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HomeMy WebLinkAboutRES NO 263-04(1)RESOLUTION NO. 263 -04 (1) RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION, AND ADOPTING GPA #16 -0309 AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND GOVERNMENT CODE SECTION 65402 FINDINGS. 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, SEPTEMBER 1, 2016, on the proposed General Plan Amendment 16 -0309, respectively, of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield 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, the City Council adopted Resolution No. 263-04 (General Plan Amendment 04 -0909) on September 22, 2004, to amend the Metropolitan Bakersfield General Plan Circulation Element to adopted a specific plan line for the Westside Parkway and West Beltway Interchange and the deletion of Rider Street - this adoption did not have specifics as to the area for the interchange; and WHEREAS, this General Plan Amendment 16 -0309 will clarify the previous amendment to the Circulation Element of the Metropolitan Bakersfield General Plan (General Plan Amendment 04 -0909) as follows: General Plan Amendment 16 -0309: The City of Bakersfield Public Works Department has applied to amend the Circulation Element of the Metropolitan Bakersfield General Plan to (1) clarify adoption of a specific plan line for the Westside Parkway and West Beltway Interchange; and (2) add a Class 1 Bike Path within the right -of -way of the West Beltway from Stockdale Highway south; and WHEREAS, for the above - described project, it was determined that the proposed project would not have a significant effect on the environment and therefore, a Notice of Exemption for the project was prepared in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the laws and regulations relating to the preparation and adoption of Notice of Exemptions as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, by Resolution No. 107 -04 on August 19, 2004, and Resolution No. 107 -04 (1) on September 1, 2016, the Planning Commission recommended approval of General Plan Amendment No. 16 -0309, as shown on Exhibits A, A -1 & B, and this Council has fully considered the findings made by the Planning Commission as set forth in the resolution; and 8F56AK, 9q m Page 1 of 4 ORIGINAL 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, April 19, 2017 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report and the Planning Commission's deliberation, and action. WHEREAS, the Planning Commission found as follows: 1. All notices have been given. 2. The provisions of CEQA have been followed. 3. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Notice of Exemption was prepared for the project in accordance with CEQA. 4. The amendment to adopt a clarification of the specific plan line and delete Rider Street between Johnson Road and Stockdale Highway and to add a bike path within the right -of -way of the Westside Beltway is consistent with the Metropolitan Bakersfield General Plan. WHEREAS, the Council has considered and hereby makes the following findings: 1. The above recitals and findings are true and correct and constitute the findings of the City Council. 2. That the Notice of Exemption for General Plan Amendment 16 -0309 does adequately address the environmental issues related to a freeway to freeway exchange. 3. That the Circulation Element Amendment and specific plan line adoption is approved in order to preserve adequate right -or -way for the interchange and to delete any unnecessary portion of Rider Street. 4. The project is necessary at this time as development is invading into area needed for roadway purposes. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED by the Bakersfield City Council as follows: 1) The above recitals, incorporated herein, are true and correct. o�`0PKF9T s Page 2 of 4 '' m o ORIGINAL 2) General Plan Amendment No. 16 -0309 is hereby approved as recommended by staff as requested by the applicant, with adopted in the Notice of Exemption and conditions of approval for the project. 3) As to General Plan Amendment No. 16-0309 the recommended amendment to the Circulation Element of Metropolitan Bakersfield General Plan, to adopt a specific plan line for right -of -way purposes for the West Beltway and West Parkway Interchange as shown in Exhibit "A" and refined in Exhibits "A -1 ", and deletion of Rider Street between Johnson Road and Stockdale Highway as shown in Exhibit "B" and adding a Class 1 Bike Path within the (ght -of -way of the West Beltway from Stockdale Highway south as shown in Exhibit "E ", the City Council hereby adopts such Circulation Element Amendment of the Metropolitan Bakersfield General Plan, subject to conditions of approval shown on Exhibit "C. 4) The Project hereby approved and is made a part of the 1st amendment to the Circulation Element of the Metropolitan Bakersfield General Plan for the calendar year 2017 in accordance with Government Code Section 65358 (b). - - -000— Page 3 of 4 o``gAKF9� T U O ORIGINAL I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on APR 19 2017 , by the following vote: ® ✓ ✓ ✓ ✓ ✓ ✓ COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, - -, SULLIVAN, EARLIER NOES: COUNCILMEMBER: NQ�L_ ABSTAIN: COUNCILMEMBER: '�� ABSENT: COUNCILMEMBER: 1V 9y_ CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield CZA CHRISTOPIHR GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APR 19 2017 t6/ KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Afforn By: ANDREW HEGLUND Deputy City Attorney Exhibits: A Specific Plan Line for Westside Parkway /West Beltway Interchange A -1 Refined Map showing Interchange B Map showing deletion of Rider Street C Conditions of Approval D Legal Description of Interchange E Map showing change to Master Bike Plan BY: MO \S: \GPAs \GPA IstMM1643 CirAmendClanWnterchange \RES_ \CC Res GPA lbp3g9.tloa� OQ0AKF9 T Page 4 of 4 m U O ORIGINAL EXHIBIT "A" Specific Plan Line for Wesiside Parkway /West Beltway Interchange Q o 0pKF9 T � m U O ORIGINAL oP,XK9T � o ORIGINAL Exhibit A -1 Refined Map showing Interchange o``0 pRF9m � m U O ORIGINAL EXHIBIT "B" Map Showing deletion of Rider Street ■ �\ 1111111111111 �� 11111111111111 C 1111111111U1 \� 111111111111 E � � \111 111111 L� =aka =� ►s �0AKF9 <� o OR!GINAL EXHIBIT "C" Conditions of Approval EXHIBIT "C" Conditions of Approval General Plan Amendment (Circulation Element) 04 -0909 and General Plan Amendment No. 16 -0309 Air Quality MRiaafion Measures The following mitigation measures will reduce NOx and PM 10 emission impacts associated with the proposed project. 1. Provide on -site meals to construction workers by arranging a lunch wagon to visit the construction site during work breaks particularly during the lunch hour. 2. Prior construction of the proposed improvements, the project proponent will provide a traffic control plan that will describe in detail safe detours around the project construction site and provide temporary traffic control (i.e. flag person) during concrete transport and other construction related truck hauling activities. 3. During construction of the proposed improvements, construction equipment will be properly maintained with all maintenance repairs completed at an offsite location, and construction vehicles engines will be properly tuned and timed. 4. During construction of the proposed improvements, all contractors will be advised not to idle construction equipment on site for more than ten minutes. 5. Prior to grading, the following measures are required to reduce PM70 emissions from project construction activities. a. Replace ground cover in disturbed areas per City specifications. b. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturer's specifications, to expose stockpiles (i.e., gravel, sand, dirt). c. Water active sites at least twice daily. d. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph). e. In field trailers, use portable air conditioning units with non - diesel fuel. f. Sweep streets at the end of the day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers with use of reclaimed water). o``g AKp9m � o ORIGINAL Exhibit "C" Conditions of Approval General Plan Amendment (Circulation Element) 16-0309 Page 2 g. The City may require that gravel be used in unpaved areas used as either construction roads or staging areas for construction equipment. In. Apply water at least two times daily or chemical soil stabilizers, according to manufacturers' specifications, to all unpaved parking areas or staging areas and unpaved road surfaces, if required for dust control. i. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site every trip in designated areas on the site. j. All trucks hauling dirt, sand, soil, vegetation, or other loose materials are to be covered and should maintain at least 6 inches of freeboard (i.e. minimum required space between top of the load and top of the trailer, based upon a level of load). k. Suspend use of all construction equipment operations during second state smog alerts. I. Use construction equipment that has catalytic converters (for gasoline powered equipment). m. Prevent trucks from idling longer than two (2) minutes. n. Configure construction parking to minimize traffic interference. Bloloalcal MBlaatlon Measure 6. To ensure the absence of sensitive species such as the San Joaquin kit fox, burrowing owl and any nesting migratory fowl, a pre - construction survey shall be conducted to limit any impacts to a level less than significant. Archaeoloalcal and Paleontological MBlaation Measures The proposed project is in an area that may contain cultural resources, and has the potential to yield paleontological resources. Therefore, implementation of the project could potentially result in significant impacts to such resources. To decrease any potential impacts to a level less than significant, the following measures shall be implemented: �gAKF9 O F m U O ORIGINAL Exhibit "C" Conditions of Approval General Plan Amendment (Circulation Element) 16 -0309 Page 3 Archaeological Resources 7. It is recommended that a qualified archaeologist perform the following tasks prior to construction activities within the project area. Should surveys indicate that potentially significant resources are located in the project footprint, additional mitigation will be required: • A protocol survey of the project footprint south of Stockdale Highway shall be conducted, but only when the land lies fallow. In addition, a field survey of a 20 -acre parcel located directly southwest of the intersection of Johnson Road and Rider should take place. If records (post -dated of this report) indicate that surveys of these properties has taken place as a result of other developmental projects, then the results of such surveys can be used for the purposes of project -level environmental compliance for the West Beltway Project. • If cultural resources are detected within the project areas, the cultural resources must be recorded using appropriate State record forms (DPR523 series) and following guidelines in the California Office of Historic Preservation's handbook "Instructions for Recording Historical Resources." The archaeologist will then submit two (2) copies of the completed DPR523 to the Southern San Joaquin Valley Information Center for the assignment of trinomials. • If cultural resources are detected within the survey areas, they must be evaluated for significance and integrity using criteria established in the CEQA Guidelines for unique cultural resources and /or 36 CFR 60.4 for eligibility for listing on the National Register of Historic Places. • If cultural resources are found within the project footprint, appropriate mitigation measures and recommended conditions of approval must be developed to eliminate adverse project effects on significant, important, and unique historical resources, following appropriate CEQA and /or National Historic Preservation Act Section 106 guidelines. • A technical resources management report is required. The report must document the inventory, evaluation, conclusions and mitigation recommendations. Submit two copies of the completed report, with original illustrations, to the Southern San Joaquin Information Center for permanent archiving. • If human remains are encountered on the project site, the Kern County Coroner's Office shall be contacts within 24 hours of the find, and all work oI 0AKF9T s v 0 ORIGINAL Exhibit "C" Conditions of Approval General Plan Amendment (Circulation Element) 16 -0309 Page 4 should be halted until a clearance is given by that office and any other involved agencies. 8. If any prehistoric archaeological sites are encountered on the property before or during grading, a qualified archaeologist must be retained to monitor construction activities and to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City will: o Enact interim measures to protect undesignated sites from demolition or significant modification. o Follow mitigation measures developed as a result of the associated technical cultural resource report, and apply appropriate mitigation procedures for adverse project effects on significant, important, and unique prehistoric resources, following CEQA guidelines. o Prepare a technical resources management report, documenting the inventory, evaluation, and mitigation measures utilized of resources should any resources be detected and mitigated for during earthmoving. Submit one copy of the completed report, with original illustrations, to the Southern San Joaquin Valley Information Center for permanent archiving. Paleontoloaical Resources 9. It is recommended that paleontological monitoring should take place during construction activities on any part of the Westside Parkway Interchange, but only if excavation occurs 15 feet below the modern ground surface: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full -time during the interval of earth - disturbing activities. • Should fossils be found within an area being cleared or graded, divert earth - disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. • Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository. • Submit a summary report to the City of Bakersfield. Transfer collected specimens with copy of report to the repository. oFe�KF9T � m o ORIGINAL Exhibit "C Conditions of Approval General Plan Amendment (Circulation Element) 16 -0309 Page 5 Hazards Mitigation Measure 10. Prior to grading, soil testing for concentrations of agricultural chemicals shall be conducted. Contaminated soils would be excavated and disposed of at a certified hazardous waste disposal facility, whenever necessary. Hvdroloav MRlaation Measures 11. Prior to approval of plans and specifications, a drainage plan that identifies the necessary storm drain facilities to accommodate the additional storm flow associated with the project shall be prepared. If additional facilities are required, these facilities shall incorporated into the plans and specifications and implemented with the interchange. 12. Prior to grading activities, a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and included BMPS to reduce stormwater pollution prior to, and during construction. These BMPs can include watering newly graded areas, specifying areas for storage and equipment maintenance, locating sand bags around the perimeter of the construction area, disposing of construction waste, and inspecting construction vehicles for leaks. Noise Millaation Measure 13. Prior to opening the intersection to roadway traffic, the City will install attenuation features (i.e. walls and berms) to reduce noise levels to acceptable levels (i.e. 65 dBA) for sensitive uses (i.e. residential uses) along the 8 roadway segments that would be significantly affected by the proposed interchange. Oil Well Abandonment Reauirements 14. During construction the developer /contractor /applicant of the interchange will locate, expose, inspect and test for leakage to the satisfaction of DOGGR any abandoned oil wells. Written confirmation that this condition has been satisfied from DOGGR is required to be submitted to the City Public Works Department. S:1CPMWPA IM 2016M-0309CirA rd Clarify lnt apeRES SEX C COMi00nemiUgalion.ri �gAKF9 o sT � m U � ORIGINA! Exhibit D Legal Description of Interchange DESCRIPTION WESTSIDE PARKWAY AND WEST BELTWAY INTERCHANGE SPECIFIC PLAN LINE ALL THAT PORTION OF SECTION 3, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE S 89°27'57" E, ON AND ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 A DISTANCE OF 776.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE (1) S 89°27'57" E, ON AND ALONG THE SAID NORTH LINE, A DISTANCE OF 1,59127 FEET TO A POINT ON THE EAST LINE OF THE WEST BELTWAY SPECIFIC PLAN LINE PER CITY OF BAKERSFIELD RESOLUTION No. 04404, DATED FEBRUARY 25, 2004, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL MAP NO. 12062, PHASE 1, PER BOOK 60, PAGE 76, OF PARCEL MAPS RECORDED FEBRUARY 22, 2016, IN THE OFFICE OF COUNTY RECORDER. THENCE (2) S 00035'45"W, ON AND ALONG THE SAID EAST LINE OF THE WEST BELTWAY AND THE EAST LINE OF SAID PARCEL MAP, A DISTANCE OF 888.02 FEET; THENCE (3) N 55 019'13" W, A DISTANCE OF 253.56 FEET TO A POINT OF THE WEST LINE OF SAID WEST BELTWAY SPECIFIC PLAN LINE; THENCE (4) N 11003'45"W, A DISTANCE OF 176.80 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 440.00 FEET; THENCE (5) NORTHERLY AND WESTERLY ON AND ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 122 005'46", AN ARC DISTANCE OF 937.63 FEET; gAKF9 Page 1 of 2 / o k s; �?7i 1 .Z y %17 m s ORIGINAL THENCE (6) S 52 °13'31" W, A DISTANCE OF 501.17 FEET TO A POINT ON THE EAST LINE OF THE KERN RIVER FREEWAY SPECIFIC PLAN LINE (ALSO KNOWN AS WESTSIDE PARKWAY) PER CITY OF BAKERSFIELD RESOLUTION NO. 138 -91, DATED JULY 17,1991; THENCE (7) N 68 045'08° W, A DISTANCE OF 226.40 FEET TO A POINT ON THE WEST LINE OF SAID KERN RIVER FREEWAY SPECIFIC PLAN LINE; THENCE (8) N 38 °56'45" E, A DISTANCE OF 615.26 FEET; TRICE (9) N 84°06'23" W, A DISTANCE OF 388.91 FEET; THENCE (10)N 00°32'03" E, A DISTANCE OF 55.00 FEET, TO THE TRUE POINT OF BEGINNING. , BUT L. NarcoN No. 29942 * Exp. 12 -31 -17 Div-.qiI, WESTSIDE PARKWAY AND WEST BELTWAY INTERCHANGE SPECIFIC PLAN LINE g4KF9 Page 2 of 2 ° "- � o ORIGINAL EXHIBIT MAP NORTH LINE OF THE HE QUARTER OF SECTION 3 N -/� CORNER SEC 3 NORTH LINE OF THE SCALE NT QUARTER OF 1:500 P 0 SECTION 9 SOO- 27.57 "E 1113B9•E7.57 "E __...,_...., --- _ - .._.,......- 7X5,02(. --- _ --- 1591.27 gE�COOB 1101 NO.32'03 "E STOCKDALE HW 53.00' Q M4 191 3 29 "W '0�di CI IS] 388.91' 88.91' . 2. 0� 9 W 171 21 226.4 888.02 m 151 2 W 501.17' F S 14 N TEST BELTWAY 176.80' SPECIFIC PLAN LINE PER CITY OF BAKERSFIELD • •W RESOLUTION 131259.58' NO. 044 -04 gg 9PBCIFIBC PLANBLINE PER IC TY OF BAKERSFIELD OLUTION NO. 138-91 IN JDELTA ANGLE TANGENT RADIUS ARC LENGTH LC11122.05'46" 1795.35'1 440.00' 937.63' 9SOF ESS 104,4` ��QFO fy c V LLOYD L. MgITQ1 m A Portico Of Seo. 3. 7.305.. R.26E.. N.O.M ¢ NO. 24942 m BASIS OF BEARING THE BEARING OF 5 69.27'57° E AS THE NONTM LINE OF TXE QUARTER OF SECTION 3 ETTGERS PCIVIL E%0.12 -31 -t7 CHULER ,1NN c VI µ FS61Sl AS CALIF HEST BELTIIAY INTERCH�CNGE / SPEECC IFIC PLAN LINE �` .. ACB sg_16 --39 A 9 ii4.10�tYt Yll�q \PYp i K N1vgaAt ( Z /' SHEN i OF I O U Exhibit E Amendment to Master Bike Plan o�gAKF9� s � m t- U O ORIGINAL