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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.