HomeMy WebLinkAboutORD NO 4201ORDINANCE NO. 4 20 J.
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
102-06 BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO AN E (ESTATE) ZONE ON 80 ACRES, LOCATED WEST OF
CALLOWAY DRIVE, GENERALLY NORTH OF SNOW ROAD.
(ZC 04-0551). (WARD 4).
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 being annexed to the City of
Bakersfield located west of Calloway Drive, generally north of Snow Road; and
WHEREAS, by Resolution No. 96-04 on July 15, 2004, the Planning Commission did not
recommend the ordinance amending Title 17 of the Municipal Code to approve E (Estate) zone
as delineated on attached map marked Exhibit "B", 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 and approval to
the requested changes in zoning of the subject property from A (Agriculture) to E (Estate) zone
and the Council has considered said findings; 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, the Planning Commission and this Council; and
WHEREAS, a Negative Declaration for the proposal was advertised and posted on June
9, 2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area is SR (Suburban Residential); and
WHEREAS, the requested zone change is consistent with the general plan designation;
and
WHEREAS, the City Council has considered and hereby makes the following findings:
The above recitals are true and correct and constitute the findings of the
Planning Commission in this matter.
2. All required notices have been given.
The provisions of the California Environmental Quality Act (CEQA) have been
followed.
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
Negative Declaration was prepared and sent to responsible agencies and
property owners within 300 feet of the project site. A Negative Declaration was
prepared for this project in accordance with CEQA.
ORIGINAL
5. That infrastructure exists or can easily be provided to accommodate the types of
intensities of the proposed development.
The project site is located within the City of Bakersfield, Sphere of Influence
boundary.
The public necessity, general welfare and good zoning practice justify the
approval of the requested change of zone to E (Estate) zone on 60 acres located
west of Calloway Drive, generally north of Snow Road.
The project site is designated SR (Suburban Residential) on the Metropolitan
Bakersfield General Plan Land Use Plan.
9. The requested zone change is compatible with the surrounding uses.
10.
The requested zone change is consistent with the Metropolitan Bakersfield
General Plan.
11.
That Zone Change No. 04-0551 is hereby approved as recommended by staff
with mitigation measures adopted in the Negative Declaration.
12.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning E (Estate) zone on 80
acres on Map No. 102-06, of that certain property being annexed to the City of
Bakersfield as described in Exhibit "C" herein attached.
13.
That Zone Change No. 04-0551, as outlined above, is hereby approved with
mitigation and conditions of approval shown on Exhibit "A".
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.
Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield
is hereby amended by changing the land use zoning of that certain property
being annexed to the City, the boundaries of which is shown on the map marked
Exhibit "B" attached hereto and make a part hereof, and is more specifically
described in attached Exhibit "C".
Such zone change is hereby made subject to the conditions of approval listed in
attached 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.
........ 000 .........
2
OqlGINAL
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
SF_p O 8 ?O0~, by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER~O,..Ar%
PAMELA A. McCA~'HY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED SEP 0 8 Z004
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Attachments:
EXHIBIT "A" - Conditions of Approval.
EXHIBIT "B" - Map.
EXHIBIT "C" - Legal Description
MO:djl
S:~ZoneChange\04-0551 (Calloway 9)~ozc-cc.doc
ORIGINAL
EXHIBIT A
Conditions of Approval
ZONE CHANGE NO. 04-0551
Air Quality Study Measures:
The following mitigation measures shall 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 for to reduce
emissions associated with idling engines.
Encourage ride sharing and use of transit transportation for construction
employee commuting to the project site.
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.
Construction of the project requires the implementation of control measures set
forth under Regulation VIII, Fugitive PM10 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 or fugitive dust
emissions utilizing application of water or by presoaking.
ORIGINAL
Exhibit A
Conditions of Approval
Zone Change 04-0551
Page 2 of 6
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.
Within urban areas, trackout shall be immediately removed when it extends
50 or more feet from the site and at the end or 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 construction site.
Implementation of carryout/trackout mitigation measures, such as gravel
pads, in accordance with the requirements of the SJVAPCD Regulation
VIII.
No archaeological resources were identified on the project site; however, if
cultural resources are discovered during ground disturbance activities, all work
shall halt in the area of the find. A qualified professional archaeologist shall be
consulted to evaluate the findings and make the appropriate mitigation
recommendations. The developer shall be responsible to meet these
recommendations, prior to continuance of the project in the area of the find.
Exhibit A
Conditions of Approval
Zone Change 04-0551
Page 3 of 6
Intersection and street improvements which are needed by the year 2024 to
maintain or improve the operational level of service of the street system in the
vicinity of the project are shown on the following Table 1 (see next page), 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 2 and 2a below.
~ ~AK~x2m
ORIGINAL
Exhibit A
Conditions of Approval
Zone Change 04-0551
Page 4 of 6
Table 1
Future Improvements and Local Mitigation
# Intersection Total I~nprovements Local Mitigation Project %
Required by 2024 (Improvements not Share for Local
covered by RTIF) Mitigation
1 Zerker Rd & Install Signal - 1 EBL, 1 EBT, Install Signal1 - 1 EBL1, 3.46%
7th Standard Rd 1 WBL, 1 NBL, 1 SBL 1 EBT1, 1 WBL1, 1 SBL1 (7.74%)
2 Allen Rd & Install Signal - 1 EBL, 1 EBT, Install Signal1 - 1 EBL1, 2.8%
7th Standard Rd 1 WBL, 1 NBL, 1 SBL 1 EBT1, 1 NBL1, 1 SBL1 (4.25%)
3 Verdugo Ln & Install Signal - 1 EBL, 1 EBT, 1 NBL, 1 SBL 3.32%
7th Standard Rd 1 WBL, 1 NBL, 1 SBL (5.4%)
4 Calloway Dr & Install Signal - 1 EBL, 1 EBT, 1 NBL, 1 SBL 1.84%
7th Standard Rd 2 WBL, 1 WBT, 1 NBL, 1 SBL (2.77%)
5 Coffee Rd & Install Signal - 1 WBL, - 2.13%
7th Standard Rd 1 WBT, 1 NBR (4.89%)
6 Golden State Hwy & Install Signal - 1 EBL, 1 EBT, Install Signal- 1 NBL, 1 SBL 2.06%
7th Standard Rd 1 WBL, 1 NBL, 1 SBL (4.98%)
7 SR 99 NB & Install Signal - 1 EBL, 1 EBT, _2 1.08%
7th Standard Rd 1 WBL, 1 WBT, 1 NBL, 1 SBL (2.3%)
8 Calloway Dr & Install Signal - 1 WBL, 1 NBL 1 WBL (Striping Only) 14.92%
Etchart Rd (23.05%)
9 Calloway Dr & Install Signal - 1 EBL, 1 EBT, - 10.14%
Snow Rd 1 WBL, 1 NBL, 1 SBL (23.26%)
10 Coffee Rd & Install Signal - 1 EBL, 1 EBT, 2.31%
Snow Rd 1 WBL, 1 NBL, 1 SBL (6.92%)
11 Calloway Dr & Install Signal - 1 EBL 6.41%
Norris Rd (17.16%)
13 Calloway Dr & Install Signal 2.59%
Noriega Rd (7.46%)
(%) Caltrans percent share calculation method
NB = Northbound SB = Southbound
WB = Westbound EB = Eastbound
L = Left-Turn Lane T Through Lane
R = Right-Turn Lane
I The widening, grade separation and interchange improvement projects currently in process by the City
of Shafter and the County of Kern include these improvements. These projects are funded and are at
various stages of design and environmentat approvals.
2 The County of Kern is in the final design phase of an interchange project on 7th Standard Road and
State Route 99.
Source: Traffic Study prepared by Ruettgers & Schuler Civil Engineers, April 2004.
Exhibit A
Conditions of Approval
Zone Change 04-0551
Page 5 of 6
Table 2
PM Peak Hour Level of Service
Unsignalized Intersections
# Intersection Movement 2004 2004+ 2024 2024+ 2024+
Project Project Project
wlMitigation1
1 Zerker Rd & NB D D F F C
7th Standard Rd SB D E F F
2 Allen Rd & NB F F B
7th Standard Rd SB F F
3 Verdugo Ln & NB C F F B
7th Standard Rd SB B B F F
4 Calloway Dr & NB C C F F C
7th Standard Rd SB F F
5 Coffee Rd & NB C C F F C
7th Standard Rd
6 Golden State Hwy & NB C C F C
7th Standard Rd SB F F F
7 SR 99 NB & NB F F F F C
7th Standard Rd SB F F F F
8 Calloway Dr & EB B E E C
Etchart Rd WB B B D F
9 Calloway Dr & Overall B C F F C
Snow Rd Intersection
10 Coffee Rd & Overall E E F F C
Snow Rd Intersection
11 Calloway Dr & Overall B B E F C
Norris Rd Intersection
13 Calloway Dr & Overall C C F F C
Norie~la Rd Intersection
1 See Table 1 above for mitigation improvements.
Table 2a
AM Peak Hour Level of Service
Unsicjnalized Intersections
# Intersection Movemen~ 2004 2004+ 2024 2024+ 2024+
Project Project Project
wlMitigation1
7 SR 99 NB & NB F F F F C
7th Standard Rd SB E E F F
I See Table 1 above for mitigation improvements.
Source: Traffic Study by Ruettgers & Schuler, Civil Engineers, April 2004.
ORIGiNA~:>
Exhibit A
Conditions of Approval
Zone Change 04-0551
Page 6 of 6
The developer shall pay the proportionate share for the local mitigation
improvements identified in Table 1 above and the standard per-lot rate for
residential development under the Regional Transportation Impact Fee in
accordance with the City Public Works Department.
If human remains are discovered or identified on the project site at any time or
during site disturbance, work shall stop at the location of the find and the Kern
County Coroner shall be notified immediately (Section 7050.5 of the California
Health and Safety Code and Section 5097.98 of the California Public Resources
Code which detail the appropriate actions necessary for addressing the find) and
the local Native American community shall be notified immediately.
S:~ZoneChange\04-0551 (Calloway 9)~Adm Staff Reports\Exhibit A Condition,doc
ill
C
ORIGINAL
EXHIBIT C
LEGAL DESCRIPTION
That portion of land being the South half of the Northeast quarter of Section 6, T. 29 S.,
R. 27 E., M.D.M. in the County of Kern, State of California.
Contains 80.00~ Acres
ORtGtNAL
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 8th day of September, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4201 , passed by the
Bakersfield City Council at a meeting held on the 8th day of September, 2004 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 102-06 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN E (ESTATE) ZONE ON 80
ACRES, LOCATED WEST OF CALLOWAY DRIVE,
GENERALLY NORTH OF SNOW ROAD. (ZC 04-0551).
(WARD 4).
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
//DEPUTY (~ity Clerk
OR!GiNAL