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Home My WebLink AboutORD NO 3883ORDINANCE NO. 3 8 8 3 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS, 122-01 AND 122-12 BY CHANGING THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ALONG THE NORTHWEST AND SOUTHWEST CORNERS OF BUENA VISTA ROAD AND MING AVENUE (EXTENDED). 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 along the northwest and southwest corners of Buena Vista Road and Ming Avenue (extended); and WHEREAS, by Resolution No. 145-98 on December 17, 1998, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve a change from C-2 (Regional Commercial) to R-1 (One Family Dwelling - 6,000 square feet lot size) and from R-1 (One Family Dwelling - 6,000 square feet lot size to C-2 (Regional Commercial) zoning as delineated on attached Zoning Map Nos. 122-01 ane 122-12 marked Exhibits "B-1" and "B-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, 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 to R-1 (One Family Dwelling - 6,000 square feet lot size) and from R-1 (One Family Dwelling - 6,000 square feet lot size) to C-2 (Regional Commercial) 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 mitigations was advertised and posted on November 20, 1998, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows Low Density General Commercial and Low Density Residential development, subject to approval of General Plan Amendment No. P98-0729; and WHEREAS, the City Council has considered and hereby makes the following findings: 1. All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. C}RiGiNAi 3. Mitigation measures, incorporated from the Final Environmental Report for P96-0589 (Buena Vista Project) shown on Exhibit "A" are included in the project to ameliorate impacts. The proposed project, as mitigated, will not have a significant effect on the environment. 4. The subject site is located within the boundaries of General Plan Amendment P96-0589 (Buena Vista Project) for which a Final Environmental Impact Report was certified. 5. General Plan Amendment P96-0589 (Buena Vista Project) Final Environmental Impact Report contents include but is not limited to mitigation measures, findings and Statements of Overriding Consideration applicable to this amendment. 6. Mitigation measures, incorporated from the Final Environmental Report for P96-0589 (Buena Vista Project) shown on Exhibit "A" are included in the project to ameliorate impacts. 7. The proposed zoning designations are consistent with the overall approval for the Buena Vista Project in conjunction with the Final Project EIR. 8. The proposed zoning designations are consistent with projected land use and development trends in the surrounding vicinity. 9. The proposed zoning is consistent with the level of circulation access and public services expected to be available to the site. 10. 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 State of California Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above-referenced absence of evidence in the record and the Lead Agency's decision to prepare a Negative Declaration for this project. SECTION 1. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. Section 17.06020 (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. 122-01 and 122-12 marked Exhibits "B-I" and "B-2" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", subject to approval of GPA P98-729. 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 ......... 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 MAR 17 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, FHgVVL'C-'43, SULLIVAN, SALVAGGIO COUNCILMEMBER IV o rt ~o, COUNCILMEMBER/~ ,,jLEs COUNCILMEMBER ~ft F. Assistant CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield AppROVEDMAR 7_ ,"' 1999 MAYOR of the City of Bakersfield APPROVED as to form: OFFICE OF THE CITY ATTORNEY CARL HERNANDEZ Assistant City Attorney res\o729-cc MJMt February 8, 1999 3 EXHIBIT "A" General Plan Amendment/Zone Change P98-0729 Mitigation Measures (From Buena Vista-Kern River Ranch FEIR GPNZC P96-0589 and P97-0074) SUMMARY OF MITIGATION MEASURES Public Health and Safety Agricultural Use of Property/Adjacent Properties 5.3-1 Prior to issuance of any grading permit, the project applicant shall perform soil tests to determine concentrations of pesticide and fungicide residues which may be present within the project sites. Should contaminant levels be in excess of acceptable Federal, State and/or County levels, the project applicant shall identify and implement remedial action, subject to approval by the City of Bakersfield and responsible regulatory agencies to reduce contaminants to acceptable levels. Oil Fields 5.3-3a The following Mitigation Measure applies to the Buena Vista project site only: Pursuant to the Division of Oil, Gas and Geothermal Resources, active wells and associated equipment within the project area shall be enclosed by an eight-foot block wall, with barbed wire on the inside at the seven-foot level. Appropriate gates shall be installed and climbable landscaping around the perimeter of the facility shall be avoided. The inside grade of the facility shall be constructed so that potential spillage will be confined to the enclosure. Improvements are the responsibility of the project applicant/developer. 5.3-3b Sufficient access to the existing and abandoned wells shall be maintained in order for the Division of Gas, Oil and Geothermal Resources (Division) to investigate the condition of the wellheads and check for leakage. If any reabandonments are required, the Division shall furnish necessary specifications to the property owner. 5.3-3c If any abandoned or unrecorded wells are uncovered, or damaged during excavation or grading activities, remedial plugging operations pursuant to Division of Gas, Oil and Geothermal Resources requirements would be required. 5.3-3d 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. Valley Fever 5.3-5 At the initial construction meeting prior to grading activities, all construction workers must be informed as to the symptoms of Valley Fever. Traffic and Circulation Trip Generation and Distribution 5.5-1 Pdor to the issuance of building permits, the project applicant(s) shall comply with the Metropolitan Bakersfield Transportation Impact Fee Program. The project applicants shall participate in the improvements required on a pro-rata fair-share basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate 2020 cumulative traffic plus Buena Vista and Kern River Ranch project traffic volumes, the above referenced fees shall be used to provide the following improvements: Intersection Improvements Rosedale Highway and Renfro Road: add eastbound through lane and westbound through lane (LOS C); Rosedale Highway and Fruitvale Drive: add southbound left turn lane and southbound right turn lane (LOS C); Brimhall Road and Allen Road: add eastbound left turn lane, westbound left turn lane, northbound through lane, and southbound through lane (LOS C); Brimhall Road and Calloway Drive: add southbound right turn lane (LOS C); Stockdale Highway and Heath Road: provide exclusive turn lanes for southbound approach (LOS B); Stockdale Highway and Renfro Road: add eastbound lane (LOS C); Stockdale Highway and Allen Road: add northbound left turn lane, northbound through lane, southbound left Turn lane, southbound through lane, eastbound left turn lane, eastbound right turn lane, and westbound left turn lane (LOS C); Stockdale Highway and Buena Vista Road: add westbound left turn lane and eastbound right turn lane (LOS C); Kern River Ranch Entrance #1 and Buena Vista Road: add eastbound left turn lane, eastbound right turn lane, northbound left turn lane, and southbound right turn lane (with Kern River Ranch) (LOS B); Deer Peak Drive and Buena Vista Road: add northbound through lane, southbound through lane and southbound left turn lane (LOS B); Ming Avenue and Allen Road: add westbound left turn lane, northbound right turn lane, and two southbound left turn lanes (LOS B); Ming Avenue and Buena Vista Road: full expansion per City of Bakersfield's Standard Detail T-4 (LOS C); Ming Avenue and Ashe Road: add northbound left turn lane (LOS C); Chamber Boulevard and Buena Vista Road: provide two left turn lanes/one through lane/one right turn lane for eastbound approach, one left turn lane/one through lane/one dght turn lane for westbound approach, one left turn lane/two through lanes/one right turn lane for northbound approach, and one left turn lane/two through lanes/one right turn lane for southbound approach (with Buena Vista) (LOS C); White Lane and Buena Vista Road: add two eastbound left turn lanes, eastbound right turn lane, northbound through lane, northbound right turn lane, southbound left turn lane, southbound through lane, and southbound right turn lane (LOS C); and Panama Lane and Gosford Road: add northbound left and southbound left (LOS A). Segment Improvements Rosedale Highway (Calloway Drive to Fruitvale Avenue): widen to six lanes (LOS A); Brimhall Road (Jewetta Road to Calloway Road): widen to four lanes (LOS A); Stockdale Highway (Buena Vista Road to Old River Road): widen to six lanes (LOS A); Stockdale Highway (Gosford Road to Ashe Road): widen to six lanes (LOS A); Stockdale Highway (Real Road to Wible Road): widen to six lanes (LOS A); Ming Avenue (Allen Road to Buena Vista Road): widen to four lanes (LOS B); Taft Highway (Buena Vista Road to Old River Road): widen to four lanes (LOS A); Allen Road (Hageman Road to Rosedale Highway): widen to four lanes (LOS A); Allen Road (Rosedale Highway to Stockdale Highway): widen to four lanes (LOS C); Allen Road (Stockdale Highway to Ming Avenue): widen to four lanes (LOS C); Buena Vista Road (Stockdale Highway to Ming Avenue): widen to six lanes/add median (LOS A); Buena Vista Road (Ming Avenue to White Lane): widen to six lanes/add median (LOS B); Buena Vista Road (White Lane to Pacheco): widen to four lanes (LOS A); and Gosford Road (Pacheco Road to Panama Lane): widen to four lanes (LOS A). Traffic Signal Warrant 5.5-2a The applicant(s) shall participate in the improvements required on a pro-rata fair-share basis as provided in Table 8, BUENA VISTA & KERN RIVER RANCH: INTERSECTION PRO-RATA SHARE OF MITIGATION/REQUIRED MITIGATION, of the Supplemental Traffic Impact Study for Buena Vista & Kern River Ranch Cumulative Impact, dated June 1997. To accommodate Year 2020 cumulative traffic with projects condition, traffic signals are projected to be required at the following intersections and the above referenced fees shall be used to provide the following improvements: Stockdale Highway and Heath Road; Stockdale Highway and Renfro Road; Kern River Ranch Entrance #1 and Buena Vista Road; Deer Peak Drive and Buena Vista Road; Chamber Boulevard and Buena Vista Road; Pacheco Road and Gosford Road; and Ming Avenue and Allen Road. 5.5-2b The traffic signals required as a result of the proposed project shall include an interconnect of the signals to function in a coordinated system with existing and planned signals. Noise Long-Term Noise Impacts 5.6-2a To reduce significant traffic noise impacts to below 65 dBA CNEL at proposed residential locations adjacent to collector and arterial roadways, the project applicant(s) shall incorporate sound barriers, along cited roadways. Since lot design and grading plans are not yet available, the exact height and location of barriers cannot be accurately determined at this time. However, barriers (i.e., berms, sound walls) between six and eight feet may be required to reduce noise levels to acceptable levels. 5.6-2b Prior to the issuance of a building permit for the proposed commercial uses, the project applicant shall demonstrate that project commercial noise source impacts on nearby residences are below those indicated in the City's hourly noise level performance standards. To demonstrate commercial noise source impacts are below the City's standards, the project applicant may need to include project design features such as setbacks, barriers, building location/orientation, acoustical design of buildings, etc. Air Quality Short-Term Impacts 5.7-1 a 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 in order to comply with SJVUAPCD Regulation VIII. 5.7-1b 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 SJUAPCD stating the measures that shall be completed during asphalt paving in order to comply with SJVUAPCD Rule 4641. 5.7-1 c The construction grading plans shall include a statement that all construction equipment shall be tuned and maintained in accordance with the manufacture's specifications. 5.7-1 d The construction grading plans shall include a statement that work crews shall shut off construction equipment when not in use. Long-Term Impacts 5.7-2 The project applicant shall incorporate the following in building plans: Solar or low-emission water heater shall be used. Central water heating systems shall be used. Double-paned glass shall be used in all windows. Energy efficient low-sodium parking lot lights shall be used. One (1) bicycle rack shall be provided in each of the proposed commercial areas. Cumulative Impacts 5.7-4 Mitigation measures beyond those contained in applicable plans and policies would be implemented on a project-by-project basis. No additional mitigation measures are required. Biological Resources Sensitive Resources 5.8-1a Prior to the issuance of a grading permits, the project proponents shall comply with all appropriate terms and conditions of the MBHCP to the City. The MBHCP requires certain take avoidance measures for the San Joaquin kit fox. MBHCP guidelines regarding tracking and excavation shall be followed to prevent entrapment of kit fox in dens. Specific measures during the construction phase of the project shall be implemented and include the following: A preconstruction survey shall be conducted prior to site grading to search for native kit fox dens (specifically tracking shall be conducted at the potential active den located in the southeastern portion of the Kern River Ranch project site). All pipes, culverts or similar structures with a diameter of four inches or greater shall be kept capped to prevent entry of kit fox. If they are not capped or otherwise covered, they shall be inspected daily prior to burial or closure to ensure no kit foxes, or other protected species, become entrapped. Excavations shall either be constructed with escape ramps or be covered to prevent entrapment. Or the site(s) could be protected during construction, such as with a wildlife exclusion fence, which would eliminate the possibility of ranging animals from being harmed during construction. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed from the site to minimize attracting ranging kit fox or other animals. With the exception of Swainson's hawk (see following mitigation measure), impacts to special- status species on the project site are covered under the terms and conditions of the MBHCP and associated Implementing Agreement. The compensation and avoidance requirements of the MBHCP and buffer zones proposed as part of this project are consistent and follow an ecosystem management approach for endangered species, and provide adequate compensation of the Swainson's hawk and all other potentially occurring special-status species. 5.8-1 b Prior to issuance of grading permit(s), the project applicant(s) shall comply with the following raptor nest mitigation requirements: If grading is proposed to occur during the raptor nesting season (February through September), a focused survey for raptor nests shall be conducted by a qualified raptor biologist prior to grading activities in order to identify active nests in areas potentially impacted by project implementation. If construction is proposed to take place during the raptor nesting/breeding season (February through September), no construction activity shall take place within 500 feet of an active nest until the young have fledged (as determined by a qualified raptor biologist). Trees containing nests that must be removed as a result of project implementation shall be removed during the non-breeding season (October through January). Cultural Resources Paleontology 5.9-1 If archeological or paleontological resources are discovered during excavation and grading activities on-site, the contractor shall stop all work and the developer shall retain a qualified archeologist to evaluate the significance of the finding and appropriate course of action. Salvage operation requirements in Appendix K of the California Environmental Quality Act Guidelines shall be followed and the treatment of discovered Native Amedcan remains shall comply with State codes regulations of the Native American Heritage Commission. Archaeology 5.9-2b The following measure applies to the Buena Vista project only: An archaeological monitor shall be present at CA-KER-3962 during any subsurface construction activities. If significant cultural resources are discovered during monitoring, more testing or data recovery may be required. 5.9-2d Should human remains be discovered at any time on any portion of the project, work shall halt and the coroner be notified immediately (Section 7050.5 of the Health and Safety Code). In the absence of an archaeological monitor, a qualified archaeologist and the local Native American community, shall also be notified. Public Services and Utilities Schools 5.10-3a The following mitigation measure applies to the Buena Vista project only: Prior to the issuance of a building permit for any residence within the project area, the applicant shall submit fees to the Kern County High School District and Panama- Buena Vista Union School District in the amount of $4.06 per square foot of assessable space (as defined in Section 65995 of the Government Code) for each such residence. This amount shall increase in even numbered years according to the adjustment for inflation determined by the State Allocation Board for Class B construction. Payment would not be required to a district which has certified in writing that alternative mitigation measures have been undertaken with respect to the project to adequately address school overcrowding. \ \ C-O N mO O3: CITY OF BAKERSFIELD ZONING MAP 122-01 SEC. OI T 30S R 26E LEGEND CITY OF BAKERSFIELD ZONING MAP SEC 12 '[ 3~OS. LEGEND r_-/'E.~'SC-OOl,.S ~.'-- ~ PUBLIC PARKS 122-12 R26E. EXHIBIT 'C' PROPOSED C-2 (FROM R-2) ALL THAT PORTION OF SECTION 1, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1; THENCE N.88°52'30'W. ALONG THE SOUTH LINE OF SAID SECTION I A DISTANCE OF 771.34 FEET; THENCE DEPARTING SAID SOUTH LINE AT RIGHT ANGLES, N.01 °07'30'E., 418.72 FEET; THENCE N.46°54'32'E., 488.19 FEET; THENCE S.89°10'15'E., 417.52 FEET TO THE EAST LINE OF SAID SECTION; THENCE S.00°49'45'W. ALONG SAID EAST LINE A DISTANCE OF 761.34 FEET TO THE POINT OF BEGINNING. CONTAINING 12.05 ACRES. PROPOSED R-t (FROM C-2) ALL THAT PORTION OF SECTION 12, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 12; THENCE S.00°49'47"W. ALONG THE EAST LINE OF SAID SECTION 12 A DISTANCE OF 651.22 FEET; THENCE DEPARTING SAID EAST LINE, N.88°52'30'W., 1070.24 FEET; THENCE N.00°49'47"E., 651.22 FEET TO THE NORTH LINE OF SAID SECTION 12; THENCE S.88°52'30'E. ALONG SAID NORTH LINE A DISTANCE OF 1070.24 FEET TO THE POINT OF BEGINNING. CONTAIN 16.00 ACRES. 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 18th day of March , 1999 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3883 , passed by the Bakersfield City Council at a meeting held on the 17th day of March 1999 , and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NOS. 122-01 AND 122-12 BY CHANGING THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD LOCATED ALONG THE NORTHWEST AND SOUTHWEST CORNERS OF BUENA VISTA ROAD AND MING AVENUE (EXTENDED). Is/PAMELA A. MCCARTHY City Clerk of the City of Bakersfield DB~:pUTy City~~Cle~ S:\DOCUMEN'P, AOPOSTING March 18, 1999