The URL can be used to link to this page

Home My WebLink AboutRES NO 289-04RESOLUTION NO. :~ ~ 9 - 0 4 A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT CASE NO. GPA 04-0878 OF THE PROPOSED AMENDMENT TO THE COMPREHENSIVE CIRCULATION MAP AND BIKEWAY MASTER PLAN OF THE CIRCULATION ELEMENT, AND SPECIFIC PARKS AND TRAILS PLAN FOR NORTHEAST BAKERSFIELD, OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN, LOCATED WEST OF MASTERSON STREET, BETWEEN PALADINO DRIVE AND HWY 178. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the provisions of Section 85353 of the Government Code, held a public hearing on THURSDAY, NOVEMBER 3, 2004, on GPA 04-0878 of the proposed amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element, and Specific Parks and Trails Plan for Northeast Bakersfield, of the Metropolitan Bakersfield General Plan, notice of the time and place of hearing having been given twenty (30) calendar days before said hearing by publication in the Bakersfield Californian., a local newspaper of general circulation; and WHEREAS, GPA 04-0878, a requested amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element, and Specific Parks and Trails Plan for Northeast Bakersfield, of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment No. 04-0878. Mountain View Bravo, LLC (cio Pinnacle Engineering) has proposed an amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element, and Specific Parks and Trails Plan for Northeast Bakersfield, of the Metropolitan Bakersfield General Plan to: 1) delete the Collector designation in the north half of Section 17, T.29S., R.29E., M.D.B.M., between Paladino Drive and Panorama Drive; 2) extend the Arterial designation for Vineland Road from Highway 178 to Panorama Drive; 3) change the alignment of the Collector designation in the south half of Section 17, T.29S., R.29E., M.D.B.M., 4) delete the Class 2 Bike Lane designation in the north half of Section 17, T.29S., R.29E., MD.B.M., between Paladino Drive and Panorama Drive; 5) designate a Class 2 Bike Lane along the alignment of Vineland from Highway 178 to Paladino Drive, and 6) change the alignment of the Class 2 Bike Lane in the south half of Section 17, T.29S., R.29E., MD.BM., to follow the alignment of the proposed Collector; 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 16, 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 ORIGINAL WHEREAS, by Resolution No. 129-04 on September 23, 2004, the Planning Commission approved Case No. GPA 04-0878, as shown 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, November 3, 2004, on the above described Case No. GPA 04-0878 of the proposed amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element, and Specific Parks and Trails Plan for Northeast Bakersfield, 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 04-0878 is hereby adopted. The City Council hereby approves and adopts Case No. GPA 04-0878 of the proposed amendment to the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element, and Specific Parks and Trails Plan for Northeast Bakersfield, 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 and bikeway amendments in the City in the Hills project site. 2 m ORIGINAL 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: ABSTAIN: ABSENT: COUNCILMEMBER BENHAM, CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIVAN COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY,~I~'~IC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Comprehensive Circulation Map Amendment Exhibit B - Bikeway Master Plan & Specific Parks and Trails Plan for Norlheast Bakersfield Amendments Exhibit C - Conditions of Approval 3 ORIS!NAL MORNING DRIVE VINELAND ROAD QUEEN STREET MASTERSON ST. I z~5 EXHIBIT C GENERAL PLAN AMENDMENT 04-0878 CONDITIONS OF APPROVAL PUBLIC WORKS In order to eliminate the collector status of Vineland Road between Paladino Drive and Panorama Drive, an arterial shall be installed on the Queen StreetNineland alignment and connect to SR 178. 2. The existing collector south of Panorama Drive to Vineland shall be re-aligned. Access to the arterial streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. A full access opening will only be considered if the developer funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. The developer shall be responsible for installation of traffic signals at the intersections of: a) Panorama Drive and Vineland Road (RTIF project, fee credits would be appropriate). b) Panorama Drive and the re-aligned Collector. c) Vineland Road and the re-aligned Collector. d) Paladino Drive and Vineland Drive (relocated RTIF project - this signal should be shifted to this location from the deleted Collector intersection with Paladino Dr, fee credits would be appropriate). S:~GPA 3rd 2004~04-0878~CondilJons of Approval.doc °ORIGINA~