HomeMy WebLinkAboutORD NO 4187ORDINANCE NO. 4 I 8 7
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 122-24) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM FROM A-20A
(AGRICULTURE-20 ACRE MINIMUM LOT SIZE) TO R-1 (ONE-
FAMILY DWELLING) ON 60+ ACRES GENERALLY LOCATED
ALONG THE NORTH SIDE OF PANAMA LANE,
APPROXIMATELY ONE-FOURTH MILE WEST OF BUENA
VISTA ROAD (FILE # ZC 03-1473)
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 north side of Panama Lane approximately one-fourth
mile west of Buena Vista Road; and
WHEREAS, by Resolution No. 16-04 on March 18, 2004, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve R-1 zoning as delineated on attached Zoning Map No. 122-24
marked Exhibit B2, 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 A-20A to R-land 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 Mitigated Negative Declaration was advertised and posted on
February 10, 2004, 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.
The provisions of the California Environmental Quality Act have been
followed.
The proposed project is consistent with the surrounding land uses.
Based on the initial study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Mitigated Negative Declaration was prepared for the
project in accordance with CEQA.
ORIGINAL
The proposed project is consistent with the Metropolitan Bakersfield
General Plan.
The proposed project is within the southern and western growth pattern
of the City of Bakersfield.
The public necessity, general welfare and good planning practices justify
the requested zone change.
This project will eliminate 60 acres from agricultural production. Policy
number 14 of the Conservation Element of the Metropolitan Bakersfield
General Plan requires analysis to determine agricultural impact. Policy
number 14 and findings (in italics) addressing the policy items are as
follows:
Policy No. 14
When considering proposals to convert designated agricultural lands to
non agricultural lands to nor-agricultural use, the decision making body of
the City and County shall evaluate the following factors to determine the
appropriateness of the proposal;
Soil quality - The soil type of the subject site is Kimberlina fine sandy
loam, 0 to 2 percent slopes. This soil meets the requirement for
prime farm land if irrigation water is available. Limitations include
overirrigating and leaching of plant nutrients. The subject site does
not present a unique soil type for this area.
The conversion of the project site to urbanization is appropriate for
the area.
Availability of irrigation water - The subject site is not unique for
farmland in the area in having an adequate supply of irrigation for
agricultural production.
The conversion of the project site to urbanization is appropriate for
the area.
Proximity to non-agricultural uses - Approximately one-fourth mile
east of the subject site, along the east side of Buena Vista Road
between Pacheco Road and Panama Lane, there are existing single-
family subdivisions, and the land is being prepared for single-family
subdivision development (i.e. land is being graded and curbs and
gutters are have been constructed).
The conversion of the project site to urbanization is appropriate for
the area.
Proximity to intensive parcelization - Section 19, T30 S, R27 E,
located approximately one-fourth mile east of the subject site has
been intensively subdivided for single-family dwellings (see Proximity
to non-agricultural uses above).
2 '-
ORIGINAL
The conversion of the project site to urbanization is appropriate for
the area.
Effect on properties subject to "Williamson Act" land use contracts -
The subject site is not under a Williams Act Contract. Subject site is
located in Section 24, T 30 S, R 26 E. In this section, there is only
one parcel in a Williams Act Contract. Such parcel (APN 524-170-09)
consists of 76.67 acres and is located along the subject site's east
boundary and along the northwest corner of Buena Vista Road. The
conversion of the project site to urban development would not prohibit
any adjacent agricultural land or agricultural land in the general area
from growing crops or participating in the Wllliamson Act program.
The project would not require any property in the general area under
an existing Williamson Act contract to begin the notice of nonrenewal
or cancellation process.
The conversion of the project site to urbanization is appropriate for
the area.
Ability to be provided with urban services (sewer, water, roads, etc.)
The City of Bakersfield has determined that the City will be able to
provide all City services to the project site.
The conversion of the project site to urbanization is appropriate for
the area.
Ability to affect the application of agricultural chemicals on nearby
agricultural properties
In Kern County, farmers are required to obtain site-specific permits
from the Kern County Agricultural Commissioner for the purchase
and use many agricultural chemicals. The Agricultural Commissioner
evaluates the proposed chemical application to determine whether it
is near sensitive areas such as residential areas or schools. State
law requires the Agricultural Commissioner to ensure that chemical
applicators take precautions to protect people and the environment.
Based on this evaluation, the Agricultural Commissioner may deny
the application or require specific use practices to mitigate any
potential hazards. Such practices include method of application, time
of day, consideration of weather conditions, and use of buffer zones.
When such permit conditions are in place, they have the force of
regulation and are strictly enforceable. The Kern County Agricultural
Commissioner prohibits the aerial application of restricted chemicals
within a quarter mile of any residential area or active schools.
The property located along the northwest comer of Buena Vista Road
and Panama Lane (Williams Act Contract site) is prohibited from the
aerial application of restricted due to the existence of single-family
subdivisions located along the east side of Buena Vista Road and the
existence of the Buena-Vista Elementary School located at the
southwest comer of Buena Vista Road and Panama Lane. Upon
development of the subject site to single-family dwellings such
application would not be allowed within a quarter mile of the subj~,¢~K&,
site. Based on the requirements of the Kem County Agricultura'J,?
3 D
ORIGt~AL
Commissioner and the existing land uses surrounding the project site,
it is unlikely the proposal itself would have any affect on the
application of agricultural chemicals on nearby agricultural properties
The conversion of the project site to urbanization is appropriate for
the area.
Ability to create a precedent-setting situation that leads to the
premature conversion of prime agricultural lands
Subject site is located in the southern and westward path of the City's
growth pattern. This is evidenced by the existing and proposed
residential development located along the east side of Buena Vista
Road between Pacheco Road and Panama Lane. This growth pattern
is expected to continue and will accommodate population growth of
the City. Other urban type land use designations are located
approximately one-half mile west of the subject site. The project is
located inside the City limits, and the City can provide public services
(i.e. water, sewer, police and fire protection services, refuse
collection, etc,).
The need for new housing and the proximity of urban land use
designations makes "mute" this portion of policy number 14.
The conversion of the project site to urbanization is appropriate for
the area.
Demonstrated project need
This project is a logical extension of residential development. Project
site is approximately one-fourth mile west of Section 19 which is
rapidly developing to single-family dwellings. Land use designations
and zoning districts in Section 19 are as follows: (shown As Land use
designation/zoning district) LFER- l/R- 1CH, GC/C- 1, C-2, C-2 PCD
and HMR/R-2. The city limits is located along the subject site's south
boundary. The Metropolitan Bakersfield General Plan encourages
the orderly outward expansion of new urban development that
maintains continuity of existing development and allows incremental
expansion of infrastructure and public services.
The proposal meets the objectives and policies of the Housing
Element by locating the residential development in close proximity to
commercial development that would provide housing, services,
housing and employment. This is evident by the proximity of
commercial and residential land uses designations/zoning located in
Section 19, located approximately one-fourth mile east of the
subject site and within the incorporated City area. Approximately 320
acres of GC designated land is located one-half mile west of the
subject site in the unincorporated County area. The proposal
complies with the General Plan's criteria.
Necessity of buffers such as lower densities, setbacks, etc.
Buffers includes both a Circulation Element designated arterial
(Panama Lane) along the subject site's south boundary and a
ORIGINAL
designated collector along the site's west boundary. The City of
Bakersfield Zoning Ordinance Section 17.08.150 requires a special
dwelling setback of 50 feet for any dwelling in a residential zone
which adjoins an agriculture zone. These factors will serve as buffers
for adjacent agricultural land.
The need for new housing and the proximity of urban land use
designation, one-fourth mile to the east and one-half mile to the west,
makes "mute" this portion of policy number 14.
The conversion of the project site to urbanization is appropriate for
the area.
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 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.
122-24 marked Exhibit B2 attached hereto and made a part hereof, and are more specifically
described in attached Exhibit B3.
4. Such zone change is hereby made subject to the mitigation
measures/conditions of approval listed in attached Exhibit B1, subject to approval of GPA
03-1473.
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.
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 May 12, 2004 by the
following vote:
......... o0o ......... ~
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 May 26, 2004 by the
following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER "~i~.(7 ~ ~,~~
PAMELA A. McCARTHY~CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 2 6 2004
DAVID R. COUCH
VICE-HAYOR
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Attachments
Exhibit B1 Mitigation/Conditions
Exhibit B2 Zoning Map No. 122-24
Exhibit B3 Legal Description
S:\Dole\03-1473\CC ZC Ord. DOC
ORIGINAL
EXHIBIT B 1
MITIGATION
ZONE CHANGE 03-1473
PLANNING
Cultural
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 amhaeological 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.
3
If the Southern San Joaquin Valley Information Center, CSUB has
recommended that a qualified archaeologist conduct a field survey of the
entire 60 acre site in order to determine if cultural resources exist, such
study shall be submitted to the Planning Director with each of the following
applications: parcel map, tract map or site plan review.
Air Quality
The proposed project will have air pollution emissions associated with the construction
and occupied use of the project site.
Mitigation Measures for Construction Equipment Exhaust
1. 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:
a. Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
bJ
Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
·
ORIG
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.
2. Mitigation Measures for Fugitive Dust Emissions
Construction of the project required 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 stabilizer/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
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 materials 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.
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.
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 areas at the
constructions site.
I. Wash off construction and haul trucks to minimize the removal of mud and dirt
from the project sites.
PUBLIC WORKS
Traffic Mitiaation
Future Street and
............ r Local'Mitigation ~roject%
Total Improvements (Improvements not Share for Local
# Intersection Required by 2024 covered by RTIF) Mitigation
1 Buena Vista Rd & See Intersection 1 _ _
White Ln Note
2 Buena Vista Rd & Install Signal - 1 EBL, 1 EBL 4.35%
Campus Park Dr I NBL (7.14%)
3 Buena Vista Rd & install Signal - 1 EBL, _ _
Pacheco RD 1 WBL, 1 NBL, I SBL
4 Buena Vista Rd & Install Signal - 1 WBL, 1 WBL 5.91%
Pensinger Rd 1 SBL (9.71%)
5 Barlow Rd & install Signal- 1 EBL, I NBL, I SBL 18.91%
Panama Ln 1 WBL, 1 NBL, I SBL (24.8%)
6 Buena Vista Rd & Install Signal - 1 EBL, _ _
Panama LN I WBL, 1 NBL, 1 SBL
7 Mountain Vista Install Signal- 1 EBL, 1 NBL, I SBL 6.04%
Rd & Panama Ln 1 WBL, 1 NBL, 1 SBL (8.4%)
8 Old River Rd & Install Signal- 1 EBL,
Panama Ln 1 WBL, 1 NBL, I SBL
Traffic Mitigation Continued
9 Progress Rd & Install Signal- 1 EBL, Install Signal- 1 5.01%
Panama Ln 1 WBL, 1 NBL, I SBL NBL, I SBL (7.12%)
10 Gosford Rd & Install Signal- 1 EBL,
Panama Ln I EBT, 1 WBL, 1 NBL,
2 SBL
(%) Caltraes percent share calculation method
NB= Northbound
SB= Southbound
WB=Westbound
EB=Eastbound
L = Left-Turn Lane
T = Through Lane
R = Right=Turn Lane
intersection 1 Note: No lane additions necessary. Intersection operates at a LOS C with modifications of signal
phasing to include overlap between the WBR and SBL.
Conditions
Along with submittal of any development plan, tentative subdivision map, or
application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Panama Lane to arterial
standards with class II bike lane for the full frontages of the area within
the GPA request. Dedications shall include sufficient widths for
expanded intersections and additional areas for landscaping as
directed by the City Engineer. Submit a current title report with the
dedication documents.
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.
Submit verification to the City Engineer of the existing sewer system's
capability to accept the additional flows to be generated through
development under the new land use and zoning.
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.
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.
With development or division, install traffic signal interconnect conduit, conductor,
and pull boxes along the north side of Panama Lane.
ORIGINAL
A culvert shall be installed on the north side to widen Panama Lane to arterial
standards at the canal crossing.
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 local 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.
Buena Vista Road/Campus Park Drive - add east bound left turn lane, 7.14%
share
Buena Vista Road/Pensinger Road - add west bound left turn lane, 9.71% share
Barlow Road/Panama Lane - add north and south bound left turn lanes, 24.8%
share
Mountain Vista Road/Panama Lane - add north and south bound left turn lanes,
8.4% share
Progress Road/Panama Lane - Install traffic signal, add north and south bound
left turn lanes, 7.12% share
Regional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development, for the
residential portions.
S:\Dole\O3-1473\EXHIBIT B1 Mitigation.doc
5/13/2004 3:52 PM
ORIGINAL
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ORIGINAL
EXHIBIT B3
LEGAL DESCRIPTION
ZONE CHANGE 03-1473
BEING LOTS 28, 29 AND 30 OF THE "SALES MAP OF LANDS OF KERN
COUNTY LAND COMPANY IN SECTION 24, T. 30 S., R. 26 E., M.DB. & M.,
KERN COUNTY, CALIFORNIA" FILED FOR RECORD AUGUST 27, 1892 IN THE
OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING A PORTION OF THE
SOUTH HALF OF SECTION 24, T.30 S., R. 26 E, M.D.& M., IN THE CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA.
CONTAINS: 60.00 GROSS ACRES
ADAVCO-PANAMA-GPA-kGL
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 27th day of May , 2004 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4187, passed by the
Bakersfield City Council at a meeting held on the 26th day of May, 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 122-24) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BYCHANGING THE
ZONING FROM AN A-20A (AGRICULTURE-20 ACRE
MINIMUM LOT SIZE) TO R-1 (ONE-FAMILY DWELLING)
ON 60_+ ACRES GENERALLY LOCATED ALONG THE
NORTH SIDE OF PANAMA LANE, APPROXIMATELY
ONE-FOURTH MILE WEST OF BUENA VISTA ROAD
(FILE #ZC03-1473).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
~EPUTY ~;ity Clerk