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;
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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.
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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).
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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 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
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EXHIBIT "A"
Specific Plan Line for
Wesiside Parkway /West Beltway Interchange
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Exhibit A -1
Refined Map showing Interchange
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EXHIBIT "B"
Map Showing deletion of Rider Street
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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).
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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:
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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
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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.
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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
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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;
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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
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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
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171 21
226.4 888.02
m 151 2 W
501.17'
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176.80' SPECIFIC PLAN
LINE PER CITY
OF BAKERSFIELD
• •W RESOLUTION
131259.58'
NO. 044 -04
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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'
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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
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Exhibit E
Amendment to Master Bike Plan
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