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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