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HomeMy WebLinkAboutRES NO 201-08RESOLUTION NO. 2 n j -~ (~ RESOLUTION APPROVING THE NOTICE OF EXEMPTION AND ADOPTING THE GENERAL PLAN AMENDMENT NO. 08-1045 TO THE CITY'S CIRCULATION ELEMENT MAPS DELETING STREET ALIGNMENTS AND CHANGING MAJOR STREET DESIGNATIONS WITHIN THE KERN WATER BANK AREA. 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 Monday, September 15, 2008, and on Thursday, September 18, 2008, on a proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, General Plan Amendment No. 08-1045, 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, General Plan Amendment No. 08-1045, an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan, is as follows: General Plan Amendment No. 08-1045: The City of Bakersfield has applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan consisting of several changes to the City's circulation maps to delete street alignments and change major street designations within the Kern Water Bank Area; and WHEREAS, it was determined that the proposed project, General Plan Amendment No. 08-1045 is exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15061 (b) (3) (General Rule), since much of the water bank property is habitat mitigation lands and large roads are incompatible with that environmental goal. There are no existing arterials or collectors subject to this action. Therefore the project is exempt from CEQA in that the proposal will not have a significant effect on the environment since amending the city's circulation element maps would eliminate proposed alignments within the water bank boundaries; and WHEREAS, by Resolution No. 122-08 on September 18, 2008, the Planning Commission recommended approval and adoption of General Plan Amendment No. 08-1033 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 19, 2008, on General Plan Amendment No. 08-1045, 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 O~~AK~9~' ~. ~ H- ~. v c ORIGINAL WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct. 2. The Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 122-08, adopted on September 18, 2008. a. All required public notices have been provided. b. The provisions of the California Environmental Quality Act (CEQA) have been met. c. The proposed project would not have a significant effect on the environment. d. The project is exempt from CEQA pursuant to Section 15061 (b) (3) (General Rule) of the CEQA Guidelines. e. That General Plan Amendment No. 08-1045, as shown on attached maps in Exhibit B and Exhibit C, is hereby approved and adopted and is necessary in order to retain habitat mitigation lands as large roads are incompatible with that environmental goal. NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF BAKERSFIELD as follows: The above recitals and findings, incorporated herein, are true and correct. 2. The project is exempt from CEQA pursuant to Section 15061 (b) (3) (General Rule) of the CEQA Guidelines. 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 General Plan Amendment No. 08- 1045, aproposed amendment to the Circulation Element Maps as shown on Exhibit B and Exhibit C attached. 5. That General Plan Amendment No. 08-1045, approved herein is combined with other approved General Plan Amendment cases in this same cycle described in separate resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan. --------000-------- 2 ~gAKF9~ o .~ ~- m H- r J ~ ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting th~~e~~reof he~ld~on November 19. 2008 by the following vote: AY COUNCILMEMBER CARSON BE(~lFIAM, WEIR, COUCH HANSON, SULLI AV N, SCRIVNER OES: COUNCILMEMBER ~1.~~? ABSTAIN: COUNCILMEMBER ~Anrt.2_. ABSENT: COUNCILMEMBER f/1,t~Q PAMELA A. McCARTHY, CM CITY CLERK and Ex Officio C k of the Council of the City of Bakersfield MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney By: ~ Exhibit A -Mitigation/Conditions of Approval B -Circulation Amendment Map (Removing Arterials and Collectors) C -Circulation Amendment Map (Addition and Changes) D -Notice of Exemption BM: S:\GPA 3rd 2008\08-1045\Reso\CC GPA Resolution.doc 3 s o``~AK~ T ~' m ~ r v o ORIGINAL APPROVED NOV 1 9 2008 EXHIBIT A Mitigation/Conditions of Approval o~~AKF9~-c~ ~ m F- r v ~ ORIGINAL Exhibit A Mitigation/Conditions of Approval General Plan Amendment/Zone Change No. 08-1045 Division of Oil, Gas and Geothermal Resources Conditions• There is 3 active and 4 plugged and abandoned wells located along the proposed McCutchen Road Collector. No structure shall be constructed over or in proximity to the abandoned well location. Section 3208.1 of the Public Resources Code authorizes the State Oil and Gas Supervisor to order the reabandonment of a previously abandoned well when construction of any structure over or in the proximity of a well could result in a hazard. The cost of reabandonment operations is the responsibility of the owner or developer of the project upon which the structure will be located. If the abandoned well is on the adjacent property or near the common property line, any structures shall be set back sufficiently to allow future access to the well. (For public health, safety and welfare) 2. Any abandoned wells will need to be addressed if structures, roads or parking lots are planned in to proximity to them. These wells will need to be exposed for inspection and leakage testing prior to construction. Remedial operations may be required. (For public health, safety and welfare) 3. No structures may be constructed within 10 feet of an active, plugged or abandoned well. On the final site plan and grading plans, clearly show all well locations, and the 10 foot setback line around each well. Also submit a legible copy of final project maps to the Division of Oil, Gas, and Geothermal Resources. (For public health, safety and welfare) 4. If any other abandoned or unrecorded wells are uncovered or damaged during excavation or grading, remedial plugging operations may be required. The office of the Division of Oil, Gas and Geothermal Resources at 4800 Stockdale Highway, Suite 417, Bakersfield, Ca 93309 (661) 334- 3653, shall be contacted to obtain information on the requirements for and approval to perform remedial operations. (For public health, safety and welfare) BM:S:\GPA 3rd 2008\08-1045\Conditions.doc Page 1 of 1 o~~AKF ~ s '` m ~" r J O ORIGINAL EXHIBIT B Circulation Amendment Map (Removing Arterials and Collectors) o``0AKF9~ a ~ F. m r v o ORIGINAL 0 i 00 O Z W O Z W Q Z Q J J Q W Z W C~ '~1 v J O U W J J U D Z Q J Q W Q C~ Z_ 0 W Z W Z W Q Z O Q J U 0 0 0 v c a u m r- 0 VFiICaINAL U EXHIBIT C Circulation Amendment Map (Addition and Changes) ~AKF9 O~ `l'-n ~ m ~ ~ v o ORIGINAL ~/~ ~/ J rW V Z `n U .. o - ^ r 1 z 00 Q O z 0 W ZQ . W ~.~ Z 5W Q G .. 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Project Location-Specific: Kern Water Bank Area FROM: City of Bakersfield Planning Department 1715 Chester Avenue Bakersfield, CA 93301 Project Location-City: Bakersfield Project Location-County: Kern Project Description: A General Plan Amendment to the city's circulation maps deleting street alignments within the Kern Water Bank Area. Name of Public Agency Approving Project: City of Bakersfield Name of Person or Agency Carrying Out Project: Development Services Department. Planning Division. Exempt Status: _ Ministerial (Sec.21080(b)(1); 15268)); Declared Emergency (Sec.21080(b)(3); 15269(a)); _ Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); _ Categorical Exemption. State type and section number. Statutory Exemptions. State section number. X Project is exempt from CEQA pursuant to Section 15061 (b) (3) General Rule Reasons why project is exempt: The Water Bank Authority is on record that then will not permit any sort of road building within the water bank boundaries. Paving often impedes groundwater recharge and future development within the area can result in non-point source pollution for groundwater. Additionally, much of the water bank property is also habitat mitigation lands and large roads are incompatible with that environmental goal. There are no existing arterials or collectors subject to this action. Therefore the project is exempt from CEQA in that the proposal will not have a significant effect on the environment, since amending the city's circulation element maps would eliminate proposed alignments within the water bank boundaries. Lead Agency: Contact Person: Marc Gauthier Telephone/Ext.: (661) 326-3733 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes X Signature: ~'~ ~ti;, ~- ~ Date: ~.~;,~ ~ I 2C ,ale: Principal Planner X Signed by Lead Agency Date received for filing at OPR: Signed by Applicant "BM"S:\GPA 3rd 2008\08-1045\Env Doc\NOE.DOC No gAKF9 o`` ~.~ ?- m -- r v o ORIGINAL