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HomeMy WebLinkAboutRES NO 229-88RESOLUTION NO. 229-8~ A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD MAKING FINDINGS AND APPROVING SEGMENT I OF PROPOSED AMENDMENT TO THE KERN RIVER PLAN ELEMENT OF THE BAKERSFIELD METROPOLITAN AREA GENERAL PLAN (KERN RIVER PLAN ELEMENT AMENDMENT 1-88, SEGMENT I) AND ADOPTING THE KERN RIVER PARKWAY PLAN AND KERN RIVER CHANNEL MAINTENANCE PROGRAM AS APPENDICES TO THE KERN RIVER PLAN ELEMENT. WHEREAS, the Council of the City of Bakersfield referred Segment I of a proposed amendment to the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan to the Planning Commission; and WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the provisions of Section 65351 of the Government Code, held a public hearing on OCTOBER 6, 1988 to consider Segment I of a proposed amendment to the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan, notice 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 Kern River Plan Element of the Bakersfield Metropolitan Area General Plan is described as follows: the SEGMENT I: In order to implement the proposal known as the Kern River Parkway Plan, for the area within and adjacent to the Kern River west of Manor Street to Stockdale Highway Bridge, the City of Bakersfield proposes to amend the Kern River Plan Element of the Bakersfield Metropolitan area at the following locations: A. South of the Kern River, west of Manor Street to Chester Avenue. Add parking area map details. o Amend 3.1/2.5 (Public and Private Recreation Area/Flood Hazard) desig- nation to show 9.5/2.5 (Resource ~anagement/Flood Hazard). Amend 8.5/2.5 designation to show 3.1/2.5 along east side of Chester Avenue. South of the Kern River, between Southern Pacific Railroad to Golden State Highway. ° Add parking area map detail. C. South of the Kern River, east of the Santa Fe Railroad. o Reduce the size of the area desig- nated 3.1/2.5 and show 8.5/2.5. o Add parking area map detail. D. North of the Kern River, east of the Santa Fe Railroad. o Amend 8.5/2.5 designation to show 3.1/2.5. o Add parking area map detail. E. North of Truxtun Avenue, east of Mohawk Avenue. o Add parking area map detail. F. North of Truxtun Avenue, west of Mohawk Avenue. o Add parking area map detail. G. South of the Kern River, west of Mohawk Avenue. ° Amend 3.1/2.5 designation to show 8.5/2.5. H. South of the Kern River, west of Truxtun lake. ° Amend 3.1/2.5 designation to show 8.5/2.5. - 2 - East of Coffee Road, south of the Kern River. Amend 8.5 designation to show 3.1. North and south of the Kern River, west of Coffee Road to the Stockdale Highway bridge. o Remow~ picnic area map detail. The proposed amendments would allow develop- ment of recreational areas, parking lots and protection of critical habitat. In addition, the Kern River Parkway Plan and previously approved Kern River Channel Maintenance Program are proposed for adoption as appendices to the Kern River Plan Element. WHEREAS, for the above-described Segment, an Initial Study was conducted and it was determined that the proposed pro- ject could have a significant effect on the environment; and WHEREAS, an Environmental Impact Report was prepared and considered for certification by the Planning Commission; and WHEREAS, the Planning Commission recommended Certifi- cation of the Final Environmental Impact Report on October 6, 1988; and WHEREAS, 'the rules and regulations relating to the prepara- tion and adoption of Environmental Impact Reports as set forth in the California Environmental Quality Act (CEQA) and City of Bakersfield Resolution 107-86 have been duly followed by the City staff and Planning Commission; and WHEREAS, in conformance with procedures for amending the Kern River Plan Element, the Kern County Board of Supervisors has reviewed the proposal and has recommended that the City approve the proposed amendment and adoption of Kern River Plan Element appendices as described; and WHEREAS, at a public hearing on October 6, 1988 to consider an amendment to the Kern River Plan Element as described above, the Planning Commission took public testimony on the proposed project; and - 3 - WHEREAS, the Planning Commission considered public input on the proposed project, environmental impacts of the proposed project and benefits of the project for the community; and WHEREAS, by Resolution No. 51-88 on October 6, 1988, the Planning Commission recommended approval and adoption of Segment I by this Council and this Council has fully considered the find- ings 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 NOVEMBER 30, 1988, on the above-described Segment I of the proposed amendment to the Kern River Plan 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 by the Council of the City of Bakersfiel~ as follows: The above recitals and finds, incorporated herein are true and correct. The project is subject to mitigation measures identified in Revised Appendix F of the project staff report. Mitigation measures would avoid or substantially lessen most significant environmental impacts identified. Findings required by the California Environmental Quality Act (CEQA) and displayed in project staff report revised Appendix F of Planning Commission Resolution No. 51-88 are hereby incorporated by reference. Specifically identified social and recreational benefits from the location of a bicycle rest stop east of Golden State Highway, south of the river outweigh the unavoida- ble noise impacts (impact of highway noise on use of rest stop) identified as part of the Final EIR. A Statement of Overriding Considerations as detailed on staff report page 6 is hereby adopted as part of project approval. - 4 - 10. 11. Specifically identified social and environmental bene- fits of the Parkway Plan as a comprehensive land use management tool outweigh unavoidable land use, biologi- cal and visual impacts of development of private prop- erty for service industrial uses adjacent to parkway uses. (Location of parkway adjacent to such service industrial uses impacts the parkway.) A Statement of Overriding Considerations as detailed on staff report page 6 is hereby adopted as part of project approval. The proposed project is consistent with the goals and policies of the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan. The Parkway Plan responds to policies in the KRPE call- ing for preparation of a biological resources inventory, preparation of a year-round flow study, development of a master list of plant species suitable for park and rec- reational landscaping, preparation of a specific trails plan, improved access and adoption of a channel mainte- nance plan as an appendix to the KRPE. The Parkway Plan will provide substantial recreational, aesthetic and environmental benefits for the Bakersfield area. The Final EIR for Segment I is hereby certified as ade- quate and complete as more particularly set forth in the preceding resolution adopted by this Council. 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. The City Council approves and adopts Segment I of the proposed .amendment to the Kern River Plan Element of the Bakersfield Metropolitan Area General Plan. .......... o0o .......... 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 31, 1988 , by the following vote: AYES; COUh~CILMEMBERS: CHILDS, OeM¢iN9, NOES: COUNCiLMEMbERS None ABSENT: COUNC}LMEMBERS Ratty, McDermott A~SIAtNING: G0~NC~I_MEMBERS' None_ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED November 31, 1988 MAYOR of the City of ~'akersfield APPROVED as to form: CItY ATTO~%N~ t/~?ity~of Bakersfield AJS/meg R RES 5 KERN.RP1 11/18/88 - 6 -