HomeMy WebLinkAboutORD NO 4202ORDINANCE NO. 4 gO g
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-02)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM COUNTY A
(EXCLUSIVE AGRICULTURE) TO CITY R-1 PUD (ONE-FAMILY
DWELLING PLANNED UNIT DEVELOPMENT) ON 81- ACRES
LOCATED APPROXIMATELY 1,800 FEET SOUTH OF STATE
ROUTE-58 ALONG THE SOUTH SIDE OF SHIRLEY LANE
(EXTENDED) BETWEEN SOUTH STERLING STREET
(EXTENDED) AND SOUTH OSWELL STREET (EXTENDED)
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 on 81 acres by prezoning certain properties in the
County Of Kern generally located approximately 1,800 feet south of State Route-58 along the
south side of Shirley Lane (extended) between South Sterling Street (extended) and South
Oswell Street (extended).
WHEREAS, by Resolution No. 72-04 on June 17, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve R-1 pre-zoning as delineated on attached Zoning Map marked Exhibit B 2, 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 subject site has not yet been annexed to the City of Bakersfield and
Zone Change 04-0435 is a pre-zoning zone change; and
WHEREAS, upon completion of annexation the, official zoning map will be Zoning Map
No. 124-02; and
WHEREAS, the Planning Commission, as a result of said hearing, did make several
general and specific findings of fact which warranted a Mitigated Negative Declaration of
environmental impact and changes in pre-zoning of the subject property from County A to City
R-l/PUD and 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
Mitigated 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 May 7,
2004, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows urban development and
agricultural production; 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.
Mitigation Measures/Conditions of Approval shown on Exhibit No. B 1 are
included in the project to ameliorate impacts.
4. The proposed pre-zoning is consistent with the surrounding land uses.
The proposed pre-zoning is consistent with the Metropolitan Bakersfield General
Plan.
The public necessity, general welfare and good planning practices justify
prezoning and the amendment to Title Seventeen of the Municipal Code and
future official Zoning Map No. 124-02.
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.
2.
All of the foregoing recitals are hereby found to be true and correct.
The Mitigated Negative Declaration is hereby approved and adopted.
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/prezoning
of that certain property in said City, the boundaries of which property is shown on
Zoning Map 124-02 marked Exhibit B 2 attached hereto and made a part hereof,
and are more specifically described in attached Exhibit B 3.
Such prezoning zone change is hereby made subject to the mitigation
measures/conditions of approval listed in attached Exhibit B 1, subject to
approval of General Plan Amendment 03-1539 and annexation to the City of
Bakersfield.
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 .........
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 SEP 0 8 200zJ by the
following vote:
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER ,~>(,~ [ t~ ~. UO,,. 1~
COUNCILMEMBERCOUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED S£P 0 8 2004
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
B 1 Mitigation/Conditions
B 2 Zoning Map 124-02
B 3 Legal Description
S:\Dole\03-1539\CC Pre ZC Ord. DOC
4
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ORIGINAL
EXHIBIT B 1
MITIGATION/CONDITIONS
GENERAL PLAN AMENDMENT 03-1539
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 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.
If the Southern San Joaquin Valley Archaeological Information Center, CSUB has
recommended that a qualified archaeologist conduct a field survey of the entire 8.19
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.
Recreation/Parks
Prior to recordation of any final phase of the map, the subdivider shall be required to
satisfy the requirements for park land dedication and reservation. Prior to recordation of
any final map, the subdivider shall enter into an agreement with the City to dedicate and
reserve land for a public park in the vicinity of the southwest corner of VTM 6232. The
configuration and specific location of the said park shall be consistent with Policy 47 of
the Parks Element of the Metropolitan Bakersfield General Plan and subject to
approval of the City's Recreation and Parks Director. Park shall have access from public
streets.
Air Quality
The proposed project will have air pollution emissions associated with the construction and
occupied use of the project site. This section summarizes the measures that are required to
mitigate the emissions associated with the construction and occupancy of the project.
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:
ORIGINAL
Mitigation
GPA/ZC 03-1539
Page 2
· 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 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 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.
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.
ORIGINAL
Mitigation
GPA/ZC 03-1539
Page 3
· 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.
· Implementation of carryoutJtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVUAPCD Regulation VIII.
CONDITIONS
PUBLIC WORKS
Prior to submission of any improvement plans for any development in the
GPNZC area, the following shall occur:
Provide fully executed dedication for South Sterling Road, Oswell Street and
Shirley Lane to arterial and collector standards 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 reviewed and approved by the
City Engineer. No more than 2 sumps may be utilized to serve this area;
these sumps should be located so that they may be available to serve
adjacent areas as they develop. If only one sump is utilized to serve this
GPNZC area, it need not be so located. 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
ORIGINAl
Mitigation
GPA/ZC 03-1539
Page 4
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.
4. TRAFFIC:
Local Mitiqation
Pay the proportionate share of the following mitigation measures as indicated in Table 6 of the
traffic study:
Brundage Ln/Mt Vernon Ave - add east and west bound through lanes, 3.77% of $10,000
(striping only) = $377 project share
Brundage Ln/Oswell St - add east and west bound left turn lanes, add east and west bound
through lanes, add north and south bound right turn lanes, 4.53% share of $180,000 = $8,157
project share
Total project share $8,535 ($27.36 per lot)
S:\Dole\03-1539\EXHIBIT B1 Final Mit Cond .docReqional Transportation Impact Fee
The study provided an analysis of the project share of the impact fee as it applies to facilities on
the impact list in the immediate area. The impact fee is regional and has been computed and
spread evenly over the entire city. This development will not add new lots but shift growth to a
different area of the city based on historic growth rates. The current fee provides for mitigation
of the regional facilities and payment of any lower amount will result in a lack of full mitigation
funding. This is contrary to the adopted policy of the RTIF Administrator for projects of this
magnitude. The local mitigation provided above accounts for the new impacts due this shift in
growth.
5. Pay the full regional transportation impact fee as adopted at time of development.
PLANNING DEPARTMENT
The discovery of- or damage to any well during excavation, grading, construction or
other activity shall be immediately reported to the Department of Conservation, Division
of Oil, Gas & Geothermal Resources, Bakersfield Office.
S:\Dole\03-1539\EXHIBIT B1 Final Mit Cond doc
ORIGINAL
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ORIGINAL
EXHIBIT B 3
ZONE CHANGE 03-1539
ZONE CHANGE LEGAL DESCRIPTION
PROPOSED R-1 PUD (FROM A-l)
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 30 SOUTH, RANGE 28 EAST, MD.M, CITY OF BAKERSFIELD,
COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 2;
THENCE SOUTH 00°37'02" WEST, ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER, 1329.53 FEET TO THE POINT OF BEGINNING,
SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE SOUTH
HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89°48'04" EAST,
ALONG THE NORTH LINE OF SOUTH HALF OF SAID SOUTHWEST
QUARTER, 2656.04 FEET TO THE NORTHEAST CORNER OF THE SOUTH
HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00°31'36" WEST,
ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, 1331.62 FEET TO
THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE NORTH
89°45'20'' WEST, ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, 2658.13 FEET TO THE SOUTHWEST CORNER OF SAID
SECTION; THENCE NORTH 00°37'02'' EAST, 1329.53 FEET TO THE POINT
OF BEGINNING.
CONTAINING 81.16 ACRES, MORE OR LESS.
p:,,3003_146V,_EC_.ALS~IPUDZON¢-DOC JLM 12/1/03
OR!GINA[
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. 4202 , passed by the
Bakersfield City Council at a meeting held on the 8th day of September, 2004 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP 124-02) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM COUNTY A (EXCLUSIVE
(AGRICULTURE) TO CITY R-1 PUD (ONE-FAMILY
DWELLING PLANNED UNIT DEVELOPMENT) ON 81+
ACRES LOCATED APPROXIMATELY 1,800 FEET
SOUTH OF STATE ROUTE-58 ALONG THE SOUTH SIDE
OF SHIRLEY LANE (EXTENDED) BETWEEN SOUTH
STERLING STREET (EXTENDED) AND SOUTH
OSWELL STREET (EXTENDED).
Is~ PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
{J DEPUT~ City Clerk