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Home My WebLink AboutRES NO 279-06 RESOLUTION NO. 279-06 RESOLUTION MAKING FINDINGS, ADOPTING OF PROPOSED AMENDMENT TO THE SPECIFIC PARKS AND TRAILS PLAN FOR NORTHEAST BAKERSFIELD TO ADD THE RIO BRAVO #3 ANNEXATION AREA TO THE PLAN (FILE NO.06-0286) 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, AUGUST 3, 2006 on of a proposed amendment to the Specific Parks and Trails Plan for Northeast Bakersfield to add the Rio Bravo #3 annexation area into the plan, on certain property in the City of Bakersfield and notice of the time and place of hearing having been given at least twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, San Joaquin Engineering, filed an application requesting a amendment to the Specific Parks and Trails Plan for Northeast Bakersfield to add the Rio Bravo #3 annexation area into the plan, identify trails and park locations, on certain property in the City of Bakersfield as shown on the attached (Exhibits "1" through "5" ); and WHEREAS, said amendment is an associated project known as the Rio Bravo # 3 Annexation and General Plan Amendment/Zone Change # 04-0853 to allow residential development is generally located south of the Rio Bravo Country Club development, east and west of Miramonte Drive (extended) (Section 23, T29S, R29E, MDBM); and WHEREAS, as a condition of approval of General Plan Amendment/Zone Change # 04-0853 required the project area known as the Rio Bravo # 3 Annexation area be included in the Specific Parks and Trails Plan for Northeast Bakersfield, and trails and parks identified within said project area; and WHEREAS, the application was deemed complete on June 12, 2006; and WHEREAS, the laws and regulations relating to CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, the Rio Bravo # 3 EIR, certified on August 17, 2005, and incorporated by reference in the initial study for this subdivision, documents that this subdivision is a later project that will not have a significant effect. In accordance with CEQA section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearings support the findings contained in this resolution; and ~ fQ"'Kc-9, o ~ >- - I- m _ r- c.:> t:1 ORIGINAL WHEREAS, by Resolution No.143-06 on August 3, 2006, the Planning Commission recommended approval and adoption of said amendment to the Specific Parks and Trails Plan for Northeast Bakersfield the subject to conditions, mitigation measures listed in Exhibit "A" and this Council has fully considered the finding 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, October 25, 2006, on the above described amendment to the Specific Parks and Trails Plan for Northeast Bakersfield, 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 reauired oublic notices have been aiven. Hearing notices regarding the proposed project were mailed to property owners Within 300 feet of the project area and published in a local newspaper of general circulation at least 10 days prior to the hearing. 2. The orovisions of CEQA and Citv of Bakersfield CEQA Imolementation Procedures have been followed. Staff determined that the proposed activity is a project and an initial study and Environmental Impact Report were prepared for the original project (Rio Bravo #3 Annexation/GPA- ZC 04-0583) of the subject property and the EIR was certified on August 17, 2006 and duly noticed. 3. Said Certified EIR for the orooosed oroiect is the aoorooriate environmental document to accomoanv oroiect aooroval. In accordance with CEQA Section 15162, no further environmental documentation is necessary because no substantial changes to the original project are proposed, there are no substantial changes in circumstances under which the project will be undertaken and no new environmental impacts have been identified. The project will not significantly impact the physical environment. because mitigation measures relating to geology; hydrology/water; public health/safety; aesthetics, light and glare; traffic; noise; air quality; biological resources; cultural resources; and public services/utilities. 4. The oroiect must be aranted a "de minimis: exemotion with resoect to the oavment of Fish and Game Section 711 fees. 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 Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced absence of evidence in the record and the Lead Agency's decision to prepare a Environmental Impact Report for this project. 5. The amendment is consistent with the goals and policies of the Specific Plan for Parks and Trails for Northeast Bakersfield. ~ fQ"'Kc-9, o % >- - I- m (; b OAIGINAI. NOW, THEREFORE, BE IT RESOLVED and found by the Council of the City of Bakersfield as follows: 1. The above recitals and findings incorporated herein, are true and correct. 2. That this map pertains to the Rio Bravo #3 Environmental Impact Report certified on August 17, 2006. 3. 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. 4. The City Council hereby approves and adopts to amend the Specific Parks and Trails Plan for Northeast Bakersfield by as outlined above including the Rio Bravo #3 annexation area into the plan is hereby approved, constituting changes as shown on the map marked Exhibit "1", attached hereto and incorporated as though fully set forth, for property generally located in Section 23, T29S, R29E, MDBM. ---------000--------- fQ"'Kc-9, ~ ~ >- m !:: r- c.:> C1 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 OCT 2 5 ?006 by the following vote: -- -- - -- GW NOES: ABSTAIN: ABSENT: v-- ...- v-- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED OCT 2 5 2006 PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Cler Council of the City of Bakersfield HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney BY:~~.~ Exhibits: 1. Location Map 2. Map with trails and tentative tracts 3. Diagram A of Unpaved multi-use trail in open space 4. Diagram B of Unpaved d multi-use trail in improved areas 5. Diagram C of Plan View By jeng/ S:ITRACTSINETramccIRES-CC.DOC ~ fQAKc-9, o ~ ~ - t- rn - ,.. (.) C1 ORIGINAL en --I ~Q 1---1 o!:!:! ZLL <(en (/)~ ~W ~ ~ .-------------.- ~al U~;- u:<(!:: -Wen U::r::E WI-t1 O-[):: (/)0 OZ 1-0:: 1-0 ~LL ~Z 0::5 ~a. ~ <( 5~ i1i w a:o 4( if c en w Z ~ w a: 00. 0. ~ :t: I - C!)- --z .::) ~ ~. ~ F!: ...I ...I ~ - I- ~ W W en en =? =? 5 j::; ::) :..I ~ ::) ~ c ~, en ~ >- Q ~ ! ! ifi ifzZ C) ~~ ~' w .: .J .. z ~0 i I I I I I ~I .,.: ~ wI 2; ~- i2S - ,..1 :5 Fji N I--~ o I I I I I ! . , . I · I """"'" Ii' ...... I~.~ -. .., ......",' ,...~.., .' I . ..~# i I I , . , . I ! I ~ ...... I .. I .. .. I .. I .. I .. I ~~'...... I ..' I ..: I ." i II .. . . I · \- I · · I : \ I · · , . 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Ii Ii ~ '" :: EXHIBIT "3" DIAGRAM A , UNPAVED MULTI-USE TRAIL THROUGH OPEN SPACE OR AROUND PERIMETER OF DEVELOPM~NT ...~~~~~~.!~~.~~!!~~"__ _. ._.... ,_._ _.. p.. ._...' _.. - ,_. '.0 ,p.' ~,i.:--"-"".'~I~ '--S'UNPAVED ~EAD WIDTH OR EXISTING DISTURBANCE 20' DEDICATION WIDTH ADDITIONAL SLOPE EASEMENTS MAY BE NECESSARY IN STEEP AREAS .a.... ..t_ --- ~ fQP I(C-9 (:I ~ > i11 t; b QRIGIMAL EXHIBIT "4" j DIAGRAM B. UNPAVED MUL TI.USE TRAILS . , WITHIN IMPROVED AREAS' . r----'/"-... , / '.~ ~.. ~. .. ~~ ~ ~ j .' - -.. ~ .a~.. ~ PLANTING AREA ----- ---l I i ! j .-.-.... .-.. --1- ~.~ \- ,.,. '(/ ~ ( ~~ . 1 UI' WIDC ;;Y DECOIIPOSED-GR NITE- \., /'/ ,/"/ l)~~' ~~\ . . --~:.~~:::.::_~~~~~:-'Le~ THEME DECORATIVE WA (1&.28.nOh) STREETSIDE FINISH GRADE .~. F1NISN GRAM ~ '<",ct~.o- NATIVE EARnr-' . . " . ~:~~~L-~:,.;~~:"""-- ! -= -~~~ n.t... ~ COAK o ~ !:: c.:> ~ - rn ,.. C1 L ., EXHIBIT "5" ~ :.1 I DIAGRAM C PLAN VIEW UNPAVED MUL TI.USE TRAI,L , WITHIN IMPROVED AREAS ~ SUBDIVISION DEVELOPMENT DlCOMPOHD GIIAIII1II THIMI DICORATIVII WALL IRIVlR ROCK PlLASftU WITH UIlTIl TONI VIRTlCAL PLUftD MASONRY CONCII.... s&.OCaI I LANDICAPI! .HRUS PUJrllNG S1IIIP WITH H" ",roup ICl.U.,... .OUL..... II AND _RIIOCK(lUNDOM PLAClIIIlDITI ~ ~"'/(C-9 ;). !:: "