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HomeMy WebLinkAboutORD NO 4184ORDINANCE NO. __~L,L8 4 AN ORDINANCE UPHOLDING THE DECISION OF THE PLANNING COMMISSION, DENYING THE APPEAL BY THE SIERRA CLUB, ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) AND A-HD (AGRICULTURE-HILLSIDE DEVELOPMENT) TO R-1-HD (ONE FAMILY DWELLING- HILLSIDE DEVELOPMENT) ON 160:!: ACRES GENERALLY LOCATED NORTH OF PALADINO DRIVE, WEST OF THE PROPOSED MORNING DRIVE ALIGNMENT, IN THE NORTHWEST QUARTER OF SECTION 7, T29S, R29E. (FILE #03-1133) 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 from Aera Energy, L.L.C. to change the land use zoning of those certain properties in the City of Bakersfield generally located North of Paladino Drive, west of the proposed Morning Drive alignment, in the northwest quarter of Section 7, T29S, R29E as shown in Exhibit "B". 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 A (Agriculture) to R-1 (One Family Dwelling) and A-HD (Agriculture-Hillside Development) to R-1-HD (One Family Dwelling- Hillside Development); and WHEREAS, by Resolution No. 10-04 on February 5, 2004 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 03-1133 as delineated on attached Zoning Map No. 104-07 marked Exhibit "C" and more specifically described in attached Exhibit "D", subject to conditions and mitigation measures listed in Exhibit "A" and this Council has fully considered the recommendations made by the Planning Commission as set forth in that Resolution; and WHEREAS, on February 12, 2004, The Sierra Club filed an appeal to the Planning Commission's recommendation on this project; and WHEREAS, responses to concerns presented by the Sierra Club were prepared and considered by the Planning Commission and City Council in recommending approval of the negative Declaration and are hereby made part of the record for the proposed project; and WHEREAS, the facts presented in the staff report and evidence at the above referenced public hearings support the findings contained in this resolution; and WHEREAS, the Council of the City of Bakersfield conducted and held a public hearing on WEDNESDAY, March 24, 2004, on the above described Zone Change No. 03-1133, notice of time and place of the hearing having been given at least ten (10) calendar days before the hearing by publication in the Bakersfield Californian, a local newspaper of general circulation; and ORiGiNAL 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 November 10, 2003 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows residential development, with which the R-1 (One Family Dwelling) and R-I-HD (One Family Dwelling - Hillside Development) zones are consistent; 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 (CEQA) have been followed as follows: In accordance with adopted guidelines of the San Joaquin Valley Air Pollution Control District, the agency with jurisdiction over the affected resource, the project's impacts to air quality, as projected in an Air Quality Study prepared by W.Z.I. Inc. (January 2004), fall below the thresholds of significance. In accordance with CEQA Section 21083.3 b. and CEQA Guidelines Section 15183, this project is consistent with the development density established by the existing zoning and adopted General Plan, for which an Environmental Impact Report (EIR) was certified on December 11, 2002. There are no significant impacts which are peculiar to this project or parcel which were not considered in the General Plan EIR. There are no significant impacts which are peculiar to this project which were not analyzed in the EIR prepared for the adopted General Plan. There are no potentially significant off-site impacts and cumulative impacts which were not discussed in the EIR prepared for the General Plan. Mitigation measures have been incorporated into the project and agreed to by the applicant to adddress air quality, cultural resources, wildfires, and biological resources. None of the requirements for a subsequent EIR or negative declaration pursuant to CEQA section 21166 or CEQA Guidelines sections 15162 and 15163 are present. The proposed zone change will not cause new significant environmental impacts that were not previously discussed in the General Plan EIR or an increase in severity of previously discussed impacts. No major revisions are necessary to the previously adopted General Plan. Accordingly, the City finds that adoption of the Mitigated Negative Declaration is appropriate and that no subsequent or supplemental EIR is necessary. 2 ~ "' O~GtNAL The public necessity, general welfare and good zoning practica justify the requested change of zone from the existing zoning district to R-1 (One Family Dwelling) and R-I-HD (One Family Dwelling - Hillside Development) zones. Based on the evidenca 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, and the mitigation measures proposed to address impacts on biological resources, 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 Fish and Game Code. Additionally, the assumption of adverse effect is rebutted by the above- referenced evidenca and the conclusion of the Final Environmental Impact Report that the implementation of the proposed mitigation measures would reduce project and cumulative impacts on biological resources to a level that is less than significant. Responses to the December 3, 2003 Sierra Club letter are hereby incorporated into the Negative Declaration by reference. 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 appeal submitted by the Sierra Club is hereby denied. 3. The Negative Declaration is hereby approved and adopted. 4. 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 cartain property in said City, the boundaries of which property is shown on Zoning Map. No. 104-07 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D" subject to the Conditions of Approval contained in Exhibit "A". 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. ......... o0o ......... ORIGINAL the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by Council City of Bakersfield at a regular meeting thereof held on APR 1_ ~ ?.1~4 the by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGG[O COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER P~ELA A. McCARTHY, C,~C CITY CLERK and Ex Officie(,Clerk of the Council of the City of Bakersfield APPROVED APR i ~. 2004 Mayor o tf he C~y of Bakersfiel~ APPROVED as to form VIRGINIA GENNAR~ City Attorney Exhibits: A. Oonditions of Approval B. Location Map O. Zone Map D. Legal Description LP/S:~Zone Change\03-1133\CC\ord ORIGINAL EXHIBIT "A" ZONE CHANGE 03-1133 CONDITIONS OF APPROVAL/MITIGATION MEASURES Mitigation Measures Air Quality 1. 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 pedods 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 VIII, 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 stabilizedsuppressant, 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, oreffectively wetted to limit visible dust emissions, and at least six inches of freeboard space from the top of the container shall be maintained. · 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 O~IG[NAL ZC 03-1133 Exhibit "1" Page 2 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 stabilizedsuppressant. · 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. Cultural Resources: 3 Portions of project may be located in the Sharktooth Hill bone bed. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet, subdivider shall: 3.1 .Submit a map delineating the areas within 600 and 700 feet elevation of the subdivision to be disturbed. 3.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set forth in the procedures to be followed during the monitoring program. 3.3 A full-time paleontological monitor that is trained and equipped to allow rapid removal of fossils with minimal construction delay shall be on the project site during ground disturbance activities within 600 and 700 feet elevation. 3.4 If fossils are found within an area being cleared or graded, earth-disturbing activities shall be diverted elsewhere until the monitor has completed salvage of the fossils. If construction personnel make the discovery, the grading contractor shall immediately divert construction and call the monitor to the site for fossil salvage. 4 The project paleontologist shall prepare, identify and curate all recovered fossils. Upon completion of grading, the project paleontologist shall prepare a summary report documenting mitigation measures and results, with itemized inventory of collected specimens. Paleontologist shall submit the report to the City of Bakersfield, and any other appropriate agency, and transfer fossil collection to an appropriate depository. 5 If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify the proper authorities and be subject to any mitigation measures required of the archeologist. (Recommendation of a Cultural Resources Study prepared by Hudlow Cultural Resource Associates, dated October 2003). OR~G~,~,L ZC 03-1133 Exhibit "1" Page 3 Hazards and Hazardous Materials 6 Every tract and parcel map shall contain an advisory notice within the conditions of approval recommending that property owners use plant materials which are fire resistant. A comprehensive list is available from the fire department (mitigation against wildfires). Biological Resources 7 With submittal of any subdivision map, the applicant shall provide a biological study of the property. The study shall include, but not be limited to, an evaluation of habitat suitability for Blunt-Nosed Leopard Lizard (BNLL). If property is suitable habitat for BNLL, BNLL surveys will be acquired prior to grading. Conditions of Approval 8 With submittal of any subdivision application on the property, the applicant shall provide offers of dedication for road access to property adjacent to the northeast boundary of the property as approved by the Public Works Director and Planning Director. 9 Future development plans (including subdivision) shall provide an open space corridor which preserves the sides and bottom of the canyon proposed for a trail east of the future park site as shown in the Specific Parks and Trails Plan for Northeast Bakersfield. The open space corridor shall link to the park site (Condition added by the City Council). 10 No vehicular access shall be allowed to or from the east side of the project area (Condition added by the City Council). IE~(HiBiTtB I-n ORIGIN&L EXHIBIT C ZONE CHANGE 03-1133 ) R-1-HD A-HD TO R-1 A-HD TO R-1-HD A TO R-1 A-HD TO I:1-1 A-HD TO R-1-HD A TO R-1 A~I~D TO R-I~"ID -' A TO R-I' 'HO ~,-HO TO R'-I 104 ' EXHIBIT D LEGAL DESCRIPTIONS. PROPOSED ZONING NW QUARTER SECTION 7, T 29 S, R 29 E R-1 ZONE AREA "A' COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHI? 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA; THENCE l.) NORTH 00°02'40', WEST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 1657.08 FEET; 2.) NORTH 79004'34'' EAST, LEAVING THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 640.35 FEET; 3.) NORTH 50o05'20'' EAST, TO THE NORTH LINE OF SAID SECTION 7, DISTANCE OF 1354.24 FEET; 4.) NORTH 89o50'29'' EAST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 600.00 FEET; 5.) SOUTH 47021'40'' EAST, LEAVING THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 530.11 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; 6.) 7.) 8.) 9.) SOUTH 29°50'29" WEST, A DISTANCE OF 675.00 FEET; 10.)SOUTH 64o25'43'' EAST, A DISTANCE OF 757.35 FEET; 11 .)NORTH 54°23'49" EAST, A DISTANCE OF 711.46 FEET; SOUTH 39°07'51" WEST, LEAVING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 270.95 FEET; SOUTH 02~09'31" EAST, A DISTANCE OF 400.00 FEET; ~~ SOUTH 65°33'29'' WEST, A DISTANCE OF 1100.00 FEET; I. L8 7~g5 12.)NORTH 89°50'12" EAST, TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 237.54 FEET; 13.)SOUTH 00o13'04'' EAST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 324.86 FEET; Page l of 4 14.)SOUTH 89°50'29'' WEST, LEAVING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 250.00 FEET; 15.)SOUTH 44°02'22" WEST, A DISTANCE OF 551.13 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; 16.)SOUTH 89"50'32" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2030.25 FEET, RETURNING TO THE WEST QUARTER CORNER OF SAID SECTION 7. CONTAINING 101.73 ACRES+ R-1-HD ZONE AREA "B" COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA; THENCE NORTH 00002'40'. WEST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 1657.08 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 7, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS PROPOSED ZONE AREA; THENCE 1.) NORTH 79°04'34'' EAST, LEAVING THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 640.35 FEET; 2.) NORTH 50'05'20" EAST, TO THE NORTH LINE OF SAID SECTION 7, DISTANCE OF 1354.24 FEET; 3.) SOUTH 89°50'29'' WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 1668.28 FEET, TO THE NORTHWEST CORNER OF SAID SECTION 7; 4.) SOUTH 00"02'40" EAST, ALONG THE WEST LINE OF SAID SECTION 7, A DISTANCE OF 985.61 FEET RETURNING TO THE TRUE POINT OF BEGINNING FOR THIS PROPOSED ZONE AREA. CONTAINING 23.70 ACRES± Page 2 of 4 R-1-HD ZONE AREA "C" COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE A_ND MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA; THENCE NORTH 89°50'32" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2030.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING FOR THIS PROPOSED ZONE AREA; THENCE 1.) NORTH 89"50'32" EAST, CONTINUING ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 634.62 FEET, TO THE CENTER QUARTER CORNER OF SAID SECTION 7; 2.) NORTH 00°13'04'' WEST, ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 395.13 FEET; 3.) SOUTH 89°50'29" WEST, LEAVING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 250.00 FEET; 4.) SOUTH 44°02'22'' WEST, A DISTANCE OF 551..13 FEET TO A POINT IN THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, SAID POINT BEING THE TRUE POINT OF BEGINNING FOR THIS PROPOSED ZONE AREA. CONTAINING 4.01 ACRES:i: Page 3 of 4 R-1-HD ZONE AREA "D" COMMENCING AT THE WEST QUARTER CORNER OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, coUNTY OF KERN, STATE OF CALIFORNIA; THENCE NORTH 89°50'32'' EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 2664.87 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 7; THENCE NORTH 00°13'04'' WEST, ALONG THE EAST LINE OF SAID SECTION 7, A DISTANCE OF 2642.60 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 7 AND THE TRUE POINT OF BEGINNING FOR THIS PROPOSED ZONE AREA; THENCE 1.) SOUTH 89050'29'' WEST, ALONG THE NORTH LINE OF SAID SECTION 7, A DISTANCE OF 388.60 FEET; 2.) SOUTH 47°21'40'' EAST, TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 530.11 FEET; 3.) SOUTH 39°07'51" WEST, LEAVING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 270.95 FEET; 4.) 5.) 6.) 7.) SOUTH 02°09'31" EAST, A DISTANCE OF 400.00 FEET; SOUTH 65°33'29" WEST, A DISTANCE OF 1100.00 FEET; sOUTH 29 50 29 WEST, A DISTANCE OF 675.00 FEET; SOUTH 64°25'43" EAST, A DISTANCE OF 757.35 FEET; 8.) NORTH 54°23'49'' EAST, A DISTANCE OF 711.46 FEET; 9.) NORTH 89°50'12'' EAST, TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 237.54 FEET; 10.)NORTH 00°13'04'' WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, A DISTANCE OF 1922.75 FEET. RETURNING TO THE NORTH QUARTER CORNER OF SAID SECTION 7 AND THE TRUE POINT OF BEGINNING FOR THIS PROPOSED ZONE AREA. CONTAINING 31.99 ACRES± Page 4 of 4 OR!GIN,'~L 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 16th day of Apdl , 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4184, passed by the Bakersfield City Council at a meeting held on the 14th day of April, 2004 and entitled: AN ORDINANCE UPHOLDING THE DECISION OF THE PLANNING COMMISSION, DENYING THE APPEAL BY THE SIERRA CLUB, ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO, 104-07) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICTULTURE) TO R-I (ONE FAMILY DWELLING) AND A-HD (AGRICULTURE- HILLSIDE DEVELOPMENT) TO R-I-HD (ONE FAMILY DWELLING-HILLSIDE DEVELOPMENT) ON 160+ ACRES GENERALLY LOCATED NORTH OF PALADINO DRIVE, WEST OF THE PROPOSED MORNING DRIVE ALIGNMENT, IN THE NORTHWEST QUARTER OF SECTION 7, T29S, R29E. (FILE# 03-1133) Is~ PAMELA a. McCARTHY City Clerk of the City of Bakersfield By: Clerk ,"' ORIGINAL ~