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HomeMy WebLinkAboutRES NO 292-04RESOLUTION NO. ~ g ~, -, 0 4 A RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT/SPECIFIC PLAN LINE CASE NO. GPA 04-1037 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 AND SPECIFIC PLAN LINE, PURSUANT TO CHAPTER 17.55 OF THE MUNICIPAL CODE, FOR THE REALIGNED SEGMENTS OF AUBURN STREET AND MORNING DRIVE AND PLANNED RIGHT-OF-WAY FOR AN INTERCHANGE AT MORNING DRIVE AND HIGHWAY 178. WHEREAS, the Planning Commission of the City of Bakersfield in accordance with the previsions of Section 65353 of the Government Code, held a public hearing on THURSDAY, NOVEMBER 3, 2004, on GPA 04-1037 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 Bakerefield of the Metropolitan Bakersfield General Plan and Specific Plan Line, pursuant to Chapter 17.55 of the City of Bakerefield Municipal Code, for the realigned segments of Auburn Street and Morning Drive and planned right-of-way for an intemhange at Morning Drive and Highway 178, 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/SPL 04-1037, 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 Bakerefield Generel Plan and Specific Plan Line, pureuant to Chapter 17.55 of the City of Bakersfield Municipal Code, for the realigned segments of Auburn Street and Morning Drive and planned right-of-way for an interchange at Morning Drive and Highway 178, is as follows: General Plan Amendment/Specific Plan Line No. 04-1037. The City of Bakerefield is proposing to amend the Comprehensive Circulation Map and Bikeway Master Plan of the Circulation Element and Specific Parks and Trails Plan for Northeast Bakerefield of the Metropolitan Bakersfield General Plan to realign Morning Drive at Highway 178 and Auburn Street at Morning Drive. The City of Bakersfield is also proposing a Specific Plan Line, pureuant to Chapter 17.55 of the City of Bakerefield Zoning Ordinance, for the realigned segments of Morning Drive and Auburn Street and planned right-of-way for the interchange at Morning Drive and Highway 178; 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 ORIGINAL 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 Nos. 130-04 and 131-04 on September 23, 2004, the Planning Commission approved Case No. GPA/SPL 04-1037, as shown in Exhibit "A', Exhibit "B", and Exhibit "C", 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/SPL 04-1037 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 and Specific Plan Line, pursuant to Chapter 17.55 of the City of Bakersfield Municipal Code, for the realigned segments of Morning Drive and Auburn Street and planned right-of-way for the interchange at Morning Drive and Highway 178, 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 GPAJSPL 04-1078 is hereby adopted. 4. The City Council hereby approves and adopts Case No. GPA/SPL 04-1037 of m 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 and Specific Plan Line, pursuant to Chapter 17.55 of the City of Bakersfield Municipal Code, for the realigned segments of Auburn Street and Morning Drive and planned right-of-way for an interchange at Morning Drive and Highway 178, constituting changes as shown on the maps marked Exhibit "A", Exhibit "B", and Exhibit "C", and more specifically described in Exhibit "D", attached hereto and incorporated as though fully set forth, for the proposed interchange at Morning Drive and Highway 178. ......... O00 ........ 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:  CARSON, COUCH, HANSON, MAGGARD, SALVAGGIO, SULLIV AN/' COUNClLMEMBER BENHAM. COUNC LMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER HARVEY E. HALL [ Mayor of the City of Bakersfield PAMELA A. McCARTHY, C~C 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 Northeast Bakersfield Amendments Exhibit C- Specific Plan Line Exhibit D - Legal Description for Specific Plan Line E~ A MORNING DRIVE ORIGINA~b - -- FAIRFAX RD MORNING DR ~ ZED i" i ~,m ~ -~ ~ ~ m> i :>-< ORIGINAL MORNING DRIVE EXHIBIT C .__,. ~ r,.,o -13 ITl Z ITl VINELAN ORIGINAL EXHIBIT D SPECIFIC PLAN LINE NO. 04-1037 LEGAL DESCRIPTION ALL THAT PORTION OF SECTIONS 13 AND 24, TOWNSHIP 29 SOUTH, RANGE 28 EAST, M.D.M., AND SECTIONS 18 AND 19, TOWNSHIP 29 SOUTH, RANGE 29 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF SA1D SECTION 13; THENCE N 00041'07'' E, A DISTANCE OF 1037.66 FEET ON AND ALONG THE EAST LINE OF SAID SECTION 13 TO THE TRUE POINT OF BEGINNING; THENCE(l) S 89°18'51'' E, A DISTANCE OF 78.00 FEET; THENCE(2) S 01033'40'' E, A DISTANCE OF 106.13 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 534.96 FEET; THENCE(3) SOUTHERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28026'46'', AN ARC DISTANCE OF 265.60 FEET; THENCE(4) S 30000'27'' E, A DISTANCE OF 209.01 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 715.00 FEET; THENCE(5) SOUTHERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 29°36'15'', AN ARC DISTANCE OF 369.43 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 25.00 FEET; Page 1 of 8 OORIGINA~ THENCE(6) SOUTHEASTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF96°53'49",ANARC DISTANCE OF42.28 FEET; THENCE(7) N 82041'59'' E, A DISTANCE OF 84.86 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 415.00 FEET; THENCE(8) EASTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 36°57'51'', AN ARC DISTANCE OF 267.74 FEET; THENCE(9) S 60°20'10'' E, A DISTANCE OF 521.25 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 785.00 FEET; THENCE(10) EASTERLY ON AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°19'39'', AN ARC DISTANCE OF 319.61 FEET; THENCE(II) S 83039'49'' E, A DISTANCE OF 533.10 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE ROUTE 178 AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, DISTRICT 6, ROUTE 178, POST MILE r7.83, SHEETNO. 26; THENCE(12) N 89°47'22'' E, ON AND ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 224.81 FEET; Page 2 of 8 ORIGINAL THENCE (13) THENCE (14) THENCE (15) THENCE (16) THENCE (17) THENCE (18) THENCE (19) THENCE (20) THENCE (21) THENCE (22) S 00°12'38" E, A DISTANCE OF 125.00 FEET, TO A POiNT ON THE CENTERLiNE OF SURVEY OF STATE ROUTE 178 AS SHOWN ON SAID RIGHT OF WAY MAP, SHEET 26; S 00012'38'' E, A DISTANCE OF 126.07 FEET, TO A POiNT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 178 AS SHOWN ON SAID RIGHT OF WAY MAP, SHEET 26; S 84°52'16'' W, A DISTANCE OF 1098.32 FEET; S 66055'43'' W, A DISTANCE OF 34.64 FEET; S 84°07'16'' W, A DISTANCE OF 122.63 FEET; N 87003'45'' W, A DISTANCE OF 87.48 FEET; S 84°52'16'' W, A DISTANCE OF 140.84 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST HAViNG A RADIUS OF 385.00 FEET; SOUTHWESTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59°18'48", AN ARC DISTANCE OF 398.56 FEET; S 07o00'31" W, A DISTANCE OF 82.00 FEET, TO THE BEGINNiNG OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 100.99 FEET; SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 37054'26'', AN ARC DISTANCE OF 66.82 FEET; Page 3 of 8 ORIGINAL THENCE (23) S 40014'08'' W, A DISTANCE OF 331.53 FEET; THENCE (24) S 18°52'52'' W, A DISTANCE OF 287.86 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1445.00 FEET; THENCE (25) SOUTHERLY ALONG SAD CURVE, THROUGH A CENTRAL ANGLE OF 18°17'41'', AN ARC DISTANCE OF 461.39 FEET, TO A POINT ON THE EAST LINE OF THE WESTERLY 55.00 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE (26) N 89024'49'' W, A DISTANCE OF 55.00 FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE (27) N 89024'49'' W, A DISTANCE OF 55.00 FEET, TO A POINT ON THE WEST LINE OF THE EASTERLY 55.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 24, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1555.00 FEET, AND TO WHICH POINT A RADIAL LINE BEARS N 89024'49TM W; THENCE (28) NORTHERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 18°17'41'', AN ARC DISTANCE OF 496.52 FEET; THENCE (29) N 18o52'52'' E, A DISTANCE OF 338.51 FEET; THENCE (30) N 05°31'07" E, A DISTANCE OF 110.11 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 40.00 FEET; Page 4 of 8 m o ~ OF~IC~INAL THENCE (31 ) NORTHWESTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 84°32'26", AN ARC DISTANCE OF 59.02 FEET; THENCE (32) N 79°01'19" W, A DISTANCE OF 200.18 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 600.00 FEET; THENCE (33) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 15042'47'', AN ARC DISTANCE OF 164.55 FEET; THENCE (34) N 63018'32'' W, A DISTANCE OF 535.17 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 923.62 FEET; THENCE (35) WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21°33'59", AN ARC DISTANCE OF 347.65 FEET; THENCE (36) N 84°52'31" W, A DISTANCE OF 749.68 FEET, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE 178 AS SHOWN ON CALIFORNIA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP, DISTRICT 6, ROUTE 178, POST MILE R7.26, SHEET NO. 25. THENCE (37) N 00°12'38'' W, A DISTANCE OF 125.01 FEET, TO THE CENTERLINE OF SURVEY OF STATE ROUTE 178 AS SHOWN ON SAID RIGHT OF WAY MAP, SHEET 25; THENCE (38) N 00012'38'' W, A DISTANCE OF 125.01 FEET, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF STATE ROUTE 178 AS SHOWN ON SAID RIGHT OF WAY MAP, SHEET 25; Page 5 of 8 m %RIGINA? THENCE (39) N 89045'54'' E, ON AND ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 827.38 FEET; THENCE (40) N 86o16'27" E, A DISTANCE OF 312.03 FEET, TO A POINT ON SAID NORTHERLY RIGHT OF WAY LINE; THENCE (41) N 77051'57" E, ON AND ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 558.32 FEET; THENCE (42) N 05°04'16'' E, ON AND ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 97.64 FEET; THENCE (43) S 83°01'50" E, ON AND ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 191.54 FEET, TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 349.00 FEET, AND TO WHICH A RADIAL LINE BEARS S 54°27'26" E; THENCE (44) NORTHERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 27000'46", AN ARC DISTANCE OF 164.54 FEET; THENCE (45) N 13o17'24'' W, A DISTANCE OF 282.72 FEET; THENCE (46) N 12039'02'' W, A DISTANCE OF 242.08 FEET; THENCE (47) N 65°01'57'' W, A DISTANCE OF 24.51 FEET TO THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 955.00 FEET, AND TO WHICH A RADIAL LINE BEARS N 16011'20'' W; Page6of8 ORIGINAL THENCE (48) SOUTHWESTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°11 '15", AN ARC DISTANCE OF 319.82 FEET; THENCE (49) S 54037'25'' W, A DISTANCE OF 223.48 FEET, TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 1445.00 FEET; THENCE (50) WESTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°56'21'', AN ARC DISTANCE OF 906.39 FEET, TO A POiNT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 13, ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF AUBURN STREET; THENCE (51) N 00°33'46" E, A DISTANCE OF 45.00 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHERLY 45.00 FEET OF SAID SOUTHEAST QUARTER, ALSO BEING THE CENTERLINE OF AUBURN STREET; THENCE (52) N 00033'46'' E, A DISTANCE OF 45.00 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTHERLY 90.00 FEET OF SAID SOUTHEAST QUARTER, ALSO BEING THE NORTHERLY RIGHT OF WAY LINE OF AUBURN STREET, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 1355.00 FEET, AND TO WHICH A RADIAL LINE BEARS S 0033'46'' W; THENCE (53) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 35°56'21'', AN ARC DISTANCE OF 849.93 FEET; Page 7 of 8 THENCE (54) N 54°37'25" E, A DISTANCE OF 223.48 FEET, TO THE BEGINNiNG OF A TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1045.00 FEET; THENCE (55) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 19°26'20'', AN ARC DISTANCE OF 354.54 FEET; THENCE (56) N 74003'45'' E, A DISTANCE OF 10.38 FEET; THENCE (57) N 27036'33'' E, A DISTANCE OF 18.32 FEET, TO THE BEGINNiNG OF A NON-TANGENT CURVE, CONCAVE TO THE EAST, HAViNG A RADIUS OF 1570.00 FEET, AND TO WHICH POINT A RADIAL LINE BEARS N 76°11 '23" E; THENCE (58) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 03°24'33'', AN ARC DISTANCE OF 93.42 FEET; THENCE (59) N 89°54'11" W, A DISTANCE OF 14.30 FEET, TO THE SOUTHEAST CORNER OF LOT 49 OF TRACT 5540 RECORDED iN BOOK 41, PAGE 108 OF MAPS; THENCE (60) N 00041'09'' E, ON AND ALONG THE EAST LINE OF LOTS 49, 50 AND 51 OF SAID TRACT 5540, A DISTANCE OF 302.06 FEET; THENCE (61) S 89°18'51" E, A DISTANCE OF 55.00 FEET, TO .THE POINT OF BEGINNING; CONTAINiNG 62.72 ACRES. No. 15369 Exp. 3-3t -05 Page 8 of 8 m ORIGINAL