HomeMy WebLinkAboutORD NO 4172ORDINANCE NO. 4 '~ ff ~
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
APPROVING THE PROPOSED AMENDMENT TO SECTION
17.06.020 (ZONE MAP NO. 102-21) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE
ZONING OF CERTAIN PROPERTY IN THE CITY OF
BAKERSFIELD FROM R-1 (ONE FAMILY DWELLING) TO R-2/
P.U.D. (LIMITED MULTIPLE-FAMILY DWELLING/PLANNED
UNIT DEVELOPMENT) ON 42.89 ACRES LOCATED ON THE
NORTH SIDE OF MEANY AVENUE, BETWEEN COFFEE ROAD
AND PATTON WAY. (FILE# ZC 03-1176).
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 for certain property in the City of Bakersfield located
on the north side of Meany Avenue, between Coffee Road and Patton Way (Exhibit "A"), and
more specifically described in Exhibit "B"; and
WHEREAS, for the above-described proposal, an Initial Study was conducted and it was
determined that the proposed project would not have a significant effect on the environment if
certain mitigation measures were adopted for construction equipment exhaust, fugitive dust
emissions, and traffic impacts, and, therefore, a Negative Declaration was prepared and posted
on November 17, 2003, in accordance with CEQA; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, the Planning Commission, and this Council;
and
WHEREAS, the Planning Commission determined that the P.U.D. (Planned Unit
Development) zone should be combined with the proposed R-2 zone to allow the developer to
demonstrate to the Planning Commission that the project can be designed as a walkable
community to schools and commercial development; and
WHEREAS, the Planning Commission determined that an eight (8) foot high block wall
along the northern boundary of the project site is necessary to adequately protect the adjacent
single family residences; and
WHEREAS, by Resolution No. 185-03 on December 18, 2003, the Planning
Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to
approve Zone Change No. 03-1176 as delineated on attached Zoning Map No. 102-21, marked
Exhibit "A", respectively, and this Council has fully considered the Planning Commission's
recommendation as set forth in that Resolution; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All above recitals are true and correct.
The provisions of the California Environmental Quality Act have been met.
1
ORIGINAL
The proposed project would not have a significant effect on the
environment.
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 711.4 of the State of California
Department of 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 decision to prepare a Negative Declaration for this project.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
The above recitals and findings are true and correct and constitute the Findings
of the Council, incorporated herein.
2. The Negative Declaration for Zone Change No. 03-1176 is hereby adopted.
The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal
Code of the City of Bakersfield be and the same to change the land use zoning
from R-1 (One Family Dwelling) to R-2/P.U.D. (Limited Multiple-Family Dwelling/
Planned Unit Development) on 42.89 acres located on the north side of Meany
Avenue, between Coffee Road and Patton Way (File# ZC 03-1176) of that
certain property in said City, the boundaries of which property is shown on
Zoning Map No. 102-21, marked Exhibit "A", respectively, attached hereto and
made a part hereof, and more specifically described in attached Exhibit "B", with
conditions of approval/mitigation measures as proposed in Exhibit "C", is hereby
approved and adopted.
The Mitigation Monitoring and Reporting Checklist as provided in Exhibit D is
hereby adopted.
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 February 25, 2004, by the
following vote:
2
ORIGINAL
~ COUNCIL MEMBER BENHAM. CARSON, COUCH, HANSON, MAGGARD, SALVAGGtO, SULLIVAN
NOES: COUNCILMEMBER
ABSTAIN: COUNClL MEMBER
ABSENT: COUNCIL MEMBER
APPROVED FEB 2004
HARVEY L. HALL
Mayor
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
Exh~i~ Aflached:
Exhibit A - Zone Change Map
Exhibit B - Legal Description
Exhibit C - Conditions of Approval /Mirigatio~ Me~zs~rcs
Exhibit D - Mitigation Monitoring & Reporting Checklist
3
~Ou
ZONE CHANGE 03-1176
R-1 TO ~
R-2/P.U.D.
EXHIBIT
o ~I'-'
ORIGINAL
ZONE CHANGE EXHIBIT
LOT 4 OF LLA P01-O706 PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 19, 2001,
AS DOCUMENT NO. 0201171670, o.r. IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO
BEING A PORTION OF THE NORTHWEST QUARTER Of SECTION 21, TOWNSHIP 29 SOUTH,
RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA
LOT 4. OF
THE SAUES MAP OF LANDS OF KERN COUNTy
LAHD COivlPA NY
P A T T 0 N W A Y COU/Vrf ~ KERN
( ZN m~r )
1 inch = 40b ft. ~
R-! TO R-.2
42.89 ACRES
SEE PACE J F~
EASE/~ENT LEGEND AND o
UNE TABLE o
LOT 2 OF !.LA
PO 1-0706
C-£
Ix L12
· N LOT 3 OF LLA
POi -0706
COFFEE
(~vr ~ ~r)
,90AD
LOT 1 OF
LOT UNE ADJ. 80-00
DOC. NO. O2OOI33732, O.R.
M--3PD
-- PARCEL 2 OF
PARCEL MAp NO. 3420
0 BK. !.5, PG. !70
-- M-3PD
PARCEL 4
,PARCEL MAP NO. 1071!
P.M. BK. 51,
PCEL 151--15£
PARCEL £
P.M. NO. 10711 P.M. ~K.
51, PGS. 151-152
PARCEL 'A' LLA. NO.
IDOC NO. 020O$410O0
RECORDED 11/03/00
KERN
u
ORIGINAL
ZONE CHANGE EXHIBIT
LOT 4 OF LLA PO1-O706 PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 19, 2001,
AS DOCUMENT NO. 0201171670, O.R. IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO
BEING A PORTION Of THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH,
RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA
LINE TABLE
LINE LENG1H 8EA~ING
LI 807..00'
L2 1815.22' $89'05'31'E
L5 84.73' SO0'J~8'IO~F/
L4 ,12.32' 545°~16'50'W
L5 60.00' 500'.~8'I0'W
L6 288.01' N89'O4'.~O"W
L7 64g. 60' S00'44'42"IY
L8 1082.80' $79'45'04'~
L9 450.43' 564'00'I0"W
LIO 102.03' S00~51'34"W
L I I .T, 70. O0' N89'OS'26 "W
L12 716..,T?' N00'517.4"£
LI3 61&58' N33'39'30*E
L14 I02.~I' NOO~54'29"E
EASEMENT I FGEND:
$00' WIDE EASEMENT IN FAVOR OF PACIFIC GAS & ELECTRIC
PER
BK. 5089, PG. 2430, O.R.
100' PG&E TOI#ER UNE EAS~klENT PER BK. 3502, PG. 919,
BK. 6155, PG. 1689 & BK. 5089, PG. 2450, ALL O.R.
EXIST BEARD.SI.Y CANAL L^IERAL 1-t CITY OF BAKERSFIELD
O~NEESHIP PER Q{JlTCLAIM RECORDED IN BK. 4999, PC. 409, O.R.
STREET RIGHT-OF-WAY O£OICA]10N TO Cllh" OF BAKERSFIELD
PER
DOC NO. 0195029000, RECORDED 03/07/95,
SIREET RIC,,HT-OF-WAY DEDICATION TO CITY OF BAKERSRELD PER
DOC NO. 0195028999, RECORDED 03/07/95,
STREET RIGHT-OF-WAY DEDICATION TO Cllh' OF BAKERSFIELD PER
BK. 6314, PG. 2029, OR.
EASEMENT & IRREVOCABLE OFFER OF DEDICATION TO COUNTY OF KERN
PER BK. 6125. PG. 1917, O,R.
ORIGINA
EXHIBIT B
LEGAL DESCRIPTION
LOT 4 OF LOT LINE ADJUSTMENT NO. P01-0706 PER CERTIFICATE OF COMPLIANCE
RECORDED ON NOVEMBER 19, 2001, AS DOCUMENT NO. 0201171670, OF OFFICIAL
RECORDS IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION
OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 29 SOUTH, RANGE 27 EAST,
MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 21, THENCE SOUTH
89'05'31" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 21, A DISTANCE OF 807.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE 1)
THENCE2)
THENCE3)
THENCE4)
THENCE5)
THENCE6)
THENCE7)
THENCE8)
THENCE9)
CONTINUING ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 21, SOUTH 89°05'31" EAST, A DISTANCE OF 1815.22 FEET;
DEPARTING SAID NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 21, SOUTH 00'38'10" WEST, A DISTANCE OF 84.73 FEET;
SOUTH 45'46'50" WEST, A DISTANCE OF 42.32 FEET;
SOUTH 00'38'10" WEST, A DISTANCE OF 60.00 FEET;
NORTH 89'04'30" WEST, A DISTANCE OF 288.01 FEET;
SOUTH 00'44'42" WEST, A DISTANCE OF 648.60 FEET;
SOUTH 79"45'04" WEST, A DISTANCE OF 1082.80 FEET;
SOUTH 64'00'10" WEST, A DISTANCE OF 450.43 FEET;
SOUTH 00'51'34" WEST, A DISTANCE OF 102.03 FEET;
89'08"26" WEST, A DISTANCE OF 370.00 FEET;
00'51'34" EAST, A DISTANCE OF 718.37 FEET;
33'39'30" EAST, A DISTANCE OF 618.58 FEET;
00°54'29'' EAST, A DISTANCE OF 102.31 FEET TO THE TRUE POINT
THENCE 10) NORTH
THENCE 11) NORTH
THENCE 12) NORTH
THENCE 13) NORTH
OF BEGINNING.
CONTAINING 42.89 GROSS ACRES, MORE OR LESS.
KFMc>M:tWPDOCS~lwcO3~O3-88tzone-change-tegal. wpd
ORIGINAL
EXHIBIT C
ZONE CHANGE NO. 03-1176
CONDITIONS OF APPROVAL/MITIGATION MEASURES
GENERAL
With submittal of a land division or Lot Line Adjustment application, provide
dedication of Patton Way and Meany Avenue to arterial and collector
standards, including expanded intersections as required.
a)
Submit a revised drainage study to be submitted to and approved
by the City Engineer. Site any drainage retention facility on the
periphery of the GPA area 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. Provide an easement
for the ultimate retention basin site, along with necessary
easements for the transportation of drainage water to the site.
b)
Submit verification to the City Engineer of the existing sewer
systems capability to accept the additional flows to be generated
through development under the new land use and zoning.
c)
Payment of median fees for the frontage of the property within the
GPA request. These fees may be paid prior to recordation of any
map or approval of improvement plans.
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. A full access opening will only be considered if the
developer funds and installs a traffic signal at the site entrance. Said
signal will only be permitted if a signal synchronization study is submitted
and approved, which shows progression is not adversely affected.
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.
S:\GPA 4th Qtr 2003~03-1176~Exhibit Z0~ing Condi~ons.doc
ORIGINAL ~
AIR QUALITY IMPACT MITIGATION MEASURES
1. Mitigation measures proposed for construction equipment exhaust:
a)
The developer shall properly and routinely maintain all construction
equipment, as recommended by manufacturer manuals, to control
exhaust emissions.
b)
The developer shall shut down equipment when not in use for
extended periods of time to reduce emissions associated with idling
engines.
c)
The developer shall encourage ride sharing and use of transit
transportation for construction employee communting to the project
site.
d)
The developer shall use electric equipment for construction
whenever possible in lieu of fossil fuel-fired equipment.
e)
The developer shall curtail construction during periods of high
ambient pollutant concentrations; this may include ceasing of
construction activity during the peak-hour of vehicular traffic on
adjacent roadways.
2. Mitigation measures for fugitive dust emissions:
a)
All disturbed areas, including storage piles, which are not being
actively utilized for construction purposes, shall be effectively
stablized of dust emissions using water, chemical stablizer/
suppressant, covered with a tarp or other suitable cover, or
vegetative ground cover.
b)
All onsite unpaved roads and offsite unpaved access roads shall be
effectively stablized of dust emissions using water or chemical
stablizer/suppressant.
c)
All land clearing, grubbing, scraping, excavation, land leveling,
grading, cut and fill, and demolition activities shall be effectively
controlled of fugitive dust emssions utilizing application of water or
by presoaking.
d)
When materials are transported offsite, all material shall be
covered, or effectively wetted to limit visible dust emissions, and at
least six inches of freeboard space from the top of the container
shall be maintained.
2
ORIGINAL
e)
All operations shall limit or expeditiously remove the accumulation
of mud or dirt from adjacent public streets at the end of each
workday. (The use of dry rotary brushes is expressly prohibted
except where preceded or accompanied by sufficient wetting to limit
the visible dust emissions. Use of blower devices is expressly
forbidden).
f)
Following the addition of materials to, or the removal of materials
from, the surface of outdoor storage piles, said piles shall be
effectively stablized of fugitive dust emissions utilizing sufficient
water or chemical stablizer/suppressant.
g)
Within urban areas, trackout shall be immediately removed when it
extends 50 or more feet from the site and at the end of each
workday.
h)
Any site with 150 or more vehicle trips per day shall prevent
carryout and trackout.
i)
Asphalt-concrete paving shall comply with San Joaquin Valley Air
Pollution Control District Rule 4641 and restrict the use of cutback,
slow-cure and emulsified asphalt paving materials.
J)
Cease grading activities during periods of high winds (greater than
20 mph over a one-hour period).
k)
Limit construction-related vehicle speeds to 15 mph on all unpaved
area at the constructions site.
i)
Wash off construction and haul trucks to minimize the removal of
mud and dirt from the project sites.
TRAFFIC IMPACT MITIGATION MEASURES:
Pay the proportionate share of the following mitigation measures (not paid
for by the Regional Transportation Impact Fee - RTIF) as indicated in
Table 7 of the traffic study. An estimate and fee schedule shall be
developed by the applicant and approved prior to recordation of a map or
issuance of a building permit.
a) Coffee Road/Meany Avenue - Install signal, add north bound left
and right turn lanes, 3.49% share.
S:~GPA 4th Qtr 200,~03-1176\Exhibit Zoning Conditions,doc
ORIGINAL
b)
Fruitvale Avenue/Meany Avenue - Add west bound left turn lane,
1.89% share.
c)
Calloway Drive/Rosedale Highway -Add east, west and north
bound left turn lanes, north and south bound through lanes, north
bound right turn lane, 0.69% share
d)
Coffee Road/Rosedale Highway - Add east bound right turn lane,
3.24% share
e)
Fruitvale Avenue/Rosedale Highway - Add north, east and west
bound left turn lanes, add north, east and west bound right turn
lanes, 1.8% share
Regional Transportation Impact Fee - Pay the standard residential fees,
as adopted at time of development, for the residential portions.
PLANNING:
Prior to issuance of a certificate of occupancy for any structure, an eight
(8) foot high block wall shall be constructed and completed along the entire
northern boundary of the project site.
ORIGINAL
EXHIBIT D
Zone Change No. 03-1176
Mitigation Monitoring and Reporting Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring and PaR
Mi~gatlen Measure Reporting Monitoring Responsible
Process Milestone for Monitoring
Initials Date Remarks
1 AIR QUALITY IMPACT MITIGATION MEASURES Construction Construction Planning
Review Approval Department
A. Mitigation measures proposed for construction
equipment exhaust:
1) The developer shall properly and routinely
maintain all construction equipment1 as
recommended by manufacturer manuals, to control
exhaust emissions.
2) The developer shall shut down equipment when
not in use for extended pedods of time to reduce
emissions associated with idling engines.
3) The developer shall encourage ride shadng and
use of transit transportation for construction
employee communting to the project site.
4) The developer shall use electdc equipment for
construction whenever possible in lieu of fossil fuel-
fired equipment.
5) The developer shall curtail construction dudng
pedods of high ambient pollutant concentrations;
this may include ceasing of construction activity
dudng the peak-hour of vehicular traffic on adjacent
roadways.
B. Mitigation measures for fugitive dust emissions:
1) All disturbed areas, including storage piles,
which are not being actively utilized for construction
purposes, shall be effecUvely stablized of dust
emissions using water, chemical stablizer/
suppressant, covered with a tarp or other suitable
cover, or vegetative ground cover.
2) All onsite unpaved roads and offsite unpaved
access roads shall be effectively stablizeq of dust
emissions using water or chemical stablizer/
suppressant.
3) All land clearing, grubbing, scraping,
excavation, land leveling, grading, cut and fill, and
demolition activities shall be effectively controlled of
fugitive dust emssions utilizing application of water
or by presoaking.
4) When matertais are transported offsite, all
material shall be cevereq, or effec~vely wetted to
limit vis~ble dust emissions, and at least six inches
of fraeboarb space from the top of the container
shall be maintained.
ORIGINAL
5) All operations shall limit or expeditiously remove
the accumulation of mud or dirt from adjacent
public streets st the end of each workday. (The
use of dry rotary brushes is expressly pmhibted
except where preceded or accompanied by
sufficient wetting to limit the visible dust emissions.
Use of blower devices is expressly forbidden).
6) Following the addition of matsdals to, or the
removal of materials from, the surface of outdoor
storage piles, said piles shall be effectively
stablized of fugitive dust emissions utilizing
sufficient water or chemical stablizer/suppressant.
7) Within urban areas, trackout shall be
immediately removed when it extends 50 or more
feet from the site and at the end of each workday.
8) Any site with 150 or more vehicle trips per day
shall prevent carryout and trackout.
9) Asphalt-concrete paving shall comply with San
Joaquin Valley Air Pollution Control District Rule
4641 and resthct the use of catback, slow-cure and
emulsified asphalt paving materials.
10) Cease grading activities during periods of high
winds (greater than 20 mph over a one-hour
period).
11) Limit construction-related vehicle speeds to 15
rnph on all unpaved area at the constructions site.
12) Wash off construction and haul trucks to
minimize the removal of mud and dirt from the
project sites.
Page 2 of 3
ORtG~N~L
EXHIBIT D Cont.
Zone Change No. 03-1176
Mitigation Monitoring and Reporting Checklist
No. VERIFICATION OF COMPLIANCE
Monitoring and Party
M~ation Measure Reporting Monitoring Resl3ons~ble
Process Milestone f~' Monitoring
Initials Date Remarks
2 TRAFFIC IMPACT MITIGATION MEASURF,~ Construction Construction Public Works
Review Approval Department
A. Pay the prepo~onate share of the following
mitigation measures (not paid for by the Regional
Transportation Impact Fee - RTIF) as indicated in
Table 7 of the t~affic study. An estimate and fee
schedule shall be developed by the applicant and
approved pdor to recordation of a map or issuance
of a building permit.
1) Coffee Road/Meany Avenue - Install signal,
add north bound left and right turn lanes, 3.49%
share.
2) Fruitvate Avenue/Meany Avenue - Add west
bound left turn lane, 1.89% share.
3) Calloway Ddve/Rosedale Highway - Add east,
west and north bound left turn lanes, north and
south bound through lanes, north bound right turn
lane, 0.69% share
4) Coffee Road/Rosedale Highway - Add east
bound right turn lane, 3.24% share
5) Fruitvale Avenue/Rosedale Highway - Add
north, east and west bound left turn lanes, add
north, east and west bound dght turn lanes, 1.8%
share
Reeional TransDortaton ImDact Fe~ - Pay the
standard residential fees, as adopted at trne of
development, for the residental portions.
S:IGPA 4th Qtr 2003~03-1176~Mit Monitoring. doc
Page 3 of 3
ORIGINAL
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 26th day of February , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4172, passed by the
Bakersfield City Council at a meeting held on the 25th day of February, 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND APPROVING THE PROPOSED
AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO.
102-21) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE TO CHANGE THE ZONING OF
CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD
FROM R-I (ONE FAMILY DWELLING ) TO R-2/P.U.D.
(LIMITED MULTIPLE-FAMILY DWELLING/PLANNED
UNIT DEVELOPMENT) ON 42.89 ACRES LOCATED ON
THE NORTH SIDE OF MEANY AVENUE, BETWEEN
COFFEE ROAD AND PATTON WAY. (FILE# ZC 03-1176)
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DF_.~U'I'~' City Clerk
ORIGWAL