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
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A
MORNING DRIVE
ORIGINA~b
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ORIGINAL
MORNING DRIVE
EXHIBIT C
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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
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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
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%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
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ORIGINAL