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HomeMy WebLinkAboutORD NO 4064ORDINANCE NO. Z~ 0 6 4 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NOS. 101-36 AND 122-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 TO R-2 ON 43.45 ACRES AND FROM R-2 TO R-1 ON 17.67 ACRES AND AMENDING CONDITION NO. 29 OF CITY COUNCIL ORDINANCE NO. 3774 FOR THOSE SITES GENERALLY LOCATED BETWEEN THE KERN RIVER FREEWAY SPECIFIC PLAN LINE, STOCKDALE HIGHWAY, THE KERN RIVER, CALLOWAY DRIVE AND ALLEN ROAD (FILE # P01-1019) 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 between the Kern River Freeway Specific Plan Line, Stockdale Highway; the Kern River, Calloway Drive and Allen Road; and WHEREAS, by Resolution No. 35-02 on April 4, 2002, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 and R-2 zoning as delineated on attached Zoning Map Nos. 101-36 and 122-01 marked Exhibit "2", by this Council and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, by Resolution No.35-02 on April 4, 2002, the Planning Commission recommended approval and adoption of an ordinance amending "condition number 29" of "Ordinance Number 3774" and such existing condition is as follows: 29. "The applicant has offered to dedicate the 20-foot wide equestrian easement along the east side of Allen Road (at the Rio Bravo Spreading Grounds) southerly to Stockdale Highway, then easterly to the Cross Valley Canal, subject to the approval of the Planning Director, prior to the issuance of a building permit for the project. Further, that Castle & Cooke will dedicate a one acre site, for a "staging" area and picnic area, prior to the issuance of a building permit for the site. Castle & Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses, subject to the approval of the Planning Director, within three years from commencement of the project, if the policy for park development credit is adopted for trails by the City of Bakersfield, the city will recommend that North Bakersfield Recreation & Park District give the applicant park credit for the "staging" area improvements, which are provided in excess of $30,000. The one acre site for the "staging" area is located north of the intersection of Stockdale Highway and the Cross Valley Canal"; 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 R-1 to R-2 and from R-2 to R-1 and amending "condition number 29" of "Ordinance Number 3774" 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 was advertised and posted on March 1, 2002 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows LR (Low Density Residential), GC (General Commercial) and OS-P (Open Space-Parks and Recreational Facilities) 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 the California Environmental Quality Act have been followed. Based on the initial study and comments received, staff has determined that the proposed project could not have a significant effect on the environment. A Mitigated Negative Declaration was prepared for the project in accordance with CEQA. 4. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield 2010 General Plan. The public necessity, general welfare and good planning practices justify the amendments to the Land Use Element of the Metropolitan Bakersfield 2010 General Plan and to amendments to Condition No. 29 of City Council Resolution No. 70-97 agreed upon during the Planning Commission public hearing of April 4, 2002. Based on the absence of evidence in the record as required by Section 21082.2 of the State of California Public Resources Code (CEQA) for the purpose of documenting significant effects, it is the conclusion of the Lead Agency that this project will result in impacts that fall below the threshold of significance with regard to wildlife resources and, therefore, must be granted a "de minimis" exemption in accordance with Section 711 of the Sate of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-reference absence of evidence in the record and the Lead Agency's. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: 1. 2. All of the foregoing recitals are hereby found to be true and correct. The Negative Declaration is hereby approved and adopted. '~)RIGINN. 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 Nos.101-36 and 122-01 marked Exhibit "2" attached hereto and made a part hereof, and more specifically described in attached Exhibit "3". 4. Amendments to Condition No. 29 of City Council Resolution No. 70-97 are hereby made as follows: 29. "Prior to recordation of any tract or parcel map within the South of Brimhall Project area, the applicant shall dedicated a 20 foot wide equestrian easement starting from a point on Allen Road (at the Rio Bravo recharge area) to a point on the City of Bakersfield property adjacent to the Cross Valley Canal (subject to approval of the Planning Director). Further, that Castle & Cooke will dedicate and improve a one acre site, for a "staging" area and picnic area, prior to recordation of any tract in the South of Brimhall Project area. Castle & Cooke shall improve it as a "staging" area and picnic area for equestrian/pedestrian uses, subject to the approval of the Planning Director. If the policy for park development credit is adopted for trails by the City of Bakersfield, the city will recommend that North Bakersfield Recreation & Park District give the applicant park credit for the staging area improvements, which are provided in excess of $30,000. The one acre site for the "staging" area is located north of the intersection of Stockdale Highway and the Cross Valley Canal. The applicants obligation to make improvements as depicted in Exhibit "A" may be waived upon payment of $30,000.00 to the City ( to cover some of the City's cost to construct a "staging" and picnic area). The "South of Brimhall" area is defined as that area bound by Allen Road, Stockdale Highway, Jewetta Avenue and the Kern River Freeway". 5. Such zone change and amendments to Condition No. 29 of City Council Resolution No. 70-97 are hereby made subject to the approval of conditions of approval and mitigation measures listed in attached Exhibit "1", subject to approval of GPA P01-0219. SECTION 2. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective not less than thirty (30) days from and after the date of its passage. ......... 000 ......... 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 JUN 1 2 20.02 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ~ COUNCILMEMBER ~ COUNCILMEMBER ~ 3 ,~RIGINA~ CITY CLERK and Ex O fthe Council of the City of Bakersfield APPROVED ~J~ 1 HARVEY L. HALL - MAYOR of the City of Bak~'sfield APPROVED AS TO FORM: By: 7~.~ ~..,,.~ ~.. S:\Dole\P01-1019\CC OZC.wpd *F)RiGINAL EXHIBIT "1" Mitigation Measures/Conditions of Approval General Plan Amendment/Zone Change P01-1019 Mitigation Measures (From South of Brimhall Road Project EIR) Mitigation Measures: Prior to the issuance of a grading permit, the project applicant shall pay a development fee in accordance with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the dust suppression measures that shall be completed during construction activities to comply with SJVUAPCD Regulation VIII. Prior to the approval of a grading plan for any residential tract, multiple family project, and commercial project, the project applicant shall submit a letter to the City of Bakersfield Planning Department from the SJVUAPCD stating the measures that shall be completed during asphalt paving will comply with SJVUAPCD Rule 4641. The construction grading plans shall include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. The construction grading plans shall include a statement that work crews will shut off construction equipment when not in use. 6. The project applicant shall incorporate the following in building plans. Solar or Iow-emission water heaters shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient Iow-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in each of the proposed commercial areas. If cultural resources are unearthed during construction activities, all work shall be halted in the area of the find. A qualified archaeologist shall be called in to evaluate the findings and recommend any necessary mitigation measures. Proof of compliance with any recommendations resulting from such evaluation, if required, shall be submitted to the Southern San Joaquin Valley Archaeological Information Center (AIC) at California State University, Bakersfield, and the City GPA/Zone Change P01-1019 January 28, 2002 Page 2 of Bakersfield Development Services Department Prior to recordation of tract maps, all abandoned oil wells shall be identified, tested for leakage, and, if necessary, re-abandoned in accordance with Department of Oil and Gas procedures to avoid gas migration impacts. Prior to recordation of tract maps, all idle and producing oil wells on the project site shall be enclosed by block walls to reduce the potential for accidents. 10. Prior to recordation of tract maps, the project applicant shall provide setbacks from idle and producing oil wells in accordance with the City's municipal code. 'The setbacks shall be a minimum of 100 feet for residences and a minimum of 300 feet for assembly, education, and institutional occupancies. 11. Prior to issuance of building permits, all oil-contaminated soil shall be remediated to the satisfaction of the local Unified Program Agency (The Office of Environmental Services-Bakersfield City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or California Department of Toxic Substances Control. Conditions Of Approval Public Works Department Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Jewetta Avenue and Stockdale Highway to arterial standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site any drainage retention facility to facilitate future expansion or consolidation of drainage facilities as adjacent area develops. The study shall be approved and any required retention site and necessary easements dedicated to the city. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination of whether a right turn lane is required at the access street(s) will also be made at the time of division or development. C)RIGINA~ GPAUZone Change PO 1 - 1019 January 28, 2002 Page 3 Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time of issuance of building permits. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance District with submittal of any development plan, tentative subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. The 17.67 acre portion of this GPNZC is also subject to the requirements of GPA/ZC P96-0287. RED:djl S:\Dole\P01-1019\conditions.wpd OF~iGINAL FP'P PCD CITY Of BAKERSFIELD ZONING MAP 122-OI SEC OI T 505 R. 26E LEGEND CiTY OF BAKERSFIELD ZONING MAP SEC 36 ~29s. LEGENO 101-56 EXHIBIT ZONE CHANGE P01-1019 ZONE CHANGE LEGAL DESCRIPTION PROPOSED R-1 ZONE (FROM R-2) ALL THOSE PORTIONS OF SECTION 1, TOWNSHIP 30 SOUTH, RANGE 26 EAST, AND SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MD.M, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE S.85°52'11"W., 2687.58 FEET TO THE CENTERLINE OF STOCKDALE HIGHWAY AND THE POINT OF BEGINNING, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.17°11'51"E.; THENCE WESTERLY ALONG SAID CURVE AND SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 10°44'53'' AN ARC DISTANCE OF 562.76 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2560.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.73°58'22"W.; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35°16'47" AN ARC DISTANCE OF 1576.31 FEET; THENCE S.38°41'35"E., 560.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.38°41'35"W.; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°05'59 AN ARC DISTANCE OF 1190.30 FEET TO THE POINT OF BEGINNING. CONTAINING 17.67 ACRES. PROPOSED R-2 ZONE (FROM R-l) ALL THAT PORTION OF SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING OESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36, THENCE N.47°42'10"W., 1774.15 FEET TO THE NORTHEASTERLY BOUNDARY OF THE RIO BRAVO CANAL AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHEASTERLY BOUNDARY THE FOLLOWING THREE (3) COURSES: 1) N.28°48'02"W., 1005.56 FEET; THENCE 2) N.43°01'20"W., 799.92 FEET; THENCE 3) N.78°41'32'~/., 62.10 FEET; THENCE DEPARTING SAID NORTHEASTERLY BOUNDARY, S.89°15'08"E., 2365.64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1999.56 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S.76°38'16"E.; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48'22'19" AN ARC DISTANCE OF 1688.13 FEET; THENCE S,61°44'30"W-, 313.15 FEET TO THE POINT OF BEGINNING. CONTAINING 43.45 ACRES. 6836 28~EGALS~PROPOSED R1.DOCMFK~EC.3. 2001 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, 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 13th day of June , 2002 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4064 , passed by the Bakersfield City Council at a meeting held on the 12th day of June 2002 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NOS. 101-36 AND 122-01) OF TITLE SEVENTEEN OF THE BAKERSIFELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 TO R-2 ON 43.45 ACRES AND FROM R-2 TO R-1 ON 17.67 ACRES AND AMENDING CONDITION NO. 29 OF CITY COUNCIL ORIDNANCE NO. 3774 FOR THOSE SITES GENERALLY LOCATED BETWEEN THE KERN RIVER FREEWAY SPECIFIC PLAN LINE, STOCKDALE HIGHWAY, THE KERN RIVER, CALLOWAY DRIVE AND ALLEN ROAD. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield City ~lerk