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
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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.
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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
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APPROVED NOV 1 9 2008
EXHIBIT A
Mitigation/Conditions of Approval
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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)
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EXHIBIT B
Circulation Amendment Map (Removing Arterials and Collectors)
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Circulation Amendment Map (Addition and Changes)
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EXHIBIT D
Notice of Exemption
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NOTICE OF EXEMPTION
TO: _ Office of Planning and Research
PO Box 3044, 1400 Tenth Street, Room 222
Sacramento, CA 95812-3044
X County Clerk
County of Kern
1115 Truxtun Avenue
Bakersfield, CA 93301
Project Title: General Plan Amendment No. 08-1045.
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
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