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Home My WebLink AboutORD NO 4204ORDINANCE NO. ~ ~ 0 4 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 124-29 BY CHANGING THE ZONING FROM E (ESTATE) AND A-20A (AGRICULTURE-20 ACRES MINIMUM) TO AN R-1 (ONE FAMILY DWELLING) ZONE ON APPROXIMATELY 51 ACRES LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE GENERALLY EAST OF SOUTH UNION AVENUE. (ZC 04- 0423) 0Nard 1). 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 headng on a petition by SMITH TECH/USA INC., for ADAVCO to change the land use zoning of those certain property in the City of Bakersfield located along the south side of Panama Lane, generally east of South Union Avenue; and WHEREAS, by Resolution No. 70-04 on June 16, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 (One Family Dwelling) 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 of environmental impact and changes in zoning of the subject property from E (Estate) and A-20A (Agriculture-20 acres minimum) to an R-1 (One Family Dwelling) zone and the Council has considered said findings and ali 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, the Planning Commission and this Council; and WHEREAS, a Negative Declaration for the proposal was advertised and posted on May 14, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows commercial development; and WHEREAS, the City Council has considered and hereby makes the following findings: The above recitals and findings are true and correct and constitute the findings of the Planning Commission in this matter. All required notices have been given. The provisions of the California Environmental Quality Act (CEQA) have been followed. OR~GINA[ 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. The public necessity, general welfare and good zoning practice justify the recommended change of zone to R-1 (One Family Dwelling) zone on approximately 51 acres located along the south side of Panama Lane, generally east of South Union Avenue. The project site, with prior approval of General Plan Amendment No. 04-0423, is designated SR (Suburban Residential)on the Metropolitan Bakersfield General Plan Land Use Plan. The recommended zone change will reflect the previously adopted General Plan Amendment No. 04-0423. 8. The recommended zone change is compatible with the surrounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0423. 10. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. 11. That Zone Change No. 04-0423 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 to R-1 (One Family Dwelling) zone on approximately 51 acres on Map No. 124-34, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 13. That Zone Change No. 04-0423, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit AA@, subject to prior approval of General Plan Amendment No. 04-0423. 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. q)A 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 the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A", and subject to prior approval of General Plan Amendment No. 04-0423. 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 ........ O~ ~ A K~'~2d~ ORIGINAi~ I HEREBY CERTIFY that the foregoing Ordinance was passe.,cl.a~d adopted by the of the City of Bakersfield at a regular meeting thereof held on following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMSER ~"=~[.t.~. [ t ~J ~ Council , by the PAMELA A. McCARTHY~'~MC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED SEP 0 8 HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attomey Attachments: Exhibit A - Conditions of Approval Exhibit B - Map Exhibit C - Legal Description MO:djl S:\GPA 2nd 2004\04-0423\ResolutJons~ozc-cc.doc 4 EXHIBIT A Conditions of Approval General Plan Amendment]Zone Change No. 04-0423 1. A qualified professional archaeologist shall conduct a field survey of the entire project area, prior to any ground disturbance activities. 2. If human remains were discovered during grading or construction activities, further work would be prohibited pursuant to Section 7050.5 of the California Health and Safety Code. If Native Amedcan remains are identified, Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resources Code detail the appropriate actions necessary for addressing Native Amedcan remains. 3. 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 site are shown in Table 7 below. 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 the mitigation improvements is shown in Tables 3, 4 and 4a below. The following are required for the project. Table 7 Future Improvements and Local Mitigation Total Improvements Local Mitigation Project % # Intersection Required by 2024 (Improvements not Share for Local covered by RTIF) Mitigation 5 Monitor St & Install Signal --- 2.99% Panama Lane (7.54%) 6 Union Avenue & 1 EBL 1 EBL (Striping Only) 6.08% Panama Lane (13.63%) 7 Sparks St & Install Signal - 1 EBL, Install Signal - 1 NBL, 1.69% Panama Lane 1 WBL, 1 NBL, 1 SBL 1 SBL (1.69%) 8 Union Avenue & Install Signal - 1 EBL, 1 EBL, 1 WBL t.51% Berkshire Road 1 WBL (2.6%) Source: Traffic (%) Caltrans percent share calculation method. NB = Northbound SB = Southbound WB = Westbound EB = Eastbound L = Left-Turn Lane T = Through Lane R = Right-Turn Lane Impact Study for project by Ruettgers & Schuler Civil Engineers. ORIGINAL Exhibit A Conditions of Approval GPA/ZC 04-0423 Page 2 Table 3 PM Peak Hour Level of Service Unsignalized Intersections # Intersection Movement 2004 2004 + 2024 2024 + 2024 + Project Project Project w/Mitigation1 5 Monitor Street & Overall D E F F B Panama Lane Intersection 7 Sparks Street & NB ...... F F C Panama Lane SB ...... F F 8 Union Avenue & EB B C F F B Berkshire Road WB ...... F F 1 See Table 7 for mitigation improvements. Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Table 4 PM Peak Hour Level of Service Signalized Intersections # Intersection 2004 2004 + 2024 2024 + 2024+ Project Project wlMitigationl 1 Union Ave & Fairview Road B B B B - - - 2 SR 99 SB & Panama Lane B B B C --- 3 SR 99 NB & Panama Lane A A A A --- 4 H St & Panama Lane C C C C --- 6 Union Ave & Panama Lane D D D D C 1 See Table 7 for mitigation improvements. Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Table 4a AM Peak Hour Level of Service Signalized Intersections # Intersection 2004 2004 + 2024 2024 + 2024 + Project Project Project W/Mitigation1 2 SR99 SB & Panama Ln B B B B --- 3 SR99 NB & Panama Ln A A A A --- I See Table 7 for mitigation improvements. Source: Traffic Impact Study for project by Ruettgers & Schuler Civil Engineers. Exhibit A Conditions of Approval GPA/ZC 04-0423 Page 3 4. Properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. 5. Shut down equipment when not in use for extended pedods of time to reduce emissions associated with idling engines. 6. Encourage ride shadng and use of transit transportation for construction employee commuting to the project sites. 7. Use electdc equipment for construction whenever possible in lieu of fossil fuel-fired equipment. 8. Curtail construction dudng periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 9. 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. 10. All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. 11. 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. 12. When materials are transported offsite, all matedal 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. 13. 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). 14. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized or fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant. 15. 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. ORIGINAl Exhibit A Conditions of Approval GPNZC 04-0423 Page 4 16. any site with 150 or more vehicle trips per day shall prevent carryout and trackout. 17. Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control Distdct Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. 18. Cease grading activities during pedods of high winds (greater than 20 mph over a one-hour period). 19. Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site. 20. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. 21. Prior to submittal of any improvement plan for of any development for the site, the following shall occur: a. Provide fully executed dedication for Panama Lane and South Union Avenue to artedal 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. b. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than two (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. Tne study shall be approved and any required retention site and necessary easements dedicated to the City. c. 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. 22. Access to the arterial and collector streets will be limited and determined at time of division or development. Determination 0f whether a dght 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. 23. A right turn deceleration lane will be required north bound on Union Avenue at Panama Lane. An additional east bound lane will be required on Panama Lane from Union Avenue to the site. Exhibit A Conditions of Approval GPNZC 04-0423 Page 5 24. 25. 26. 27. 28. 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 Distdct 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. The developer shall pay the proportionate share of the following mitigation measures as indicated in Table 7 above (in condition item No. 3) also found in the Traffic Study for the project. Union Avenue/Panama Lane- add east bound left rum lane (striping only), 13.63% project share. Sparks Street/Panama Lane - install signal, add north and south bound left turn lanes, 1.69% project share. Berkshire Rd/Union Ave - add east and west bound left turn lanes, 2.60% project share Prior to development or recordation of any subdivision the project engineer shall prepare, and have approved, an estimate and fee schedule for these local mitigation items. The developer shall pay the standard residential fees, as adopted at time of development. The developer of the GPA/ZC site shall, dudng any development of the site, construct curb, gutter & sidewalk along the south side of Panama Lane, between the project site and South Union Avenue. The City Public Works Department shall assist the developer in any eminent domain procedures, should the developer not be allowed to construct these improvements on the property. (Planning Commission Condition). MO:djl S:\GPA 2nd 2004\04-0423~Admin SR\EXHIBIT A Conditions of app.doc ZONE CHANGE 04-0423 A-20A TO R-1 E TO R-1 EXHIBIT B ZONING MaP 124-('L~ , (~, -OR~G,NAL EXHIBIT C LEGAL DESCRIPTION BEING THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, T. 30 S., R. 28 E., M.D.M. IN THE UNIINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF THE SURVEYOR GENERAL. EXCEPTING THEREFROM THE WEST 275.55 FEET TItEREOF. CONTAINS: 51.70 GROSS ACRES ADAVCO-PANAMA-GPA-LGL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kern ) PAMELA A. McCARTHY, being duly swom, 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. 4204 , 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. 124-29 BY CHANGING THE ZONING FROM E (ESTATE) AND A-20A (AGRICULTURE-20 ACRES MINIMUM) TO AN R-I (ONE FAMILY DWELLING) ZONE ON APPROXIMATELY 51 ACRES LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE GENERALLY EAST OF SOUTH UNION AVENUE. ZC 04-0423). (WARD 1). /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY ~ity Clerk