
contained in Section 17.55.030 (A) of the Bakersfield Municipal Code; and
WHEREAS, on December 14 and 17, 1998, January 4 and 7, 1999, and
December 13 and 16, 1999, the Planning Commission conducted public hearings on the Draft
EIR, General Plan Amendment P98-0760 (Circulation Element) and the South Beltway
Transportation Corridor/Specific Plan Line; and
WHEREAS, on January 7, 1999, the Planning Commission directed staff to
prepare an additional environmental evaluation for an additional alternative alignment located
south of Taft Highway; and
WHEREAS, on December 14 and 17, 1998, January 4 and 7, 1999, December
13 and 16, 1999, and February 14 and 17, 2000 the Planning Commission conducted public
hearings on General Plan Amendment P98-0760 (Circulation Element) and the South Beltway
Transportation Corridor/Specific Plan Line; and
WHEREAS, in order to provide greater public participation, property owners
within one-half mile of the preferred and alternative alignments, were noticed individually of the
availability of the Draft Environmental Impact Report (DEIR), and the public hearings which
were conducted on December 14 and 17, 1998, January 4 and 7, 1999, and December 13 and
16, 1999; and
WHEREAS, on February 17, 2000, the Planning Commission considered and
recommended approval of General Plan Amendment P98-0760 and the South Beltway
Transportation Corridor/Specific Plan Line; and
WHEREAS, on February 17, 2000, the Planning Commission considered and
amended the "new preferred alignment" and such amended alignment is known as the
"Planning Commission Recommended Alignment"; and
O~IGINAL
WHEREAS, in order to provide greater public participation, property owners
within one-half mile of the "new preferred alignment" were noticed individually of the public
hearings which were conducted on February 14 and 17, 2000; and
WHEREAS, those property owners affected by the "Planning Commission
Recommended Alignment"are located within the one-half mile notification radius of the "new
preferred alignment" and received notification of the February 14 and 17, 2000 public hearing
notice; and
WHEREAS, the Final EIR for General Plan Amendment P98-0760 and the South
Beltway Transportation Corridor/Specific Plan Line was prepared in accordance with CEQA
Guidelines Section 15132; and
WHEREAS, the City Council of Bakersfield, in accordance with the provisions of
Section 65355 of the Government Code, conducted and held a public hearing on
WEDNESDAY, May 24, 2000, on the above-described General Plan Amendment P98-0760 of
the proposed amendment to the Circulation Element of the
Metropolitan Bakersfield 2010 General Plan and the South Beltway Transportation Corridor/
Specific Plan Line, 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 Californiaq, a local
newspaper of general circulation; and
WHEREAS, the Old preferred Alignment/Hosking Road Alignment would have
the greatest amount of adverse environmental impacts to property owners including social
disruption and economic stress to existing and future home owners and to existing and future
development; and
WHEREAS, such social disruption and economic stress impacts of the Old
Preferred Alignment/Hosking Road Alignment include but are not limited to the following:
(1)
Transversing an area of the city developing to urban type land uses
including but not limited to single-family dwellings, a high school, a
planned high school, an elementary school and a community center; and
(2)
Displacement of 60 to 70 homes, displacement of 235 to 270 persons,
disruption of neighborhood cohesion, and generation of traffic noise
impact on existing and future development; and
WHEREAS, because of the social disruption and economic stress impacts
brought about by the Old Preferred Alignment/Hosking Road Alignment, such alignment should
not be considered as a future alignment for the South Beltway; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Environmental Impact Reports as set forth in CEQA and the City of Bakersfield's CEQA
Implementation Procedures, have been duly followed by City staff and the City Council; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
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The report of the Planning Commission, including the Final
Environmental Impact Report and Statement of Overriding
Considerations for General Plan amendment P98-0760 and the South
Beltway Transportation Corridor/specific Plan Line and maps, reports
and papers relevant thereto, have been delivered by the Secretary of the
Planning Commission to the City Council, and are incorporated herein by
this reference.
2. All required public notices have been given.
been followed.
The provisions of the California Environmental Quality Act have
4. Notwithstanding Chapter 17.55 of the Bakersfield Municipal Code, (a) oil
and gas related uses, both surface and subsurface, that are permitted as a matter of right shall
be allowed to be established, to continue and to be enlarged even though they may be located
within the designated corridor of the South Beltway, (b) if an oil and gas related use is currently
allowed by zoning within portions of the designated corridor of the South Beltway, the use(s)
shall continue to be permitted after adoption of the South Beltway Specific Plan Line, and (c)
this resolution is intended to act as recommended amendment of Chapter 17.55 of the
Bakersfield Municipal Code, specifically to exempt oil and gas related uses from the restrictions
contained in Section 17.55.030 (A) of the Bakersfield Municipal Code.
5. The proposed South Beltway Transportation Corridor is compatible
with both existing and proposed land uses.
6. The proposed South Beitway Transportation Corridor is compatible
with the Metropolitan Bakersfield 2010 General Plan.
7. The proposed type and location of the South Beltway
Transportation Corridor is consistent with level of circulation access needed to reduce traffic
congestion on local transportation routes.
NOW, THEREFORE, BE IT RESOLVED and found by the City Council of Bakersfield as
follows:
1. The above recitals and findings incorporated herein, are true and correct.
The report of the Planning Commission, including maps, and the Final
Environmental Impact Report and Statement of Overriding Considerations for
General Plan amendment P98-0760 and the South Beltway Transportation
Corridor/specific Plan Line and reports and papers relevant thereto, transmitted
by the Secretary of the Planning Commission to the City Council, are hereby
received, accepted and approved.
5
The City Council has considered and hereby transmits, to the Kern County Board
of Supervisors for further review, hearing and consideration the City Council
recommended alignment for General Plan Amendment P98-0760 of the
proposed amendment to the Circulation Element of the Metropolitan Bakersfield
2010 General Plan, constituting changes as shown on the map marked Exhibit
"A", and deletion of the existing proposed freeway alignment as shown on the
Circulation Element of the Metropolitan Bakersfield 2010 General Plan adopted
March 7, 1990.
......... 000
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by
the CounciIMA¥of the2 4:Citv~f~0~ Bakersfield .,atbya theregular followingmeetingvote:there°f held on
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER ON}ONI~'
COUNCILMEMBER ~I O N ~
COUNCILMEMBER N O
CITY CLERK and Ex Officio C~/~k of the
Council of the City of Bakersfiel~r
APPROVED MAY :~4 Z000
Bq~PRICE
MAYOR of the City of Bakersfield
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
S:\Dole\SB~ACC GPA SPL Res 3 13 00.wpd
June 2, 2000 (12:59PM)
6
ORIGINAL
............ South Beltway
~ Alignment
EXHIBIT "A;' -,-.~e~
PLANNING COMMISSION RECOMMENDED ALIGNMENT ~