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HomeMy WebLinkAboutRES NO 263-04 RESOLUTION NO. RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION, APPROVING CASE NO. 04-0909 AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND GOVERNMENT CODE SECTION 65402 FINDINGS. 263-04 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 19, 2004, on the proposed General Plan Amendment 04-0909 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 twenty (20) calendar days before said hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and WHEREAS, General Plan Amendment 04-0909 an amendment to the Circulation Element of the Metropolitan Bakersfield General Plan is as follows: General Plan Amendment 04-0909: THE CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT has applied to amend the Circulation Eiement of the Metropolitan Bakersfield General Plan to adopt a specific plan line for the ultimate right-of-way needs for the West Parkway Interchange and deletion of Rider Street as an collector between Johnson Road and Stockdale Highway; and WHEREAS, for the above-described segment, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment and therefore, a Negative Declaration 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 Negative Declarations as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by the city staff and the Planning Commission; and WHEREAS, by Resolution No. 107-04 on August 19, 2004, the Planning Commission approved Case No. 04-0909, as shown in Exhibits A & B, and this Council has fully considered the findings made by the Planning Commission as set forth in the 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, September 22, 2004; and WHEREAS, the Planning Commission found as follows: 1. All required 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 Negative Declaration was prepared for the project in accordance with CEQA. '. n ,-,,:;.:C:;-J,i-\t 4. The amendment to adopt a specific plan line and delete Rider Street between Johnson Road and Stockdale Highway 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 Planning Commission. 2. That the Negative Declaration for General Plan Amendment 04-0909 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-of-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 as follows: 1) The above recitals and findings are true and correct. 2) That the Negative Declaration for General Plan Amendment No. 04-0909 is hereby recommended for approval. 3) The General Plan Amendment No. 04-0909 is hereby approved as recommended by staff as requested by the applicant, with mitigation measures adopted in the Negative Declaration and conditions of approval for the project. 4) As to General Plan Amendment No. 04-0909 the recommended amendment to the Circulation Element of the 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 the deletion of Rider Street between Johnson Road and Stockdale Highway as shown in Exhibit "B", the Planning Commission hereby recommends adoption of such Circulation Element Amendment of the Metropolitan Bakersfield General Plan, subject to mitigation and conditions of approval shown on Exhibit "C", and recommend same to City Council. ---------000-........ . << ~1\K~1' o <P >- c:'. >- m - ,.... o C:> ORIGINAL 2 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 SEP 2 2 2BB4 by the following vote: <!"A YESi) NOES: ABSTAIN: ABSENT: y' -- -- -- ,.,.- --- COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER '&L~ I> PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 2 2 2004 HARVE L. HALL Mayor of the City of Bakersfi APPROVED as to form VIRGINIA GENNARO City Attorney By: ~a.Uw Exhibits (Attached) A Specific Plan Line for Westside Parkway/West Beltway Interchange B Map showing deletion of Rider Street C Conditions of Approval S:IGPconsistencylCirculalion elem 04-09091CC Res.doc 3 ,-~) - i fIE: ~uw , ~ ~ ~ ~ 1Il ~ - \) III ~~ ~;o ;o;l'i t'I~ ~:< ~~ iii III 1II11l ;o"i )on! ~III 111'" 1Il"i I"'~ --< ~- -~ ~"i III ;0 t'I ~ ~ iii III ~ ~<So >- <So..... <>~ WEST BE ~ :t - n! - "i )0' . :~!~ - f-l',\J 1111 I In - I~ -- I I ~VL YAhk---J _'L- I I 1-- - , l-- - >--1-- - -. - - I-- - - -- - ., c.----- \..--- \ T"" ~ ~ "V1l- +'z. "v).. WAY If I, '--- I--- - - ~ r=:; _I --{,., -,1-- ~ p . I../lvl:: \\\ .~ . - '1. tt\ ~c: ~i::: r: \::: ..lill I I I IITTTT\"-- ,\ \ LL '" ~ IL rn - '- 2 Jtffi ,.-'-- I--- I- I?I~ - L L- - -- - I r T 'L .J L- f-- I I il ITlr .\~\!-\ i l~ ,--!~ ~ :11111 -III ~~ :II~ III~ ~11 111)0 111:11 "'11'; ~~ ~~ -111 ~III II "'I i ~~--~-----l :ti lJ-( IJ~ -:z: ~ ll~ ~:II ::In lJ~ :Z::z: GI 111 ~ J: ... III ... "'l Ill" " '" g ~ ,. .... '" ;j; ~ i1i ""'< .----- ~ li :~!~ ~ ~- pm II l L ri ,/\ " EXHIBIT "C" Mitigation Measures / Conditions of Approval General Plan Amendment (Circulation Element) 04-0909 Air Quality Mitiaation Measures The following mitigation measures will reduce NOx and PM10 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 to 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 vehicle engines will be properly tuned and timed. 4. During construction of the proposed improvements, all contractors will be advised not to idie construction equipment on site for more than ten minutes. 5. Prior to grading, the following measures are required to reduce PM10 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 manufacturers' specifications, to exposed 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). f. In field trailers, use portable air conditioning units with non-diesel fuel. (.~~ .;p rrl , ( General Plan Amendment (Circulation Element) 04-0909 August 2, 2004 Page 2 g. Sweep streets at the end of the day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). h. The City may require that gravel be used in unpaved areas used as either construction roads or staging areas for construction equipment. i. Apply water at least two times daily or chemical soil stabilizers, according to manufacturers' specification, to all unpaved parking or staging areas and unpaved road surfaces, if required for dust control. j. 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. k. 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). I. Suspend use of all construction equipment operations during second state smog alerts. m. Use construction equipment that has catalytic converters (for gasoline powered equipment). n. Prevent trucks from idling longer than 2 minutes. o. Configure construction parking to minimize traffic interference. Biolooical Mitioation Measures To ensure the absence of sensitive species such as the burrowing owl, blunt nosed leopard lizard, San Joaquin kit fox and any nesting migratory fowl, a pre-construction survey shall be conducted to limit any impacts to a level less than significant. Archaeoloaical and Paleontoloaical Mitioation 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: Archaeological Resources 1. 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 cultural resources are located in the project footprint, additional mitigation will be required: ~ ., ,.,,"'..- General Plan Amendment (Circulation Element) 04-0909 August 2, 2004 Page 3 o 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 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. o If cultural resources are detected within the project area, 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 forms to the Southern San Joaquin Valley Information Center for the assignment of trinomials. o 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. o 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. o 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 Valley Information Center for permanent archiving. o If human remains are encountered on the project site, the Kern County Coroner's Office shall be contacted within 24 hours of the find, and all work should be halted until a clearance is given by that office and any other involved agencies. 2. 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. i\ nl , ('; ,'. ~;\ ' General Plan Amendment (Circulation Element) 04-0909 August 2, 2004 Page 4 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. Paleontological Resources 3. 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: o 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. o 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. o Prepare, identify, and curate all recovered fossils for documentation in the summary report and transfer to an appropriate depository. o Submit a summary report to the City of Bakersfield. Transfer collected specimens with copy of report to the repository. Hazards MitiQation Measures 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. HvdroloQV MitiQation Measures 1. 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 be incorporated into the plans and specifications and implemented with the interchange. 2. Prior to grading activities, a Stormwater Pollution Prevention Plan (SWPPP) shall be prepared and include 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. 1"'1 , ::,i -" j---....---.--.-.^- General Plan Amendment (Circulation Element) 04-0909 August 2, 2004 Page 5 Noise Mitigation Measure 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 shown in Table 3-6. Oil Well Abandonment Requirements 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:\GPconsistency\Circulation elem Q4-0909\Mit Measures.doc \~ i"_ ; '-I, r!i'L