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HomeMy WebLinkAboutORD NO 3602ORDINANCE NO. 3 6 0 ~ AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-30 BY CHANGING THE ZONING OF 7.46 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF BRIMHALL ROAD, APPROXIMATELY ONE- QUARTER MILE EAST OF JEWETTA AVENUE FROM AN R-1 (ONE FAMILY DWELLING) TO AN R-1 CH (ONE FAMILY DWELLING-CHURCH) ZONE. WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing on a petition to change the land use zoning of those certain properties in the City of Bakersfield generally located on the north side of Brimhall Road, approximately one-quarter mile east of Jewetta Avenue; and WHEREAS, by Resolution No. 36-94 on July 21, 1994, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve zone change of the subject property from an R-1 (One Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) zone on 7.46 acres as delineated on attached Zoning Map No. 102-30 marked Exhibit "A", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, the Planning Commission, as a result of said hearing, did make several general and specific findings of fact which warranted a negative declaration of environmental impact and changes in zoning of the subject property from an R-1 (One Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) zone on 7.46 acres and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, Planning Commission and this Council; and WHEREAS, a Negative Declaration with mitigation was advertised and posted on June 22, 1994, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. 2. The provisions of CEQA have been followed. 3. Based on an initial study, staff determined the proposed project will not significantly affect the physical environment in the area and issuing a Negative Declaration with mitigation is adequate. 4. The proposed zone change is consistent with the Metropolitan Bakersfield 2010 General Plan. 5. Conditions of approval attached to the project as Exhibit "C", are included in the project to provide mitigation for potential impacts on kit fox habitat and buffering adjacent residential properties. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same is hereby amended by changing the land use zoning of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 102-30 marked Exhibit "A" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "B". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "C". SECTION 2. This ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. ......... o0o ......... 2 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on $1:p 0 ? 1~9~ , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED $EP 0 ? MAYOR of the City of Bakersfield APPROVED as to form: JUDY SKOUSEN CITY ATFORNEY BY: Assistant City Attorney DR:pjt August l, 1994 res\o5575.cc 3 CITY OF BAKERSFIELD ZONING MAP IO2 - EXHIBIT "B" Legal Description for Zone Change No. 5575 R-1 to R-1 CH BEING AN ADJUSTMENT OF THOSE PARC~-~ OF ~AND SHOWN AS PARCELS 1, 2 AND 3 ON GRANT DEED RECORDED IN BOON 5701, PAGE 2321 IN THE OFFICE OF THE KERN COUNTY RECORDER. ALSO BEING A PORTION OF '£~ WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 29 SOUTH, RANGE 27 EAST, N.D.M., COUNTY ~F -k~,K~, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: CO~D~ENCING AT THE SOUTH QUAI~£~K CORN~ OF SAID S~-£~ON~ THENCE SOnT~ 89'47.10# WEST J~LONG ~ SO~TH ~ OF SAID SOUTHWEST QUAR%.~ AND THE CENTERLINE OF BR22~HALL ROAD, 1350.14 1~ TO TEE SO~r&'nw~,ST ~ OF ~ SOUTI~r~T QUAIc~'L~K OF TEE SOUTHWEST QUARTER OF SA~D SECTION~ THENCE DEPARTING FRON SAID SOUTH LINE AND SAID CEW&-~, NORTH 00e13*4B# WEST ~JuONG ~ 1~ LInE OF -&'~a~ ~ QUAlt~EJt OF SAID SOUTHWEST QUAI~-~, 30.00 FEET TO THE POINT OF BEGINNING~ THENCE CONTINUING NO~ 00eI3e46a NEST ALONG SAID WEST LINE, 747.29 P~£ TO A POINT NHTCE IS 117.00 rr.=£ NORTH AS MEASURED ALONG SAID WEST LINE FRON w,= NORTHWEST CORNER OF THE SOtrI-/~/EST QUARTER OF THE SOUTHE~ST QUARTER OF SAID SOUTHWEST QUARTER; THENCE NORTH 87~13e25# EAST, 675.69 FEET TO A POINT ON THE EAST LINE OF THE NEST HALF OF THE SOUTHEAST QUARTER OF SAID SOUTHWEST QUA~£-~K, SAID POINT BEING 147.00 F-~-~· NORTH AS MEASURED ALONG SAID EAST LINE FROM =?~ NORTHEAST CORNER OF ~'~ SO~-hWEBT QUARTER OF THE SOUTHEAST QUA*c£-nK OF SAID SOUTI~fEST QUA~c£~ -~uuiCE SOUTH 00e13e50# EAST ALONG SAID EAST LINE, 16S.09 FEET~ '~'~t~CE DEPARTING FROM SAID EAST LINE, SOUTH S7e13'26a NEBT~ 35.26 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 50.00 FE~T FROM WHICH POINT A RADIAL BEARS SOUTH 63~3S'44# WEST~ T~ENCE S00T~ERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGI~ OF 175~45'36w AN ARC LENGTH OF 153.38 FEET TO a~tE BEDINNING OF A REVERSE uua%'E CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEST; THENCE NORTHWESTERLY ALON~ SAID uuav~ THROUGH A CENTRAL ANGLE OF 62e10e55w AN ARC LEN~T~ OF 27.13 FEET; THENCE SOU~I~ 87'13'26# WEST, 370.95 FEET~ ~q~ENCE SOU~ 00'13'46# F~T 556.26 FEET TO A POINT W~IC~ IS 30.00 FEET NORTH AS MEASURED AT RIGHT ANGLES TO THE BOUT~ LINE OF SAID SOUTHWEST QWARTER; THENCE SOUT~ 89e47'10w WEST pAR~?.?.w~. WITH SAID SOUTH r-IRE, 158.50 FEET TO THE POINT OF BEGINNING. CONTAINING 5.13 ACN~S GROSS. COI~NCII~G AT THE SOUTH Q~ CORNER OF SAID SECTION; THENCE SOUTH 89e47'10# MEET ALONG '&~J~ BOOTH ~ OF S~D SO~ ~U~ ~D ~NG ~ C~k~ OF B~ R~ 1191.64 F~, SAID POI~ BEING 158.50 ~ ~ AS M~ ~NG S~D SO~ LI~ ~ ~E S0=£~ QU~£~ OF ~ SO~z~ QU~£~ OF S~D SE~ON~ ~ D~ING ~OM ~D SO~E~ LI~ ~ S~D C~'~'-~, NO~ 00e13~46a ~, 30.00 ~ ~ ~NG NO~ 00e13~46 NO~ 87e~3'26~ ~, 196.69 ~ ~ SO~ 00el~e46a ~, 56S.06 FE~ TO A ~ Q~A~ ~CE SO~ 89~47~10~ ~T P~ ~ SAID SO~ ~, 196.50 FE~ ~ ~ POZ~ OF COSTAINING 2.53 ACRES GROSS. EXHIBIT "C" Zone Change No. 5575 Conditions of Approval In order to mitigate the impacts of any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the Advisory Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. (Mitigation) p:5575.ea ADVISORY NOTICE The San Joaquin kit fox (Vulpes macrotis mutica), a federally-listed endangered species, exists throughout the Bakersfieidmetropolltan area. Kit foxes excavate dens for shelter, to raise pups, and to escape from predators such as coyotes. Denning sites may occur on vacant lots in the Bakersfield area where development is planned. Section 9 of the Endangered Species Act of 1973, as amended (Act), prohibits the "take" of federally listed endangered and threatened species. As defined under the Act, take means "to harn~ harm, pursue, hunt, shoot, wound, kill trap, capture, or collect, or the attempt to engege in any such conduct." "Incidental take" (defined as take that is incidental to, and not the purpose of, the carryingout of an othenvise lawful activity) may be authorized by obtaining an "incidental take permit" pursuant to Section 10(a) of the Act. The City of Bakersfield and County of Kern are currently developing a regional conservation plan that will balance future urban growth with the conservation of the San Joaqnin kit fox and other sensitive plants and an!nnni~ Once approved, this conservation plan will fulfill the primary requirement for obtaining a Section 10(a) permit from the U.S. Fish and Wildlife Service to allow incidental take of the kit fox nnd other species during development activities. However, while this plan is being developed, and until the Section 10(a) permit is issued, specific measures must be implemented to prevent unauthorized incidental take of San Joaquin kit foxes and to offset any loss of kit fox habitat resulting from ongoing construction actions. To comply with these measures, all persons and companies planning to engege in construction or other activities that may impact San Joaqnin kit foxes or their habitats within the prescribed conservation plan boundaries are required to undertake the following specific measures for the kit fox: 1. Prior to ground disturbance, biological surveys for kit foxes and their dens that conform to U.S. Fish and Wildlife Service minimum survey recommendations shall be conducted by a qualified wildlife biologist. Persons requiring further information on minimnm survey recommendations should contact Bill Lehman of the Service's Sacramento Field Off"ice at (916) 978-4866. 2. All known and potential San Joaquin kit fox dens that will be unavoidably destroyed by project actions shall be carefully excavated by or under the direct supervision of a qualified wildlife biologist. Dens shali be completely excavated and subsequently backfilied and compacted to prevent later use by kit foxes prior to onset of project construction. Monitoring of dens pursuant to Service recommendations shall be conducted prior to excavation to ensure that dens arc not occupied by kit foxes when excavated. If a kit fox is inadvertently found inside a den during excavation, the animal(s) shall be allowed to escape tmhin_dered. Inlornmtion on den definitions end monitoring recommendations can be obtained by contacting the Sacramento Field OIIica. 3. To protect female San Joaquin kit foxes and their pups during the breeding season, no development activities likely to resuR in incidental take of kit foxes and no excavation of kit fox dens shall be permitted on any property within the prescribed conservation plan boundaries from January I to April 30, if biological sunreys conforming to Service minimum survey recommendations demonstrate the prexenca of kit foxes on the subject property. Minimqm ~zrv~y recommendations for the period from January I to April 30, and for one calendar week pre~ January 1, shall consist of seven consecutive nights of negetive survey results where methods inclu..d~ng spotlighting, scent stations, and placing of trn~ medium at all known and potential kit fox dens on the subject property. This shall be enforced unless: a. Subsequent surveys demonstrate that kit foxes have vacated the property on their own, without any form of deliberate humma disturbance within 100 feet of or directly to kit font dens: b. Circular exclusion zones of 100 feet in radius are staked and flagged around all known and potential kit fox dens on the subjena property. Development could then proceed on the balance of the property that is outside these exclusion zones; c. Survey information collected by a qualified wildlife biologist indicatex that incidental take of kit foxes resulting from den excavations should not occur, provided that such information is presented in writing to the Service's Sacramento Field Office and the Service concurs in writing. 4. As a means of offsetting the unavoidable loss of endangered species habitat associated with development, a fee is required by the city or county. This fee is being asses~.xt upon subinittal of a building permit. Specific fee amounts will vary with the size of planned project development. For further information regarding these measures, please contact Jim Movius of the City of Bakersfield planning Department, 1501 Truxtun Avenue, Bakersfield, California 93301 (805) 326- 37-33, or the U.S. Fish and Wildlife Service, Sacramento Field Office, 2800 Cottage Way, Room E-1823, Sacramento, California 95825 (916) 978- 4866. Prepared by United States Department of the Interior, Fish and Wildlife Service. Minutes, PC, 7/21/94 Page 3 DRAFT 5.1 PUBLIC HEARING - ZONE CHANGE 5575 Staff report recommending approval was given. Public portion of the hearing was opened; no one spoke in favor or opposition. No one was present representing the applicant. Public portion of the hearing was closed. Responding to question by Chairman Messner, Mr. Hardisty said the applicant was sent a copy of the staff report and staff received no comments in return. Responding to question by Commissioner Hersh, Mr. Kloepper did not feel placing these churches so close together would generate a traffic jam. Mr. Hardisty said he was under the impression that the church is looking into eliminating the lot lines, therefore he felt this was an effort to obtain a much larger site rather than adding another church in a side-by-side fashion. Motion was made by Commissioner Marino, seconded by Commissioner Andrew to adopt resolution making findings as set forth in staff report and approve the Negative Declaration, and approve Zone Change No. 5575, subject to the conditions of approval on Exhibit "A," and recommend same to City Council. Motion carried by the following roll call vote: AYES: Commissioners Andrew, Boyle, Brady, Delgado, Hersh, Marino, Messnet NOES: None NOTICE OF PUBLIC HEARUNG AND PROPOSED NEGATIVE DECLARATION BEFORE THE PLANNING COMMISSION OF THE CITY OF BAKERSI~IELD NOTICE IS HEREBY GIVEN that a hearing accepting testimony will be held before the Planning Commition of the City of Bakersfield. The hearing will begin at 12:15 p.m., or as soon thereafter, as the matter may be heard on MONDAY, JULY 18, 1994, in the Council Chambers, City Hall. The Monday portion will be for presentation of staff testimony only. No action to approve or deny this project will be taken on Monday. The hearing will be continued to take testimony from others at 5:30 p.m., or as soon thereafter as the matter may be heard on THURSDAY, JULY 21, 1994, in the Council Chambers of City Hall 1501 Truxtun Avenue, Bakersfield, California, 93301, to consider the following request: The project to be considered: Zone Change No. 5575 from an R-1 (One Family Dwelling) zone to an R-1 CH (One Family Dwelling-Church) zone on 7.46 - acres. o Project location: Generally located on the north side of Brimhall Road, approximately one- quarter mile east of Jewetta Avenue. 3. The name and address of the project applicant: AMD Partners 5601 Truxtnn Ave., Suite 190 Bakersfield, CA 93309 NOTICE IS AI.$O !tEREBY GIVEN that a public hearing will be held at the same time and place by the Planning Commission to receive input from the public on the potential effect of this project on the environment. Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared, describing the degree of possible environmental impact of the proposed project. This study has shown that the proposal (as mitigated) will not have a significant effect on the environment; therefore, a Negative Declaration is proposed. Copies of the Initial Study and proposed Negative Declaration are on file and available to the public through the Planning Department (contact Dave Relz~r) in the Development Services building at 1715 Chester Avenue, or by teieplioning the department at (805) 326- 3733. PUBLIC COMMENT regarding the proposed project and/or adequacy. of the Negative Declaration, including requests for additional environmental review, will be accepted in writing on or before the hearing date indicated above at the Planning Deoartment. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues raised at the public hearing, or in written correspondence delivered to the City of Bakersfield prior to the close of the hearing. DATED: June 22, 1994 POSTED: June 22, 1994 DR:pit p:5575.nph ZONE CHANGE 5575 E(1/Z)RS E(I/2)RS e(1/2)rS R-1 BRIMHAl I N O 400 I | eO/2)rs 25 36 T295, R26E R-l(18oOOO) i R-S-1OA I - ] rOAD L H~II$ClfOOL T29S, R27E A-20A E(1/2)RS R-1 e(1/2)rS ma"9'~'. E(2-~/2)RS %HF~ E(2-1/2)RS R-S I. ENVIRONMENTAL CHECKLIST Soils GeolocJm Em~'u~eciimem~aon To~=qrm:m~ WA~R P~ CU~R~ RE~CE~ IMPACT s't P-'-:l ~ I/ MITIGATION ~' i N i o~ EFFECT" (N~'E: DISCUSSION REGN:iDING THE ABOVE IMPACTS IS ATTACHED.) LAND USE Gens'el pl~ntZorung Pri~ ~ ~ ~ PUB~ ~ES Poli~ P~ S~ W~ ~ F~ ~ W~ W~ ~ON M~ AND G~E NAWR~ RE~URCES ~GY U~E P - F~'-'qy Significant IMPACT" sJP'll MITIGATION t = trmi~,,§c.(.ti/t~oF-ffect Y=Yes N=No ORD=Ordinancei;~ II. MANDATORY FINDINGS OF SIGNIFICANCE Y N FINDINGS OF DETERMINATION' THE BASIS OF THIS INITIAL EVALUATION IcnecK onel: :t has Dean founa that the oroooseo oro!ec[ COULD NOT hsve a significant effect on me enwronmen[: :~ererore. a NEGATIVE DECLARATION wui be pre,',areo. ~.' It is Dean founcl that although the proDosecl project coulr* have a significant effect on ~ne enwronmen[. there wifi not De a s~gnificant effect in this case oecause MITIGATION MEASURES. as laentifiecl in the Discussion of Environmantal Impacts, t~ave Dean incor~omteci into the prolec~: therefore, a NEGATIVE DECLARATION will ba prapareu. tt has Dean founct that the propose~t Drolect MAY have a slgmficant effect on the enwronment. ancl an (ENVIRONMENTAL IMPACT REPORT) wlil be preparea. APPENDIX l Zone Change No. $575 Earth Water Water ENVIRONMENTAL IMPACTS Soils - Construction of the proposed project will result in 7.46 -+ acres of the soils to be insignificantly disrupted, compacted, displaced, overcovered and uncovered by grading, filling, trenching, installation of drainage facilities, and other ground preparation activities necessary for urban site development. These soils are not considered "prime" for agricultural purposes by the State Department of Conservation. Standard ordinance compliance includes the requirement for soils and grading reports prior to issuance of building permits and adherence to applicable building codes. Geologic Hazards - Geology of the site consists of 7.46 -+ acres of relatively flat land, which is not considered a unique geologic or physical feature. The site is currently undeveloped. The proposed project would not create an unstable earth condition or cause changes to any geologic substructure. The project will not expose people, structures, or property to major geologic hazards such as landslides, mudslides or ground failure. Although no specific geologic hazards are known to occur within the boundaries of the project site, there are numerous geologic fractures in the earth's crust within the San Joaquin Valley, which is bordered by major, active fault systems. All development within the Metropolitan Bakersfield area is therefore subject to seismic hazards. Current development standards will require the project to comply with appropriate seismic design criteria from the Uniform Building Code, adequate drainage facility design, and complete preconstruction soils and grading studies. As the site is outside the Alquist-Priolo Seismic Zones, no special seismic studies would be required for this site prior to building structures for human occupancy. Erosion / Sedimentation - No rivers, streams, canals or beaches are near the project site to be impacted by the proposed development. Typicalordinance requirementsensure that erosion, siltation or deposition of soils from the site by water run-off will not occur through development of the project, nor through drainage of the site after construction. Wind erosion and fugitive dust may occur during the construction process: however, normal use of water spraying will control wind erosion impacts and should not be considered significant. Tooo~raohv - The slope of the natural terrain on-site is fiat. Project development will not result in a change to the topography and/or ground surface relief features of the area to a significant degree. Quality / Quantity - Groundwater - The project will not alter the direction or rate of flow, or substantially deplete the quantity of groundwater resources, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations. The project will not contaminate a public water supply, substantiallyinterferewithgroundwater rechargeor substantially degradewater quality. Water service would be provided for the development by the Vaughn Water Company; however, the cumulative impact to the water table would be negligible and insignificant. Surface Water - The project will not result in discharge into any surface water, alter surface water quality to a significant degree, including but not limited to temperature, dissolved oxygen or turbidity. The proposal will not contaminate any public water supply. As the site is not located adjacent to or contains any rivers, streams or canals, the proposal will not result in changes in currents or the course or direction of surface water movements. Appendis I Zone Change No. 5575 Page 2 Flooding/Drainage - The project will not result in changes to the course or direction of fresh water currents, or result in changes to the amount of surface water, as the site does not contain, nor will the proposal impact, any rivers, streams or canals. The site is not in an area subject to flooding, therefore the proposal will not expose people or property to water-related hazards such as flooding or tidal waves. Changes in absorption rates, drainage patterns, and the rate and amount of surfaco water runoff will change as the project is developed. Current development standards require the project to comply with adequate drainage facility design, complete preconstrnction soils and grading studies, and compliance with the City Public Works or Building Departments. Ai~r Air Quality - There will not be a substantial increase in air pollution emissions, nor will there be a substantial deterioration of ambient air quality through development of this project sinco the subject property is already zoned R-1 and the addition of the CH zoning overlay for the proposed church is not expected to significantly effect air quality. The proposal will not violate any ambient air quality standard, contribute substantially to an existing or projected air quality violation, or expose sensitive recoptors to substantial pollutant concentrations. Climate/Air Movement - Land uses intended or allowed through the proposed project will not significantly alter air movement, moisture, temperature and/or result in any change in climate, either locally or regionally. Odors - Land uses permitted as a result of the proposed project do not appear to have the potential to create objectionable odors. Biolo~ical Resources Plants - The 7.46 -+ acre project site proposed for church development is currently vacant, relatively flat land consisting primarily of grassland. New plant species will be introduced as a result of ornamental landscaping the site with urban uses. A barrier would be created to the normal replenishment of existing plant species, as the site would be completely developed. Although existing species of plants on-site would be removed through urban development, the proposal will not entirely eliminate a plant community or substantially diminish or reduco wildlife habitat. These effects of urban development are not deemed significant. Animals - Existing animal species using the proposed project site likely consists of those typically found in the area. New animal species, such as domesticated dogs and cats, will be introduced as a result of occupying the site with urban uses. A barrier would be created to the normal replenishment of existing animal species, as the site would be completely developed. Although existing species of animals on-site would be removed through urban development, the proposal will not entirely eliminate a wildlife community or substantially diminish or significantly reduce wildlife habitat. These effects of urban development are not deemed significant. Rare/Endangered Species - While no known unique, rare or endangered animal or plant species appear to be present on-site, there is a potential for San Joaquin kit fox to occur in the area. The proposal should not substantially affect, reduce the number, or restrict the range of any unique, rare, or endangered species of animal or plant, or their habitat, other than the San Joaquin kit fox. In order to mitigate the impacts of any natural to urban land conversion on the kit fox (a Federally-listed Endangered Species), or its habitat, the applicants must, prior to ground disturbance, follow the Metropolitan Bakersfield Habitat Conservation Plan Advisory Notice, detailing the Interim Mitigation Measures established for the MBHCP. Appendix I Zone Change No. 5575 Page 3 Habitat Alteration - Urban development may alter the area's habitat by introducing domesticated or feral species of animals into the area. The project may result in the creation of a barrier to the migration or movement of animals from nearby open land. These impacts to wildlife habitat are considered in the Final Environmental Impact Report for the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP), and are not considered significant for the project proposed. The proposed project is not "significant" per CEQA, and a Cert'dicate of Fee Exemption was previously made with the California Department of Fish and Game for Tentative Tract 5417 on the subject property. The project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. See attached De Minimis Impact Findings. Transoortafion Traffic/Circulation - Since the subject property is already zoned R-1 and the requested CH (Church) zone overlay would permit the proposed church development, resultant daily traffic impacts would probably be less than those expected to occur with a single family residential development permitted under the current R-1 zoning. Unlike residential traffic, church related traffic does not usually occur during peak hours or on a daily (weekday) basis (primarily occuring during off-peak hours and on weekends). Thus, the proposed church project will not generate significant additionaldaily vehicular movement, will not cause an increase in daily traffic which is substantial in relation to the existing traffic load (volume) and capacity of the street system, and will not substantially impact existing transportation systems beyond thatwhichwouldbe generatedby the existingR-1 zoning. The project will not significantly alter present patterns of circulation or movement of people and/or goods. Parkin~ - The proposed development of a church will create a demand for new parking areas which will be reduced to less than significant through the parking ordinance which specifies the number of parking spaces required for churches. Traffic Hazards - There would be no known significant increase in traffic hazards to motor vehicles, bicyclists, or pedestrians as a result of the proposed project. Air/Water/Rail Systems - The project will not affect waterborne, rail or air traffic. Cultural Resources Archaeological/Historical - No known archaeological or historical resources are located on the site. Land Use Comoatibilitv - The proposed project will include church types of land uses. The existing land uses surrounding and adjacent to the project site are indicated in the following table. These uses are compatible with proposed land uses. The proposed project will not conflict with adopted environmental plans or goals of the community, disrupt or divide the physical arrangement of an established community, or create a significant land use compatibility problem. Appendix I Zone Change No. 5575 Page 4 Land Uses and Zoning of Adjacent Properties 2010 ZONING EXISTING LOCATION GENERAL PLAN DISTRICT LAND USE NORTH SR (county) E(1/2)RS (county) Residences, with animals SOUTH LR (city) R-1 (city) Residential Subdivision EAST SR (city) RS (city) Existing Church & SR (county) E(1/2)RS (county) residences with animals WEST SR (city) E (city) Residences with animals SR (county) RS-10A (county) General Plan/Zoniw, - The present land use designation on the site is SR (Suburban Residential) with existing zoning of R- 1 (One Family Dwelling) zone. The proposal will change the zoning of the site to R-1 CH (One Family Dwelling-Church) zone. This change will not result in a substantial alteration of the present or planned land use of the area, due to the fact that the R-1 zoning already exists and the proposal will add the CH (Church) zoning overlay which would permit development of the proposed church use. The proposal is consistent with the Metropolitan Bakersfield 2010 General Plan policies and implementation measures and will not significantly conflict with established recreational, educational, religious or scientific uses of the area. Growth Inducement - The proposed project will not induce substantial growth. Prime Av. ricultural Land - No agricultural crops currently exist on site and the site does not contain prime agricultural soils. Removal of 7.46 - acres of land through the proposed project will not convert prime agricultural land to nonagricultural use or impair the agricultural productivity of adjacent prime agricultural land. Public Services Police - The proposal will not affect City Police protection in the area, as no new residents would be included in the City. Fire - The church proposal will not significantly affect City fire service for the area, as no new residents will be included in the City. Schools - The proposed church project would not impact school facilities to a significant degree. Since the subject property is already zoned R-l, the proposed CH (Church) overlay zone would likely reduce potential impacts on schools. Parks / Recreation - The church project proposes no increase in population for the areas and would not result in an impact upon the quality or quantity of existing recreational opportunities or create a substantial need for new parks or recreational facilities. Solid Waste / Disvosal - The proposed project would not result in a need for significant new or substantial alterations to existing solid waste disposal systems. The development will not breach published national, state or local standards relating to solid waste or litter control. Appendix I Zone Change No. 5575 Page 5 Facility Maintenance - Street or other public facility improvements from the proposed development and eventual buildup of the area will result in an increase in maintenance responsibility for the City of Bakersfield. These increases in services are not deemed significant. Utilities Water - The proposed development would not result in a need for significant additional systems or substantially alter the existing water utilities in the area. Expansion of all water utilities would be required to serve this development, but the impact is not considered significant. Utility companies may require additional mitigation from the applicant for receiving their service. Wastewater - The proposed development would not result in a need for significant additional systems or substantially alter the existing wastewater utilities in the area. Expansion of all wastewater utilities would be required to serve this development, but the impact is not considered significant. The proposed project will not require the extension of any sewer trunk line that will serve new development. Utility companies may require additional mitigation from the applicant for receiving their service. Storm Drainage - The proposed development would not result in a need for significant additional systems or substantially alter the storm drainage systems in the area. Expansion of all storm drain utilities would be required to serve this development, but the impact is not considered significant. Utility companies may require additional mitigation from the applicant for receiving their sen4ce. Natural Gas - The proposed development would not result in a need for significant additional systems or substantially alter the natural gas systems in the area. Expansion of all natural gas utilities would be required to serve this development, but the impact is not considered significant. Utility companies may require additional mitigation from tbe applicant for receiving their service. Electricity - The proposed development would not result in a need for significant additional systems or substantially alter the electricity systems in the area. Expansion of all electric utilities would be required to serve this development, but the impact is not considered significant. Utility companies may require additional mitigation from the applicant for receiving their service. Conununications - The proposed development would not result in a need for significant additional systems or substantially alter the communications systems in the area. Expansion of all communication systems would be required to serve this development, but the impact is not considered significant. Utility companies may require additional mitigation from the applicant for receiving their service. Population / Employment/HousinR The proposed project includes a proposed church use on 7.46 -+ acres. The proposed project will not induce a substantial concentration or displacement of people, or significantly alter the location, distribution, density, or growth rate of the human population of the area, or affect existing housing or create a demand for additional housing. The proposal may impact, in a beneficial way, the temporary and permanent income distribution, employment and/or tax revenues of the City of Bakersfield or County of Kern. The project will not, however, result in significant reduced employment opportunities for low and moderate income socio- economic groups or impact the social affiliation or interaction of the neighborhood. There will not be a significant impact on the privacy of surrounding areas. Appendix I Zone Change No. 5575 Page 6 Health Hazards / Public Safety No health hazards or potential hazards to people or plant or animal populations will be created as a result of the proposed development. The proposal does not involve a risk of explosions or releasing hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset conditions. The project will not attract people to an area and expose them to hazards found there, nor will the project interfere with emergency response plans or emergency evacuation plans. The project is not on the most current hazardous wastes and substances site llst pursuant to Section 65962.5 of the California Government Code. Noise Ambient noise levels will increase through any urban type of development of the site. Typical development standards including building setbacks, walls, and landscaping will prevent substantial increases in the ambient noise levels of the adjoining area, will not expose people to severe noise levels, and would reduce noise impacts to less than significant. Aesthetics The urbanization of the site will alter the open space qualities of the area to a minor degree. The proposed project is not intending any uses or development in the area that would result in the obstruction of any scenic vista or view open to the public, nor will the proposal result in the creation of an aesthetically offensive site open to public view. The project will not have a substantial, demonstrational negative affect. Liltht and Glare Light and glare would increase as a result of electrical lighting facilities surrounding the proposed development and anticipated vehicle traffic. Site plan review of the proposed development will evaluate building location, material selection, lighting design, parking and slgnage placement to buffer proposed light impacts from surrounding developments. Proposed uses should not cause significant light or glare to existing or future development surrounding the site. Natural Resources No non-renewable or other natural resources exist on-site to be used or depleted through the proposed project. Energy Usaoe The proposed church development would not result in significant irreversible environmental changes, including uses of nonrenewable energy resources, during the initial and continued phases of the project. The project will not result in significant energy requirements or lack of energy efficiency by amount or fuel type of a project's life cycle. The proposal will not result in significant effects on local and regional energy supplies or on requirements for additional energy capacity or sources, nor will the project result in significant effects on peak and base period demands for electricity and other forms of energy. The project will not conflict with existing energy standards, nor will it encourage activities which result in the wasteful or substantial use of significant amounts of fuel, water, or energy. The project will not result in significant effects on projected transportation energy requirements or in the project's overall use of efficient transportation alternatives. Appendix I Zone Change No. 5575 Page 7 II. MANDATORY FINDINGS OF SIGNIFICANCE The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or impact important examples of the major periods of California histoE; or pro-history. The project does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term, environmental goals. The project does not have impacts which are individually limited, but cumulatively considerable or for which the incremental effects of an individual project are considerable when viewed in connection with the efforts of past projects, then current projects, and possible future projects. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Reference List 2. 3. 4. 5. 6. 7. Metropolitan Bakersfield 2010 General Plan and Appendices, City of Bakersfield, Kern County, Kern COG, Golden Empire Transit, March 1990. Metropolitan Bakersfield 2010 General Plan DEIR, The PlanningCenter, July, 1989. Metropolitan Bakersfield 2010 General Plan FEIR, SCH #8907032, City of Bakersfield, County of Kern, KCOG, Golden Empire Transit, September, 1989. FEIR Metropolitan Bakersfield Habitat Conservation Plan, Thomas Reid Associates for the City of Bakersfield and Kern County, March 199L Metropolitan Bakersfield Habitat Conservation Plan, Advisory Notice to Developers, Interim kit fox mitigation, September 1987. Title 17, Zoning Ordinance, Bakersfield Municipal Code. Title 16, Subdivision Map Act, Bakersfield Municipal Code. EXHIBIT "A" Zone Change No. 5575 Recommended Mitigation Measures In order to mitigate the impacts o£ any natural to urban land conversion on the San Joaquin kit fox (a State and Federally-listed Endangered Species), the applicant must, prior to ground disturbance, follow the AdvisoU, Notice, detailing the Interim Mitigation Measures established for the Metropolitan Bakersfield Habitat Conservation Plan. p:5575.ai ADVISORY NOTICE The Sen Joaquin kit fox (Vulpes macrotis mutica), a federally-listed endangered species, exists throughout the Bakersfieldmetropul/tan urea. Kit foxes excavate dens for shelter, to raise pups, and to escape from predators such as coyotes. Denning sites may occur on vacant lots in the Bakersfield area where development is planned. Section 9 of the Endangered Species Act of 1973, as amended (Act), prohibits the "take" of federally listed endangered and threatened species. As defined under the Act, take means "to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or the attempt to engage in any such conduct." "Incidental take" (defined as take that is incidental to, and not the purpose of, thc canying out of an otherwise lawful activity) may be authorized by obtaining an '*incidental take permit" pursuant to Section lO(a) of the Act. The City of Bakersfield and County of Kern arc currently developing a regional conservation plan that will balance future urban growth with thc conservation of the San Joaquin kit fox and other sensitive plants and animals. Once approved, this conservation plan will fulfill the primary requirement for obtaining a Section lO(a) permit from the U.S. Fish and Wildlife Service to allow incidental take of the kit fox and other species during development activities. However, while this plan is being developed, and until thc Section 10(a) permit is issued, specific measures must be implemented to prevent unauthorized incidental take of San Joaquin kit foxes and to offset any loss of kit fox habitat resulting from ongoing construction actions. To comply with these measures, ail persons and companies planning to engage in construction or other activities that may impact San Joaquin kit foxes or their habitats within thc prescribed conservation plan boundaries are required to undertake the following specific measures for the kit fox: 1. Prior to ground disturbance, biological surveys for kit foxes and their dens that conform to U.S. Fish and Wildlife Service minimum survey recommendations shall be conducted by a qualified wildlife biologist. Persons requiring further information on minimum survey recommendations should contact Bill Lehman of the Scrvice's Sacramento Field Office at (916) 978-4866. 2. AH known and potential San Joaquin kit fox dens that will be unavoidably destroyed by project actions shall be carefully excavated by or under the direct supetwision of a qualified wildlife biologist. Dens shall be completely excavated and subsequently backfilled and compacted to prevent later use by kit foxes prior to onset of project construction. Monitoring of dens pursuant to Service recommendations shall be conducted prior to excavation to ensure that dens arc not occupied by kit foxes when excavated. If a kit fox is inadvertently found inside a den during excavation, the animal(s) shall be allowed to escape unhindered. Information on den definitions and monitoring recommendations can be obtained by contacting the Sacramento Field Office. 3. To protect female San Joaquin kit foxes and their pups during the breeding season, no development activities likely to result in incidenUd take of kit foxes and no excavation of kit fox dens shah be permitted on any property within the prescribed conservation plan boundaries from January I to April 30, if biological surveys conforming to Service minimum survey recommendations demonstrate the presence of kit foxes on the subject property. Minimum storey reconunendations for the period from Januat3t I to April 30, and for one calendar week preceding January 1, shah consist of seven consecutive high** of negative survey results where methods including spotlighting, scent stations, and placing of tracking medium at all known and potential kit fox dens on the subject property. This shall be enforced unless: a. Subsequent surveys demonstrate that kit foxes have vacated the property on their own, without any form of deliberate human disturbance within 100 feet of or directly to kit fox dens; b. Circular exclusion zones of 100 feet in radius are staked and flagged around all known and potential kit fox dens on the subject property. Development could then proceedon the balance of the property that is outside these exclusion zones; c. Survey information collected by a qualified wildlife biologist indicates that incidental take of kit foxes resulting from den excavations should not occur, provided that such information is presented in writing to the Service's Sacramento Field Office and the Service concurs in writing. 4. As a means of offsetting the unavoidable loss of endangered species habitat associated with development, a fee is required by the city or county. This fee is being assessed upon submittal of a building permit. Specific fee amounts will vary with the size of planned project development. For further information regarding these measures, please contact Jim Movius of the City of Bakersfield Planning Department, 1501 Truxtun Avenue, Bakersfield, California 93301 (805) 326- 3733, or the U.S. Fish and Wildlife Sendce, Sacramento Field Office, 2800 Cottage Way, Room E-1823, Sacramento, California 95825 (916) 978- 4866. Prepared by United States Department of the Interior, Fish and Wildlife Service. AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) CAROL WILLIAMS, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 12th day of September, 1994 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3602, passed by the Bakersfield City Council at a meeting held on the 7th day of September, 1994, and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MPA NO. 102-30 BY CHANGING THE ZONING OF 7.46 ACRES GENERALLY LOCATED ON THE NORTH SIDE OF BRIMHALL ROAD, APPROXIMATELY ONE-QUARTER MILE EAST OF JEWETTA AVENUE FROMAN R-1 (ONE FAMILY DWELLING) TO AN R-1 CH (ONE FAMILY DWELLING- CHURCH) ZONE By: /s/ CAROL WILLIAMS City Clerk of the City of Bakersfield DEPUTY City Clerk