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Home My WebLink AboutRES NO 286-04 RESOLUTION NO. 2 8 {~ ' 0 '~ A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 03-0368 OF THE PROPOSED AMENDMENT TO THE COMPREHENSIVE CIRCULATION MAP AND BIKEWAY MASTER PLAN OF THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED GENERALLY SOUTH OF STOCKDALE HIGHWAY, ALONG THE RENFRO ROAD ALIGNMENT, AND WEST OF RENFRO 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 THURSDAY, NOVEMBER 3, 2004, on GPA 03-0368 of the proposed amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, GPA 03-0368, a requested amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 03-0368. Castle and Cooke California, Inc. has proposed an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan to: 1) delete the East-West Collector at the mid-section line of Section 3, T.30S., R26E., located parallel to and south of Stockdale Highway, for a distance of one half mile west of Renfro Road; 2) add a North- South Collector (660 feet in length) on the south side of Stockdale Highway, approximately 990 feet east of the mid-section line of Section 3, T.30S., R.26E.; 3) amend Renfro Road from an Arterial to a Collector from Stockdale Highway to Culiacan Avenue; and 4) delete the Renfro Road Arterial designation from Culiacan Avenue to Ming Avenue. In conjunction with the proposed circulation element amendment, the City of Bakersfield is proposing to amend the Bikeway Master Plan to 5) remove the Class 2 Bike Lane designation along Renfro Road from Culiacan Avenue to Ming Avenue; 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, and, therefore, a Negative Declaration was prepared and posted on August 23, 2004, 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. 128-04 on September 23, 2004, the Planning Commission approved Case No. GPA 03-0368, as shown in Exhibit "A" and Exhibit "B", and this ORIGINAL 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, November 3, 2004, on the above described Case No. GPA 03-0368 of the proposed amendment to the Comprehensive Circulation Map and Bikeway Master Plan of 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. 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. 3. The Negative Declaration for GPA 03-0368 is hereby adopted. The City Council hereby approves and adopts Case No. GPA 03-0368 of the proposed amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element of the Metropolitan Bakersfield General Plan, constituting changes as shown on the maps marked Exhibit "A" and Exhibit "B", with conditions of approval as provided in Exhibit "C", attached hereto and incorporated as though fully set forth, for circulation element designations located south of Stockdale Highway, along the alignment of Renfro Road, and west of Renfro Road. 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 November 3, 2004, by the following vote: NOES: ABSTAIN: ABSENT: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, ~lC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Mayor of hte City of Bakersfieldf APPROVED as to form: VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Comprehensive Circulation Map Amendment Exhibit B - Bikeway Master Plan Amendment Exhibit C- Conditions of Approval %RIGINA~ ............................................ HEATH ROAD EXHIBIT A i z? SOUTH RENFRO ROAD i i ITl i ALLEN ROAD EXHIBIT B ;;x; ITl mz ZO~ EXHIBIT C GENERAL PLAN AMENDMENT 03-0368 CONDITIONS OF APPROVAL With the first development adjacent to Renfro Road, the developer shall obliterate the excess street improvements on Renfro Road. S:\GPA 3rd 2004~)3-0368~93-0368~Cond rdons of Appmval,d(:c ]