HomeMy WebLinkAboutRES NO 041-06
--
RESOLUTION NO. 0 4 1 ;; O-lf
RESOLUTION MAKING FINDINGS, APPROVING THE NEGATIVE
DECLARATION AND ADOPTING GENERAL PLAN AMENDMENT
05-1287 AN AMENDMENT TO THE CIRCULATION ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN AND A
SPECIFIC PLAN ADOPTION.
WHEREAS, Porter-Robertson Engineering & Surveying, for Amold Pettit c/o Ed Coyne, filed
an application requesting a General Plan Circulation Element Amendment for the adoption of the
Chase Avenue Specific Plan Line, as hereinafter described; and
WHEREAS, the Planning Commission, of the City of Bakersfield in accordance with the
provisions of Section 65353 of the Government Code, held a public meeting on, MONDAY,
NOVEMBER 28,2005, THURSDAY, DECEMBER 1, 2005, on the general plan amendment 05-
1287 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, Case No. 05-1287 an amendment of the Circulation Element of the Metropolitan
Bakersfield General Plan and the Chase Avenue Specific Plan alignment is as follows:
General Plan Amendment No. 05-1287:
A General Plan Circulation Element Amendment; Case No. 05-1287 and
adoption of a Specific Plan Line for Chase Avenue; 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 for the project 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. 188-05 on December 1, 2005, the Planning Commission
recommended approval of the Porter-Robertson Engineering & Surveying's request to amend the
Circulation Element and adopt a Specific Plan Line for Chase Avenue, 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,
February 8, 2005 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.
,
2. Chase Avenue is a collector street on the Circulation Element Map.
3. The proposed alignment does not follow section of midsection lines.
4. Development is imminent along this segment of Chase Avenue,
5. It is necessary to accurately locate the alignment of Chase Avenue to allow for
coherent planning in this area of the northeast Bakersfield.
6. Because the alignment does not follow section or midsection lines it is necessary to
adopt a Specific Plan Line,
7. Alignment passes thru an area of significant topography.
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. 05-1287 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. 05-1287, an amendment to the Circulation Element and an adoption
of a Specific Plan Line for Chase Avenue 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.
6. This alignment better addresses the significant topography found in the area.
-----------000----------
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 FEB 8 2006 by
the following vote:
c~
NOES:
ABSTAIN:
ABSENT:
v .........-- ¡,.....- ...-- ¡...-- v ¿..--
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~ d. fY1r/tli<-tÁt>
PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
FEB 8 2006
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
¿J
By: ¡(~ /;1/' ~
Exhibits: Attached
A-1 Conditions of Approval
A-2 Site Map
JS
S:IGPA 4th 2005\05-1287 CIRCIResolutionslCC Reso.doc
3
'--"~--"-" --..",-~."._«~-,., -
EXHIBIT A-1
Conditions of Approval
EXHIBIT A-1
Conditions of Approval
General Plan Amendment/Zone Change 05-1287
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv Mitiaation Measures:
The applicant/developer of the project site shall submit documentation to the Planning
Department prior to issuance of any grading permit that they will/have met the following air
quality mitigation measures:
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.
· 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 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).
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 Prahibition. 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.
Exhibit A-1
Coditions of Approval
GPZlZC 05-1287
Page 2 of 5
· 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.
· 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,
· The project developer shall revegetate graded areas as soon as it is feasible after
construction is completed.
3. Prior to the issuance of any grading 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
4. 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
Exhibit A-1
Coditions of Approval
GPZlZC 05-1287
Page 3 of 5
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.
Cultural Resources Mitiaation Measures
5. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
6. 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
7. 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.
8. Prior to approval of the Project plans and specifications by the City Planning
Department, the construction 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.
Transportation and Traffic
9. 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 response or
evacuation plans. Construction activities shall proceed in a timely manner to minimize
impacts.
Exhibit A-1
Coditions of Approval
GPZlZC 05-1287
Page 4 of 5
10. Proper detours and warning 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.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
11. At intersections with major street, rather than curves ending at the intersection, they
should be revised to end in advance of the intersection at or before the beginning of curb
returns.
Citv AUornev
12. 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 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.
. .. _~_"._._.. __"'~________""'_'__'_'____'__m"__~"'_____"__'_'_'_._~__ ______
Exhibit A-1
Coditions of Approval
GPZlZC 05-1287
Page 5 of 5
JS:jm
S:IGPA 4th 2005105-1287 CIRCIPC PackagelCond~ions of Approval.doc
Y'''''''K
-"
~ t~^
tY .,
C) .~
~~
C1; te
<:
""."
h
l.u::i::
~:: !JJ
~~
~-:.~ '.:;
CJ ~-
:.~ :;;;>:
r .-.'
~ t~)
o
-
"'~ 1Ii. .
'1; <.:
:::~ ~}
((: :::::
Ci (:
WI':''>
U;,,,¡
..¡. q,
;1': S:
,,)L-U
<
>",¡
''')
0-i
Jk> <~~';<'¡f
z
,",:
"
')
Q ~\
Z
Ii:
<,?
LL'
-i
f
.t
.
.
NEGATIVE DECLARATION
GPA 05-1287
-- -- --------- '-'-"'--~~---- -----~,.,"-- --.------,---------
,__ ~___.w.._____...__.._____~__·__·__·__··____ .--------.--- -....-------.--------...-----
Planning Commission - Thursday, December 1, 2005
Page 2
4.2j
4.2k
e No. 05-1283 (Mcintosh and Associates) (yVard 3)
e No. 05-1575 (Mcintosh and Associates) (yVard 4)
eneral Plan Amendment 05-0410 (Pinnacle Engineering) (Ward 1)
4.2i
4.2\
A
han e 05-0410 (Pinnacle Engineering) (Ward 1)
4.2m A roval of General n Amendment 05-0946 (SmithTech, USA Inc.)
(Ward 4 upon annexation
4.2n A roval of Zone Chan e 0 946 (SmithTech, USA Inc.) I (Ward 4 upon annexation)
4.20 A roval of General Plan Amend nt 05-1199 (Marino/Associates) (Ward 7)
4.2p ADDroval of General Plan Amendment 05-1287 (Porter - Robertson) (Ward 3)
4.2q oval of General Plan Amendment 05-1319 (City of Bakersfield) (City Wide)
e hearing opened. It was noted that 4.20 ApDroval of General Plan Amendment
ociates) (Ward 7) will be removed from Consent Calendar.
Greg Wilkerson stated h wanted to speak in regards to items 4,2f and 4,2h, so they were removed from
the Consent Calendar.
Laurel Duncan stated that she uld like to speak on 4,2m and 4.2n, so they were removed from the
Consent Calendar.
Terry Chiles stated that he would like to eak on 4,2e and 4,2f, so they were removed from the Consent
Calendar.
Barbara Camp stated that she would like to spe on 4.2e, 4.2f, and 4,2g so they were removed from the
Consent Calendar.
Commissioner Spencer indicated that he would like to p 4.2k, 4.21 from the Consent Calendar.
Commissioner Tragish indicated that he would like recuse 'mself from items 4,2k and 4,21 (regular
agenda items 8.2a and 8.2b respectively) which pertain to a de lopment that is around the corner from
some property that he represents clients on, He indicated that he s not believe that there is a conflict,
but he does not want to give the appearance of such, and therefor e will recuse himself from these
items.
Commissioner Lomas requested removal of 4,2a.
Commissioner Lomas indicated the following items remaining on Consent Calendar: 4.2b, 4.2c, 4,2d, 4.2i,
4,2j, 4,2p, and 4.2q.
The public hearing on these remaining items is closed, except 4.2c and 4.2d which are continued,
Commissioner Blockley moved, seconded by Commissioner Johnson, to approve the public hearing
consent calendar items which remain on the agenda as read.
Motion carried by the following roll call vote:
AYES:
NOES:
Commissioners:Tragish, Blockley, Johnson, McGinnis, Spencer, Lomas.
None.