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HomeMy WebLinkAboutORD NO 4213ORDINANCE NO. ~ 2 ]- 3 AN ORDINANCE ADOPTING a NEGATIVE DECLARATION AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 101-14) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD FROM A (AGRICULTURAL) TO R~I (ONE FAMILY DWELLING) ON 56.48 ACRES LOCATED SOUTH OF REINA ROAD AND WEST OF ALLEN ROAD (FILE# ZC 04- 0441). 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 for certain property in the City of Bakersfield located south of Reina Road and west of Allen Road (Exhibit "A"), and more specifically described in Exhibit "B"; and WHEREAS, for the above-described proposal, an Initial Study was conducted and it was determined that the proposed project would not have a significant effect on the environment if certain mitigation measures are adopted to address hazards and hazardous materials, air quality, cultural resources, and transportation and traffic, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on May 28, 2004, in accordance with CEQA; and WHEREAS, the law and regulations relating to the preparation and adoption of Negative Declarations, as set forth in CEQA and the City of Bakersfield's CEQA Implementation Procedures, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, by Resolution No. 82-04 on June 17, 2004, the Planning Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-0441 as delineated on attached Zoning Map No. 101-14, marked Exhibit "A", respectively, and this Council has fully considered the Planning Commission's recommendation as set forth in that Resolution; and WHEREAS, the project site (56.48 acres in size) is located in the unincorporated area of Kern County and is currently being processed for annexation to the City of Bakersfield. The western 600 feet of the project site is also being processed for amendment within the Sphere of Influence Boundary; and WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section 65355 of the Government Code, conducted and held a public hearing on Wednesday, September 8, 2004, on the above described Case No. GPA 04-0441 of the proposed amendment to the Land Use Element of the Metropolitan Bakersfield General Plan, 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 WHEREAS, Policy No. 14 of the Conservation/Soils and Agricultural Element of the., ;: Metropolitan Bakersfield General Plan requires the City of Bakersfield to evaluate ten (10) 1 factors when considering projects that propose to convert designated agricultural land to non- agricultural uses; and WHEREAS, the City Council has evaluated the ten (10) factors provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakersfield General Plan and finds the following: 1 .) Soil Quality Findin9 - The soil type of the project site (Wasco sandy loam) is one of the most common soils within the Valley Floor of Kern County. The soil type is not unique or found only on the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area. 2.) Availabi ty of rriqation water Finding - The subject site is not unique for farmland in the area regarding having an adequate supply of irrigation water for agricultural production. Therefore, the conversion of the project site to urbanization is appropriate for the project site and area. 3.) Proximity to non-aqdcultural uses Finding - The properties to the northeast and southeast of the project site are currently being developed for single-family residential uses. The property directly to the east is zoned for Multi- family residential development. A 258 lot subdivision (VTM 6289) has been approved for the property adjacent to the south. Therefore, the conversion of the project site to urbanization is appropriate for the area. 4,) Proximity to intensive parcelization Finding - The areas adjacent to the northeast, south, and southeast of the project site have been intensively subdivided for single-family residential development. Therefore, the conversion of the project site to urbanization is appropriate for the area. 5.) Effect on properties subject to "Williamson Act" land use contracts Finding - The project site does not contain a Williamson Act contract. 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 Williamson 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. Therefore, the conversion of the project site to urbanization is appropriate for the area. 6.) Ability to be provided with urban services (sewer. water, roads, etc.) Finding - The City of Bakersfield has determined that the City will be able to provide all City services to the project site. The Vaughn Water Company, inc. has reported that it can provide an adequate supply of domestic water and water for fire protection to the project site. Therefore, the conversion of the project site to urbanization is appropriate for the area. 7.) Ability to affect the application of agricultural chemicals on nearby agricultural Properties Finding - 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 proposal will not affect the application of agricultural chemicals for property located to the north of the project site because that property is located within a quarter mile of an existing residential subdivision. The properties to the northeast, east, and southeast of the project site do not contain agricultural land. The property adjacent to the west is located within a quarter mile of the adjacent property to the south which has been approved for a 258 lot subdivision (VTM 6289). The property adjacent to the south, containing the approved 258 lot subdivision (VTM 6289), is located within a quarter mile of a number of residential homes and other uses that may restrict aerial application. Based on the requirements of the Kern County Agricultural 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. Therefore, the conversion of the project site to urbanization is appropriate for the area. 8.) Ability to create a precedent-settinq situation that leads to the premature conversion of prime aqricultural lands Finding - The project would not create any situation that would lead to the premature conversion of adjacent or area agricultural land. The project site is completely bounded by existing and designated Arterials and Collectors. This factor provides a buffer that would prevent the project site from prematurely converting other agricultural land. 9.) Demonstrated project need Finding - The proposal is a logical extension for residential development in the northwestern portion of the City of Bakersfield. The properties to the northeast and southeast of the project site are currently being developed for single-family residential uses. The property directly to the east is zoned for multi-family residential development. The property adjacent to the south has been approved for a 258 lot subdivision (VTM 6289). 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 complies with the Metropolitan Bakersfield General Plan's criteria. 10.) Necessity of buffers such as lower densities, setbacks, etc Finding - The project site is completely bounded by existing Arterials and Collectors. This factor will serve as a buffer for adjacent agricultural land. Therefore, the conversion of the project site to urbanization is appropriate for the area. WHEREAS, the City Council has considered and hereby makes the following findings: 1. All above recitals are true and correct. 2. The provisions of the California Environmental Quality Act have been met. The proposed project would not have a significant effect on the environment. 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 711.4 of the State of California Department of 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: The above recitals and findings are true and correct and constitute the Findings of the Council, incorporated herein. The Negative Declaration, with mitigation measures, for Zone Change No. 04- 0441 is hereby adopted. The proposed amendment to Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be and the same to change the land use zoning from A (Agricultural) to R-1 (One Family Dwelling) on 56.48 acres (File# ZC 04- 0441) of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 101-14, marked Exhibit "A", respectively, attached hereto and made a part hereof, and more specifically described in attached Exhibit "B", with conditions of approval/mitigation measures as proposed in Exhibit "C" is hereby approved and adopted. The Mitigation Monitoring and Reporting Checklist as proposed in Exhibit "D" is hereby adopted. 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 ......... 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 September 22, 2004, by the following vote: COUNCIL MEMBER BENHAM. CARSON, COUCH, HANSON, MACGARD, SALVAGGIO, SULLIVAN COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNCIL MEMBER SEP g Z004 APPROVED Y H PAMELA A. McCARTHY, CMC~ CITY CLERK and Ex Officio Clerk ~/the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibit A - Zone Change Map Exhibit B - Legal Description Exhibit C - Conditions of Approval/Mitigation Measures Exhibit D - Mitigation Monitoring Plan 5 PREZONING/ZONE CHANGE 04-0441 ^ TO R-1 // ZONING MAP 101'Lt4 EXHIBIT A EXHIBIT B LEGAL DESCRIPTION ZONE CHANGE NO. 04-0441 That parcel of land being a portion of Section 14, Township 29 South, Range 26 East, MD.M, County of Kern, State of California, more particularly described as follows: Commencing at the northeast corner of said Section 14, also being the point of intersection of the center lines of Allen Road (Co. Rd. No. 67 & 843) and Reina Road (Co. Rd. No. 715), said point being a monumented section corner calculated to be 2,338,379.095 feet North and 6,220,332.853 feet East per California Coordinate System (N.A.D. 83), Zone 5; Thence S 00o43'03'' W, along the east line of said Section 14, also being the centerline of said Allen Road, a distance of 30.00 feet to a point on the centedine of said Allen Road; Thence N 89°15'58" W, a distance of 30.00 feet to intersect the west right of way line of said Allen Road and the south right of way line of said Reina Road, also being a point on the existing corporate boundary line of the City of Bakersfield, and the TRUE POINT OF BEGINNING; Thence (1) S 00043'03'' W, along said corporate boundary line and west right of way of said Allen Road, a distance of 593.91 to a point on said corporate boundary, said point also being on the boundary line of Parcel 2 of Parcel Map 10930 filed in book 53 of parcel maps at page 36, in the office of the Kern County Recorder; Thence along the boundary line of said Parcel 2 and said corporate boundary the following four courses: Thence (2) N 89015'53'' W, a distance of 1645.39 feet; Thence (3) S 45°53'39 W, a distance of 925.44 feet; Thence (4) S 44°06'21'' E, a distance of 64.00 feet; Thence (5) S 45053'39'' W, a distance of 243.64 feet; Thence along the boundary line of said Parcel 2 the following five courses; Thence (6) N 44°06'21'' W, a distance of 1188.38 feet; Thence (7) N 45053'39'' E, a distance of 341.30 feet to the beginning of a 1400.00 foot radius, tangent curve, concave northwesterly; Thence (8) northeasterly along said curve through a central angle of 20o34'47" an arc distance of 502.86 feet, to a point on the north line of said section 14, said point also being the centerline of said Reina Road; Thence (9) S 89015'55', E, along said section line and said centerline, a distance of 124.63 feet, to the north quarter corner of said Section 14; Thence (10) S 89015'53'' E, along said section line and center line, a distance of 2.07 feet to a point on said corporate boundary line; Thence along said corporate boundary line the following two courses; Thence (11) S 00o44'48'' W, a distance of 30.00 feet to a point on the south right of way of said Reina Road; Thence (12) S 89015'53'' E, along said right of way, a distance of 2612.37 feet to the TRUE POINT OF BEGINNING. Containing 56.48 acres (more or less) EXHIBIT C ZONE CHANGE NO. 04-0441 CONDITIONS OF APPROVAL/MITIGATION MEASURES PUBLIC WORKS: 1.) Along with submittal of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for Allen Road, Riena Road, Renfro Road and Noriega Road 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. 2.) 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. 3.) 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 poi[ion of this GPA area. 4.) Prior to issuance of any building permit, the developer shall pay the proportionate share of the following mitigation measures: Proposed Intersections Mitigation Project Share of Mitigation (%) 7"~ Standard Road and Santa Fe Way Install Signal 1.46% 7'" Standard Road and Allen Road Install Signal 3.00% 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. 5.) Prior to issuance of any building permit, the developer shall pay the Regional Transportation Impact Fee as required by Ordinance. 6.) With the first subdivision in the General Plan/Zone Change area, the developer shall construct the signal at the intersection of Hageman Road and Santa Fe Way/ Allen Road (west intersection). The signal shall be operational prior to acceptance of the improvements. Transportation Impact Fee credit will be available for this improvement. PLANNING: 7.) The existing abandoned oil well on the project site, identified by the Division of Oil, Gas, and Geothermal Resources as "KCL" 42-14, shall be accurately plotted and identified on all future development maps. 8.) Prior to submittal of any tentative parcel map or tract map, the developer shall hire a qualified professional archaeologist to conduct a field survey for the entire project site. The findings of said field survey shall be reported in a written format and submitted for review and approval to the Planning Director of the City of Bakersfield. 9.) If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall be halted in the area of the find and a qualified archaeologist shall be hired to assess the resource. 10.) Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPNZC 04-0441 (APN: 529-012-205) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval and any subsequent deed conveying parcels or lots: 2 11.) "This property is located one-half mile north of the Kern Mosquito and Vector Control District which stores Class III and Class II pesticides which are not highly toxic or volatile. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form." Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPNZC 04-0441 (APN: 529-012-205) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval and any subsequent deed conveying parcels or lots: "This property is located one-half mile north of the Kern Mosquito and Vector Control District airstrip and may be subject to aircraft overflights. Any subsequent deed conveying parcels or lots shalt contain a statement in substantially this form." 12.) Mitigation measures for fugitive dust emissions: A) The developer shall water exposed surfaces (soil) three-times/day. B) The developer shall water ail haul roads (unpaved) three-times/day. c) The developer shall ensure that all vehicles (as defined under Rule 8011) do not exceed a speed of 15 miles per hour on unpaved roads. D) The developer shall stablize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarp, other suitable cover or vegetative ground cover. E) The developer shall control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. F) When transporting materials off-site, the developer shall maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. G) The developer shall limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes shall be prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions. The use of blowers is expressly prohibited.) H) The developer shall stablize the surface of storage piles following the addition or removal of materials using water or chemical stablized suppressants. The developer shall remove trackout when it extends 50 feet, from the site at the end of each workday. J) or more, The developer shall cease grading activities during periods of high winds (greater than 20 mph over a one-hour period). K) For all asphalt-concrete paving, the developer shall comply with SJVAPCD Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. 13.) Mitigation measures proposed for construction equipment exhaust: 14.) A) The developer shall properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. B) The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) The developer shall use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. D) The developer shall curtail the use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. ROG Mitigation: The developer shall only use water-based paints for all construction phases on the project site. 4 EXHIBIT D Zone Change No. 04-0441 Mitigation Monitoring and Reporting Checklist No. VERIFICATION OF COMPLIANCE Monitoring and Pa~ Mitigation Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks (1) The developer shall pay the proportionate share to Construction Construction Public Works install a signal at 7~' Standard Road and Santa Fe Review Approval Department Way at 1.43%. (2) The developer shall pay the proportionate share to install a signal at 7th Standard Road and AJlen Road at 3.00%, (3) Prior to submittal of any tentative parcel map or tract Construction 3onstruction Planning map, the developer shall hire a qualified professional Review Approval Department archaeologist to conduct a field survey for the entire project site. The findings of said field survey shall be reported in a wdtten format and submitted for review and approval to the Planning Director of the City of BakersfieJd. (4) If cultural resources, either historic or prehistoric, are discovered during construction activities, all work shall be halted in the area of the find and a quatified archaeologist shall be hired to assess the resource. (5) Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map the following statement shall be included on the deed for the subject property of GPA/ZC 04-0441 (APN: 529-012-205) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval and any subsequent deed conveying perceis or lots: "This properly is located one-half mile north of the Kern Mosquito and Vector Control District which stores Class III and Class II pesticides which are not highly toxic or volatile. Any subsequent deed conveying parcels or lots shall contain a statement in substantially this form." (6) Prior to issuance of any building permit or approval of any tentative parcel map or tentative subdivision map, the following statement shall be included on the deed for the subject property of GPNZC 04-0441 (APN: 529-012-205) and recorded in by Kern County. This statement shall also be included on any parcel map, tentative map or final for subdivision approval and any subsequent deed conveying parcels or Iota: "This property is located one*half mile north of the Kern Mosquito and Vector Control District airstdp And may be subject to aircraft overflights. Any subsequent deed conveying parcels or Jots shall contain a statement in substantialJy this form." Mitigation measures for fugitive dust emissions: A) The developer shall water exposed surfaces (soil) three-times/day. B) The developer shall water all haul roads (unpaved) three-times/day. C) The developer shall ensure that all vehicles (as defined under Rule 8011) do not exceed a speed of 15 miles per hour on unpaved roads. D) The developer shall stablize ail disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covering with a tarb, other suitable cover or vegetative ground cover. E) The developer shall control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. F) When transporting materials off-site, the developer shall maintain a freeboard limit of at least 6 inc~ss and cover or effectively wet to limit visible dust emissions. G) The developer shall limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes shall be prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions. The use of blowers is expressly prohibited.) H) The developer shall stablize the surface of storage piles following the addition or removal of materials using water or chemical stablizer/ suppressants. I) The developer shall remove trackout when it extends 50 feet, or more, from the site at the end of each workday. J} The developer shall cease grading activities during pedods of high winds (greater than 20 mph over a one-hour period). K) For all asphalt.concrete paving, the developer shall comply with SJVAPCD Rule 4641 and restrict the use of cutbacA, slow-cure and emulsified asphalt paving materials. Mitigation measures proposed for construction equipment exhaust: A) The developer shall properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. B) The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. C) The developer shall use electric equipment for construction whenever pcesibie in lieu of diesel or gasoline powered equipment. D) The developer shall curtail the use of high- emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Aid' days as declared by the SJVAPCD. ROG Mitigation: The developer shall only use water- based paints for ali construction phases on the project site. 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 22nd day of September, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4213 , passed by the Bakersfield City Council at a meeting held on the 22nd day of September, 2004 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 101-14) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD FROM A (AGRICULTURAL) TO R-1 (ONE FAMILY DWELLING) ON 56.48 ACRES LOCATED SOUTH OF REINA ROAD AND WEST OF ALLEN ROAD (FILE # ZC #04-0441) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield ' ' (.I]DEPUTY-~ty Clerk