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Home My WebLink AboutRES NO 259-05 RESOLUTION NO. 259-05 RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE DECLARATION AND ADOPTING GENERAL PLAN AMEDMENT 05-0976 AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND ADOPTION OF THE PANORMA DRIVE SPECIFIC PLAN LINE. WHEREAS, City of Bakersfield filed an application requesting a General Plan Circulation Element Amendment for the adoption of the Panorama Drive Specific Plan Line, as hereinafter described; and WHEREAS, the Planning Commission, of the City of Bakersfield in accordance with the provisions of Section 6S3S3 of the Government Code, held a public meeting on, MONDAY, SEPTEMBER 12, 2005, THURSDAY, SEPTEMBER 1S, 200S, on the general plan amendment OS- 0976 of the proposed amendment to the Circulation Element of the Metropolitan Bakersfield General Plan and the Panorama Drive Specific Plan Line, 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 California, a local newspaper of general circulation; and WHEREAS, Case No. OS-0976 an amendment ofthe Circulation Element of the Metropolitan Bakersfield General plan and the Panorama Drive Specific Plan Line alignment is as follows: General Plan Amendment No. 05-0976: A General Plan Circulation Element Amendment; Case No. OS-0976 and adoption of a Specific Plan Line for Panorama Drive; and WHEREAS, for the above-described project, an Initial Study was conducted and it was determined that with mitigation the proposed Project would not have a significant effect on the environment, therefore, a Mitigated Negative Declaration was prepared and posted on August 22, 200S in accordance with CEQA; and WHEREAS, the laws and regulations relating to the preparation and adoption of Mitigated Negative Declarations as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission; and WHEREAS, by resolution No. 124-05 on September 1S, 2005, the Planning Commission recommended approval of the City of Bakersfield's request to amend the Circulation element and adopt a Specific Plan Line for Panorama Drive, and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of section 6535S of the government Code, conducted and held a public hearing on Wednesday, November 9, 200S on the above described General Plan amendment; and WHEREAS, the Council has considered and hereby makes the following findings: 1. The Metropolitan Bakersfield General Plan Circulation Element requires that a standard collector street be 68 wide (paved width) within a 90 foot right-of-way. «. 'ò!\K~1' o ~ >- - I- 111 ~ r- c..J C> ORIGINAL 2. Panorama Drive is a collector street on the Circulation Element Map. 3. The proposed alignment does not follow section or midsection lines. 4, Development is imminent along this segment of the Panorama Drive. 5. It is necessary to accurately locate the alignment of Panorama Alignment to allow for coherent planning in this area of northeast Bakersfield. 6. Because the alignment does not follow section or midsection lines it is necessary to adopt a Specific plan line, NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED AS FOLLOWS: 1. The above recitals and findings are true and correct and constitute the findings of the City Council. 2. The Negative Declaration for Case No. 05-0976 is hereby approved. 3. All required notices have been given. 4. The provisions of the California Environmental Quality Act (CEQA) have been followed. 5. As to Case No. 05-0976, an amendment to the Circulation Element and an adoption of a Specific Plan Line for Panorama Drive is hereby recommended for adoption with conditions shown in Exhibit A-1, and as shown in Exhibit A-2 and described in Exhibit A-3. ---------000--------- 2 x '6J1.Kf1' () ~ "- - I- m - ,.. o C> ORIGIN.ð,1 Council ~ NOES: ABSTAIN: ABSENT: I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the of the City of Bakersfield at a regular meeting thereof held on NQV 1 S teeS by the following vote: /........ v t.- V j../ J/ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED NOV 1 6 ZGGS HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: /(jI¡«e 7n~ xI!wf¡- -.L1ih\IO~ (J. (Y\¡:Î i~ PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 3 '< <¡,/>.Kf.£ () ~ "- - I- 111 - ,... o 0 ORIGINAl Air Quality Exhibit A-1 Conditions of Approval 1. To minimize engine exhaust emiSSions during Project construction, the Applicant shall implement the following measures: · Properly and routinely maintain all construction equipment, as recommended by manufacturer's manuals, to control exhaust emissions. · Shut down equipment when not in use for extended periods of time, to reduce exhaust emissions associated with idling engines. · Encourage ride-sharing and use of transit transportation for construction employees commuting to the Project site. · Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. · Curtail construction during periods of high ambient pollutant concentrations. · Construction equipment shall operate no longer than eight cumulative hours per day. · All construction vehicles shall be equipped with proper emiSSion control equipment and kept in good and proper running order to reduce NOx emissions. · On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. · On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. · Use of Caterpillar pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOx emissions. · All construction activities within the project area shall be discontinued during the first stage smog alerts. · Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). ,___" ._...._.___.._.. '_·___O_~_,·d _._~~_.~__._,......."~.. ____ '< 'òAKf?>. () ~ "- - I- m - ,... o ö ORIGINAL 2. Construction of the Project requires the implementation of control measures set forth under Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD) Fugitive PM10 Prohibition. The following mitigation measures, in addition to those required under Regulation VIII of the SJVAPCD, shall be implemented to reduce fugitive dust emissions: · Water previously disturbed exposed surfaces (soil) a minimum of three-times/day or whenever visible dust is capable of drifting from the site or approaches 20% opacity. · Water all haul roads (unpaved) a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. · Dust from all on-site and off-site unpaved access roads shall be effectively stabilized by applying water or using a chemical stabilizer or suppressant. · Reduce speed on unpaved roads to less than 15 miles per hour. · Install and maintain a trackout control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicle with three or more axles · Stabilize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. · Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. · When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions, · Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden), · Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. · Remove visible track-out from the site at the end of each workday. '< 'òAKf1' () ~ >- - I- m _ f"- o <:;¡ ORIGINAl · Cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). · Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of cutback, slow-cure and emulsified asphalt paving materials. · Grading should be conducted in phases, · Project site shall not be cleared of existing vegetation cover until required by construction. · The project developer shall revegetate graded areas as soon as it is feasible after construction is completed. 3. Prior to issuance of any building permits, Contractors and/or Developer shall submit a written statement to the City of Bakersfield Planning Department stating that they shall maintain records documenting compliance with all mitigation measures as required and shall make such records available to the SJVAPCD upon request. 4. Prior to the issuance of any building permits, Contractors and/or Developer shall submit a written statement that they will allow an authorized representative of the SJVAPCD to review construction equipment activity and mitigation measure records for the purpose of assuring compliance with the applicable requirements of these mitigation measures and all tract development requirements. Bioloaical Resources Mitiaation Measures 1. Protocol level Blunt Nosed Leopard Lizard surveys shall be conducted, in accordance with the CDFG Approved Survey Methodology, dated May 2004, by a qualified biologist prior to initial ground disturbance. These surveys will insure that no Blunt Nosed Leopard Lizards exist on the Project site. Current Blunt Nosed Leopard Lizard survey protocol requires 12 days of survey between April 15 and July 15 and an additional five-day survey between August 1 and September 15. The surveys are valid for one year. 2. It is recommended that a pre-construction clearance survey be conducted within 30 days of initial ground disturbance in accordance with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). It is recommended that the surveys be conducted to unsure that no relocateable sensitive species or plant, such as the San Joaquin Kit Fox, Burrowing Owl, American Badger, or Bakersfield Cactus, are present on the Project site, Any identified kit fox dens shall be monitored, excavated, and backfilled in accordance with the recommendations of the MBHCP, the California Department of Fish and Game (CDFG), and the United States Fish and Wildlife Services (USFWS). Cultural Resources Mitiaation Measures X 'òMf1 () ~ >- - I- m _ r- o C> ORIGINAL 1. A complete cultural resources survey shall be conducted when the precise route alignment has been staked and the on-site weeds have been removed, 2. Should subsurface archaeological remains be unearthed during future construction activity, work in the area of discovery should be stopped until the finds can be evaluated. 3. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately, Noise 1. Prior to issuance of grading permits, the contractor shall provide evidence acceptable to the City Planning Department that (1) all construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped with properly operating and maintained mufflers; (2) construction activities shall be limited to the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or involved with material deliveries, loading or transfer of materials, equipment service, and maintenance of any devices for or within the Project construction site. 2. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors, to the satisfaction of the Building Official. 3. Prior to approval of the Project plans and specifications by the City Planning Department, the constnuction contractor shall incorporate feasible muffling features into all construction vehicles and equipment and into construction methods, and shall maintain all construction vehicles and equipment in efficient operating condition, TransDortation and Traffic 1. Prior to grading permit issuance, a Traffic Management Plan (TMP) shall be submitted for review and approval to the City of Bakersfield Public Works Department. Such plan shall consist of prior notices, adequate sign posting, and detours (including for pedestrians and bicyclists), The TMP shall specify implementation timing of each plan element (prior notices, sign-posting, detours, etc.) as determined appropriate by the City Engineer, Adequate access to and from adjacent residential areas shall be provided at all times. The TMP shall be reviewed and approved by the City Police and Fire Departments so that construction does not interfere with any emergency ~ ~Mf1. C) ~ "- - I- rn - ,.. o (;) ORIGINAL response or evacuation plans. Construction activities shall proceed in a timely manner to minimize impacts. 3. Proper detours and warnin9 signs shall be established to ensure public safety. This includes the use of proper lighting (where appropriate); fencing and shielding; proper storage of equipment and construction supplies; and covering loose piles of soil, silt, clay, sand debris, or other earthen material. Citv Attornev Condition 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City of Bakersfield related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. MG:djl S:\GPA 3rd 2005\05-0976 CIRClExhibit A.doc ~ 'òAKê.£ () ~ :>- - I- m - r- o C> ORIGINAL xo;¿,Mf1> () ~ "- - I- 111 - r- Ù C> ORIG!NAL I I 18 I T, 29 S, R, 29 E, I M,D.M, I I I I I I 1,//4 C[R~ _ _ _ _ _ _ _ + _ _ _ _ _~'" _ _ __ t},~ , SOO'40'58'1,/ lj '<f> 790,53' I ~ ",o!f>' I '" CENIERLINE PANQRAMA DRIVE ALIGNMENT _ ~ S89'15'oo7E - 2672:õå,-t-- ~:¡ I DEL TA = 49'45'07' ::; RADIUS = lSOO' ~ I ARC LENGTH = 1302,50' ~ ~:!I.u I J~ I :> CI: ~ I œ ~ ~ ~ SCAL£< I' = 8f1O' I g¡ . (SI,/. COR. SEC. 18 I V EXHIBIT A2 NI,/. COR, 18 SECTION HE. COR. t8 DELTA = 49'12'11' RADIUS = 1500' ARC LENGTH = 1288,13' };89'47'S6'E 1SO.OO' - /' SOO·27'O.·E 491.13' ;" .... oj on '" .". ---,...."., E/4 COR 18 SE COR 18 ~ aí ... '" OJ '" :,. co ;.. OJ 8 '" ~ 'òAKf1' () <!:, :>... - I- rn - r- o C:> ORlnlNAL Exhibit A 3 LEGAL DESCRll't'ION SPECIFIC PLAN ALIGNMENT - PANORAMA DRIVE ALL THAT PORTION OF SECTION 18, T. 29 S., R. 29 E., M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA. BEING A STRIP OF LAND 90 FEET IN WIDTH LYING 45 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF MORNING DRIVE AND PANORAMA DRIVE, SAID POINT BEING MARKED BY A CONCRETE MONUMENT ON THE WEST LINE OF SAID SECTION 18, LYING SOUTH 00 DEGREES 40 MINUTES 58 SECONDS WEST, A DISTANCE OF 790.53 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION; THENCE I) DEPARTING SAID INTERSECTION POINT AND THE WEST LINE OF SAID SECTION 18, SOUTH 89 DEGREES 15 MINUTES 00 SECONDS EAST, 2,672.08 FEET TO THE BEGINNING OF 1500 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST; THENCE 2) NORTHEASTERLY ALONG LAST SAID CURVE 1,302.50 FEET THROUGH A CENTRAL ANGLE OF 49 DEGREES 45 MINUTES 07 SECONDS; THENCE 3) DEPARTING LAST SAID CURVE NORTH 40 DEGREES 59 MINUTES 53 SECONDS EAST, 316.21 FEET TO THE BEGINNING OF A 1500 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST; THENCE 4) NORTHEASTERLY ALONG LAST SAID CURVE 1,288.13 FEET THROUGH A CENTRAL ANGLE OF 49 DEGREES] 2 MINUTES II SECONDS; THENCE 5) DEPARTING LAST SAID CURVE SOUTH 89 DEGREES 47 MINUTES 56 SECONDS EAST, 15U.(J() Fbt.T /() A POiNI' UN ltlt. EASI LINt. UF SAID SECTION 18. SAID puIN} U'INU NORTH 00 DEGREES 27 MINUTES 04 SECONDS EAST, 491.13 FEET FROM THE EAST QUARTER CORNER OF SAID SECTION 18 AND MARKED BY A REBAR AND TAG STAMPED L.S. 4383 PER PARCEL MAP 11013. SAID PARCEL MAP RECORDED SEPTEMBER 16,2004 IN BOOK 53 OF PARCEL MAPS AT PAGE 130, ON FILE IN THE OFFICE OF THE KERN COUNTY RECORDER. ~ ~Þ.Kf-9 <J ~ "- - I- m - ,.. o () ORIGINAL