HomeMy WebLinkAboutORD NO 4177ORDINANCE NO. 4 I~ ~ ~
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO.123-29)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE-FAMILY DWELLING) ON 77.80 ACRES
GENERALLY LOCATED ALONG THE SOUTH SIDE OF
PANAMA LANE AND THE EAST SIDE OF OLD RIVER ROAD
(FILE # 03-1192)
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 south side of Panama Lane and the east side of Old River Road;
and
WHEREAS, by Resolution No. 179-03 on December 18, 2003, the Planning
Commission recommended disapproval General Plan Amendment 03-1192, and due to the
recommendation of disapproving the General Plan Amendment, the Planning Commission did
not take any action on the requested zone change and this Council has fully considered the
recommendations made by the Planning Commission as set forth in Resolution No. 179-03;
and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact in Resolution No. 179-03 which warranted a negative
declaration of environmental impact and the Council has considered said environmental
findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of Mitigated
Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Mitigated Negative Declaration was advertised and posted on December
18, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows agricultural, residential and
commercial 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.
3. The proposed project will not have a significant effect on the environment.
ORIGINAL
4. Mitigation Measures/Conditions shown on Exhibit No. B1 are included in the
proiect to ameliorate impacts.
5. The proposed project is consistent with the surrounding land uses.
6. The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
7 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 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:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Mitigated 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. 123-29 marked Exhibit
B 2 attached hereto and made a part hereof, and are more specifically described in attached
Exhibit B 3.
4. Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit B1, subject to approval of GPA 03-1192.
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.
2
ORIGINAL
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 March 10, 2004 by the
following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAMELA A. McCARTHY(..CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAR 1 0 2004
HARVEY L. HALL /
Mayor of the City of Bakersfield
APPROVED as to forr~
VIRGINIA GENNAR0,
City Attorney
S:\Dole\03-1192~CC ZC Ord. DOC
3
ORIGINAL
EXHIBIT B1
MITIGATION/CONDITIONS
General Plan Amendment 03-1192
Negative Declaration/Initial Study
Planning
Planninq
If any human remains are discovered, all work shall stop until the Kern
County Coroner has been notified and has evaluated the remains. If any
other archaeological artifacts are discovered during site development, all
work shall stop until the find has been evaluated by a qualified
archaeologist or historian.
If cultural resources are unearthed during ground disturbance activities, all
work shall halt in the area of the find. A qualified professional
archaeologist shall be called in to evaluate the findings and make the
appropriate mitigation recommendations.
With submittal of a tentative map application, site plan review or grading
plan, whichever occurs first, a cultural resources field survey shall be
provided to the Planning Director.
Aqricultural Conversion Study (The Lusich Company)
The following note shall appear on all final maps:
"Neiqhborinq Business Activity Statement:
The County of Kern encourages operation of properly conducted business
in agricultural, oil, mining, manufacturing, and other nonresidential
operations within the County. If the property you are purchasing is located
near these businesses, you may be subject to inconveniences or
discomforts arising from such operations to the extent allowed by law.
This notice does not waive your legal rights."
ORIGINAL
Air Quality Impact Study (WZl INC.)
Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures should be utilized during the construction phase of
the project to reduce construction exhaust emissions. These mitigation measures are
stated in the GAMAQI guidance document as approved mitigation for construction
equipment:
· Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction
employee commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
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.
Mitigation Measures for Fugitive Dust Emissions
Construction of the project requires the implementation of control measures set forth
under Regulation VJIJ, Fugitive PM, 0 Prohibitions of the San Joaquin Valley Air
Pollution Control District. The following mitigation measures, in addition to those
required under Regulation VIII, can reduce fugitive dust emissions associated with these
projects:
All disturbed areas, including storage piles, which are not being actively
utilized for construction purposes, shall be effectively stabilized of dust
emissions using water, chemical stabilizer/suppressant, covered with a tarp
or other suitable cover, or vegetative ground cover.
All onsite unpaved roads and offsite unpaved access roads shall be
effectively stabilized of dust emissions using water or chemical
stabilizer/suppressant.
All land clearing, grubbing, scraping, excavation, land leveling, grading, cut
&fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
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.
ORIGINAL
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 prohibited except where preceded or
accompanied by sufficient wetting to limit the visible dust emissions. Use of
blower devices is expressly forbidden).
Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizer/suppressant.
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.
Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
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.
Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period)
Limit construction-related vehicle speeds to 15 mph on all unpaved areas at
the constructions site.
Wash off construction and haul trucks to minimize the removal of mud and
dirt from the project sites.
Traffic Study (Ruettgers & Schuler)
Intersection and street improvements which are needed by the year 2023 to maintain or
improve the operational level of service of the street system in the vicinity of the project
are shown in Table 7. The table also identifies which improvements are not covered by
the Regional Transportation Impact Fee (RTIF) program and the project's percent share
for the cost of all non-RTIF (local mitigation) improvements. Intersection LOS with
mitigation improvements is shown in Tables 3 and 4.
Future Street Improvements
and Local Mitigation Percentages
# Total Improvements Improvements not Project %
Intersection Required by 2023 Covered by RTIF Sham for Local
Mitigation
3 Old River Rd & Install Signal - 1 EBL 1 EBL (Stripe Only) 5.57%
Campus Park Dr
ORIGINAL
Old River Rd & Insta[I Signal- 1 1 WBL* 7.63%
Harris Rd NBL,
1 WBL, I SBL, 1
EBL
Buena Vista Rd & Install Signal- 1 None 3.04%
Panama Ln NBL,
1 WBL, 1 SBL, 1
EBL
Mountain Vista Dr & Install Signal - 1 1 NBL*, 1 SBL* 3.92%
Panama Ln NBL,
1 WBL, 1 SBL, 1
EBL
Old River Rd & Install Signal- 1 None 7.59%
Panama Ln NBL,
1 WBL, 1 SBL, 1
EBL
Progress Rd & Install Signal- 1 Install Signal- 1 6.62%
Panama Ln NBL, NBL,
1 WBL, 1 SBL, 1 1 SBL
EBL
Gosford Rd & Install Signal- 1 None 3.85%
Panama Ln NBL,
1 NBR, 1WBL, 2
SBL, 1 EBL
Reliance Dr & Install Signal - 1 1NBL*, 1 SBL 2.97%
Panama Ln NBL, (Stripe Only)
1 SBL, I EBT
Ashe Rd & Install Signal- 1 None 2.03%
Panama Ln NBL,
1 EBT
Golden Gate Dr & Install Signal - 1 1 NBL*, SBL 1.43%
Panama Ln NBL, (Stripe Only)
I SBL
* Assumed to be constructed by adjacent development
NB= North Bound
SB= South Bound
WB= West Bound
EB= East Bound
L- Left Turn Lane
T= Through Lane
R= Right Turn Lane
Traffic generated by the proposed 77.5-acre residential development will have minimal
impact on existing and future traffic operations in the vicinity of Panama Lane and Old
River Road. Therefore, it is recommended that the project pay the proportionate share
for the local mitigation improvements identified in Table 7 and the standard per-lot rate
for residential development under the Regional Transportation Impact Fee program.
ORIGINAL
Public Works
With submittal of a land division or Lot Line Adjustment application,
provide dedication of Old River Road and Panama Lane to arterial and
collector standards, including expanded intersections.
Submit a comprehensive 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.
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.
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.
Local Mitigation
Pay the proportionate share of the following mitigation measures (not paid
for by the Regional Transportation Impact Fee - RTIF nor included with
normal development improvements) as indicated in Table 7 of the traffic
study . An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a
building permit.
Progress Road/Panama Lane - Install signal, add north and south bound
left turn lanes, 6.62% share
ORIGINAL
Reliance Drive/Panama Lane - Stripe south bound left turn lane, 2.97%
share
Golden Gate Drive/Panama Lane - Stripe south bound left turn lane,
1.43% share
Reqional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development, for
the residential portions.
ORIGINAl
x
ZONE CHANGE 03-1192
A TO R-1
ZONING MAP
ORIGINAl.
EXHIBIT B3
ZONE CHANGE 03-1192
DESCRIPTION OF OLD RIVER ESTATES
BEING PORTIONS OF LOTS I AND 8 AND ALL OF LOTS 9, 16 AND 17 OF
SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY SECTION 29,
TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B.& M. AS FILED JUNE 16, 1897
IN THE RECORDER'S OFFICE OF THE COUNTY OF KERN, STATE OF
CALIFORNIA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29;
THENCE S89°14'59"E ALONG THE NORTH LINE OF SAID SECTION A
DISTANCE OF 659.83 FEET TO THE NORTHWEST CORNER OF THE EAST HALF
OF SAID LOT 1 AND THE POINT OF BEGINNING;
THENCE S89°14'59"E CONTINUING ALONG SAID NORTH LINE A DISTANCE
OF 469.82 FEET TO A POINT LYING 190.00 FEET WESTERLY OF THE
NORTHEAST CORNER OF SAID LOT 1;
THENCE S00°35'39"W PARALLEL WITHTHE EAST LINE OF SAID LOT 1 A
DISTANCE OF 460.00 FEET;
THENCE S89°14'59"E PARALLEL WITH THE NORTH LINE OF SAID LOT 1 A -
DISTANCE OF 190.00 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE S00°35'39'W ALONG THE EAST LINES OF SAID LOTS 1, 8, 9,16 AND
17 A DISTANCE OF 2833.89 FEET TO THE SOUTHEAST CORNER OF SAID LOT
17;
THENCE N89°I 8'25"W ALONG THE SOUTH LINE OF SAID LOT 17 A DISTANCE
OF 1317.90 FEET TO THE SOUTHWEST CORNER OF SAID LOT 17 AND THE
WEST LINE OF SAID SECTION 29;
THENCE N00°33'50"E ALONG SAID WEST LINE AND THE WEST LINE OF SAID
LOTS 9, 16 AND 17 A DISTANCE OF 1981.43 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 8;
THENCE S89° 17'09"E ALONG THE SOUTH LINE OF SAID LOT 8 A DISTANCE
OF 659.48 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF SAID
LOT 8;
THENCE N00°34'44"E ALONG THE WEST LINE OF THE EAST HALF OF SAID
LOTS 1 AND 8 A DISTANCE OF 1313.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 77.84 ACRES MORE OR LESS.
/~. ~Y~.-X/XNQOREN L.S. 3707
103475.100.LEGAL DESCRiPTION OLD RIVER ESTATES.DOC
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__l i,~ day of March , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4177, passed by the
Bakersfield City Council at a meeting held on the /~ day of March, 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 123-29) OF SEVENTEEN OF THE THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A (AGRICULTURE) TO R-1 (ONE-
FAMILY DWELLING) ON 77.80 ACRES GENERALLY
LOCATED ALONG THE SOUTH SIDE OF PANAMA
LANE AND THE EAST SIDE OF OLD RIVER ROAD
(FILE# 03-1192)
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPLOY City Clerk
ORIGINal