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HomeMy WebLinkAboutRES NO 21-90RESOLUTION NO. 21-90 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS, APPROVING NEGATIVE DECLARATION WITH MITIGATION MEASURES AND APPROVING SEGMENT II OF PROPOSED AMENDMENT TO THE LAND USE ELEMENT OF THE BAKERSFIELD METRO- POLITAN AREA GENERAL PLAN (LAND USE AMENDMENT 4-89). WHEREAS, the Council of the City of Bakersfield referred Segment II of a proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakers- field, in accordance with the provisions of Section 65353 of the Government Code, held a public hearing on December 21, 1989, on Segment II of a proposed amendment to the Land Use Element of the General Plan, netice of the time and place of hearing having been given at least ten (10) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, such Segment I[ of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan is as follows: SEGMENT II The CITY OF BAKERSFIELD POLICE DEPARTMENT requests an amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan from Open Space to Public Buildings on 7.22 acres located on the south side of Casa Loma Drive alignment, approximately 600 feet east of South Mt. Vernon Avenue. Concurrent rezoning request is from A (Agriculture) to M-1 (Light Manufacturing), or more restrictive zone. The applicant proposes to construct a police training center including pistol range, multiple purpose and office build- ings and training fields; and ORIG{NA[ WHEREAS, for the above-described Segment, an Initial Study was conducted, and it was determined that the proposed pro- ject would not have a significant effect on the environment, and a Negative Declaration was prepared; and WHEREAS, the law and regulations relating to the prepa- ration and adoption of Negative Declarations as set forth in CEQA and City of Bakersfield Resolution No. 107-86 have been duly fol- lowed by the City staff and the Planning Commission; and WHEREAS, by Resolution No. 44-89 on December 21, 1989, the Planning Commission recommended approval and adoption of Segment II subject to conditions by this Council 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, MARCH 7, 1990, on the above-described Segment II of the proposed amendment to the Land Use Element of the Bakersfield Metropolitan Area General Plan, notice of time and place of the hearing having been given an least ten (10) calendar days before the hearing by pub- lication in the Bakersfield Californian, a local newspaper of general circulation. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings, incorporated herein, are true and correct. 2. The Negative Declaration for Segment II approved and adopted with mitigation measures listed in the attached Exhibit 3. Public necessity, convenience, general welfare and good planning practice justify the proposed General Plan Amend- ment, as conditioned below. 4. Proposed General Plan Amendment will be compatible with future development in surrounding areas and development on the project area. 5. 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. - 2 - 6. The City Council hereby approves and adopts Segment II of proposed amendment to the Land Use Element, constituting a change from Open Space to Public Buildings generally located on the south side of Casa Loma Drive alignment, approximately 600 feet east of South Mt. Vernon Avenue, as shown on map attached hereto as Exhibit "B", subject to the condition of approval listed below: Contractors shall be informed in writing that potential cultural resources could be unearthed during construction and that, in such a case, all work should be ceased and the California Archaeological Inventory, Southern San Joaquin Valley Information Center at California State University, Bakersfield should be consulted. 7. That Segment II, approved herein, be combined with other approved segments described in separate resolutions, to form a single Land Use Element Amendment, GPA 4-89. .......... o0o .......... - 3 - 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 MAR 7 ~0 , by the following vote: AYES: COUNCILMEMBERS: EDWARDS. DeMOND. SMITH. BRUNNI, PETERSON. McDERMOTT, SALVAGGIO NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS Nc','JJ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED MAR 7 1~0 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. S~AALF~LDI !~ C TY ATTOR .Y of AJS/meg Attachment Exhibit "A" Exhibit "E" G GPA 4 4-89SEG2.1 2/27/90 Bakersfield EXHIBIT "A" MITIGATION MEASURES INCLUDED IN THE NEGATIVE DECLARATION GPA 4-89, SEGMENT II and ZONE CHANGE 4951 The following mitigation measures are included in the Negative Declaration in order to avoid potentially significant adverse effects resulting from the proposed project, or to reduce the effects to less than significant levels. 1. Plant Life Impact: There maybe a reduction in agricultural crop land. Mitigation: The city has already purchased 140 acres of land to replace the acreage developed for the proposed police training facility and other land used for the agricultural center located near South Mt. Vernon and East Belle Terrace. The replacement land is located south of Panama Lane, west of the South Mt. Vernon Avenue alignment (commonly known as Panama No. 8 annexation). The 140 acres put into agricultural crop land would be a net gain of 98 acres when compared to the 42 +/-acres developed for the agricultural center (35 acres) and police training facility ('7 +/- acres). 2. Animal Life Impact: There may be a change in diversity of species or number of species of animals on the project site. Mitigation: The City of Bakersfield is currently involved in development of a Habitat Conservation Plan (HCP). The plan will be used to apply for a Section 10(a) permit from the U.S. Department of the Interior Fish and Wildlife Service. The plan will address impacts and mitigation with respect to protected plant and animal species and urban development. The proposed project is required to comply with the HCP. 3. Transportation/Circulation Impact: There is no improved access to the project site. Construction vehicles and facility patrons would now access the project site on a dirt road along the Casa Loma Drive alignment. The television microwave antenna towers encroach 20 feet into the Casa Loma Drive alignment right-of-way. Mitigation: Construct Casa Loma Drive from Mr. Vernon Avenue to the east 'boundary of the project area. The street sec- tion shall consist of a pavement section 24' wide along a new alignment approved by the City Engineer. The alignment will allow for a full 110' right-of-way adjacent to an existing micro- wave antenna located west of the project area. Casa Loma Drive shall be constructed concurrently with the initial development and shall be completed prior to occupancy of the facility. (Public Works Department/Planning) EXHIBIT A Exhibit "A" GPA 4-89, Segment Page 2 4. Risk of Upset and Human Health Impact: There may be a risk of upset health from the use of ammunition or other ment training exercises. or hazard to human armory in law enforce- Mitigation: Appropriate fire safety and law enforcement agencies shall be involved in planning and operating the facility and training exercises. p/srs2ea GENERAL PLAN AMENDMENT 4-89, SEGMENT !! Z z CASA LOMA OPEN SPACE T.V. MICROW/~E ANTENNA EAST !RRIGATION 5-'TORAGE RESERVOIR CELL NO, I DRIVE FROM OPEN SPACE 7D PUBLIC BUILDINGS EAST IRRIGATION STORAGE RESERVOIR CELL NO. 2 OPEN SPACE 0 300 SCALE ~ FEET OPEN SPACE OPEN SPACE CiTY OF BAKERSFIELD POLICE DEPARTMENT 10 T30S, R28E 118905 EXHIBIT B