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HomeMy WebLinkAboutORD NO 4223ORDINANCE NO. 4 2 ~ 3 AN ORDINANCE ADOPTING A MITIGATED NEGATIVE DECLARATION, UPHOLDING APPLICANT'S APPEAL AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 123-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD FROM R-3 (LIMITED MULTIPLE-FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ON 11.86 ACRES AND C-2 (REGIONAL COMMERCIAL) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ON 8.82 ACRES LOCATED AT THE NORTHEAST CORNER OF ASHE ROAD AND PANAMA LANE (FILE # ZC 03-1169). 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 at the southeast corner of Ashe Road and Panama Lane (Exhibit A), and moro 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 measuros aro adopted for potential impacts to air quality and cultural resources, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on August 16, 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 Proceduros, have been duly followed by city staff, the Planning Commission, and this Council; and WHEREAS, by Resolution No. 117-04 on September 16, 2004, the Planning Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 03-1169 as delineated on attached Zoning Map No. 123-22, marked Exhibit "A", respectively, and this Council has fully considered the Planning Commission's recommendation as set forth in that Resolution; and WHEREAS, the decision of the Planning Commission to require a 10-unit per acre minimum density was appealed by the applicant; and WHEREAS, convincing testimony has been given by the appellant and neighbors concerning this matter; and WHEREAS, the City Council has considered and heroby makes the following findings: 1. All above recitals are true and correct. 2. The provisions of the California Environmental Quality Act have been met. ~RIGINA~' 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 Resoumes 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 fotlows: 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. 03- 1169 is hereby adopted. 3. The appeal by the applicant is hereby upheld. 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 (File# ZC 03-1169) of that certain property in said City, the boundaries of which property is shown on Zoning Map No. 123-22, marked Exhibit "A", 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. 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. ......... O00 ......... 2 ORiGINAt. 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 NOV ]. ? ;7004 by the following vote: F;~OES: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER COUNCILMEMBER COUNCILMEMBER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED N0~ ! ? Z004 Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GEN~O City Attorne~y/// Exhibits Attached: Exhibit A - Zone Change Map Exhibit B - Legal Description Exhibit C - Conditions of Approval/Mitigation Measures Exhibit D - Mitigation Monitoring Plan S:\Dole\03-1169\CC 2~CO.DOC ~ ~b l~ K ~x2d~' ©RiG',NAL X m,m ZONE CHANGE 03-1169 ORK31NA[ EXHIBIT B - G?A/ZC 03-tt69 ZONE CHANGE LEGAL DESCRIPTIONS ALL THOSE PORTIONS OF SECTION 22, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: PROPOSED R-2 (FROM COMMENCING AT THE SOUTHWEST CORNER OF SAiD SECTION 22; THENCE N.O0°48'83''E- ALONG THE WEST LiNE OF SAiD SECTION 22, ALSO BEING THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 718.99 FEET; THENCE DEPARTING SAID CENTERLINE AT RIGHT ANGLES, S.89°11'07"E. 55.03 FEET TO THE POINT OF BEGINNING; 7HENCE N.O0°51'30''E', 226.46 FEET; THENCE S.89°10'07"E-, 687.76 FEET TO THE WEST BOUNDARY OF THE ARVIN-EDiSON CANAL AS DESCRIBED iN BOOK 4000, PAGE 17, OFFICIAL RECORDS OF KERN COUNTY; THENCE ON AND ALONG SAiD WEST BOUNDARY OF THE ARVIN-EDISON CANAL THE FOLLOWING SIX (6) COURSES: 1) S.23o47'32"E., 292.54 FEET; THENCE 2) S.66o12'28"W., 15.00 FEET; THENCE 31 S.23O4T32"E, 450.00 FEET; THENCE 41 N66o12'28"E., 15.00 FEET; THENCE SI S.23o4T32"E, 71.07 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 305.00 FEET; THENCE 6) SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 65°17'19'' AN ARC DISTANCE OF 347.55 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1944.14 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS S00°55'09''w-; THENCE DEPARTING SAID WEST BOUNDARY OF THE ARVIN-EDISON CANAL, WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°37'04" AN ARC DISTANCE OF 88.83 FEET; THENCE N.86°2T49''w', 218.53 FEET; THENCE N86°2T55"w', 242.00 FEET; THENCE N.03o32'O9"E., 26.49 FEET TO THE BEGINNING OF A TANGENT CURVE cONCAVE TO THE WEST, HAVING A RADIUS OF 379.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27'19'41' AN ARC DISTANCE OF '180.77 FEET; THENCE N.2.~*47'32'W. 365.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 621.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03'33'13' AN ARC DISTANCE OF 38.52 FEET; THENCE N.20°14''19"w'' '159.5.~ FEET; THENCE S.69045'41''w', 144.07 FEET; THENCE N.89o'1'1,O4-W., 362.9'1 FEET TO THE POINT OF BEGINNING. CONTAINING 8.22 ACRES. _.MROPOSEDR-2 (FROM R-3) ENCI--~ AT THE sOUTHWEST CORNER OF SAID SECTION 22; THENCE N,O0°48'53"E- ALONG THE WEST LINE OF SAID SECTION 22, ALSO BEING THE CENTERLINE OF ASHE ROAD, A DISTANCE OF 718.99 FEET; THENCE DEPARTING SAID CENTERLINE AT RIGHT ANGLES, S.89°11''- E., 55.03 FEET; THENCE N.00°51'30'E'' "- .5.46 FEET TO THE POINT OF BEGINNING; THENCE N.00°47'33.E'' 454.55 FEET; THENCE I J*48'S6"E., 10,'17.29 FEET TO THE WEST BouNDARY OF THE ARVIN-EDISON CANAL AS DESCRIBED IN BOOK 4000, o '32"E ALONG SAID WEST PAGE 17, OFFICIAL RECORDS OF KERN cOUNTY; THENCE S.23 47 . BOUNDARY, A DISTANCE OF 1652.08 FEET; THENCE DEPARTING SAID WEST BOUNDARY, N.89olO,O7-W., 687.76 FEET TO THE POINT OF BEGINNING. cONTAINING 11.86 ACRES. 6822 13\LEGALS\ZONECHANGE DOCkS£P'[ '[7, 200] EXHIBIT MITIGATION/CONDITIONS Zone Change 03-1169 Negative Declaration/Initial Study Planning Commission Planning Planning 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 resoumes are unearthed during ground disturbance activities, all work shall halt in the area of the find. A qualified professional amhaeologist shall be called in to evaluate the findings and make the appropriate mitigation recommendations. Air Quality (WZI INC.) Mitigation Measures for Construction Equipment Exhaust 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 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. o ~ OR!GINAL Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity dudng 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 VJIJ, 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. 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 and 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. · 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 restdct the use of cutback, slow-cure and emulsified asphalt paving materials. ~)RiGINAL 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. Wash off construction and haul trucks to minimize the removal of mud and dirt from the project sites. Public Works With the first development or land division, a. install the warranted traffic signal at the intersection of Panama Lane and Ashe Road. Construction costs will be credited towards required traffic impact fees. b. fully improve Ashe Road to arterial standards from Panama Lane to Harris Road. Ashe Road is a bikeway on the "Bikeway Master Plan" and shall be constructed as required by the General Plan for streets with bike lanes. c. install landscaping and automatic irrigation systems in the median island from Panama Lane northerly to connect with existing improvements. With the first development or land division, and in accordance with Agreement 87-84 a. install sidewalk on the north side of Panama Lane from its easterly terminus east to the Arvin-Edison canal crossing of Panama Lane. b. instalt landscaping with automatic irrigation system on the north side of Panama Lane easterly to the Arvin-Edison canal crossing of Panama Lane. c. install the landscaped median island with automatic irrigation systems in Panama Lane easterly to the Arvin-Edison canal crossing of Panama Lane. With development or division, install traffic signal interconnect conduit, conductor, and pull boxes along the east side of Ashe Road and the north side of Panama Lane. Access from the site to the arterial streets will be limited and will be determined at the time of development or division. A traffic signal paid for and installed by the developer/subdivider will be required for full access into and out of the site. Otherwise, access will be limited to right turns in, right turns out, and possibly left turns in. If, at the time of development or division, a traffic signal or signals (other than the signal at the intersection of Ashe Road and Panama Lane) are proposed to serve the project, then a maintenance district shall be formed to pay for the annual operation and maintenance costs of the traffic signal(s). The traffic signal maintenance district shall encompass the entire area east of Ashe Road, north of Panama Lane, and westerly of the A-E Canal. TRAFFIC COMMENTS: This proposal will result in a reduction in trip generation from previously approved entitlements and therefore no additional traffic study was required. The development shall be subject to all previous requirements and shall be required to pay into the adopted Regional Traffic Impact Fee (RTIF) program. The fee program improvements mitigate impacts of the existing densities. EXHIBIT D Zone Change No. 03-1169 Mitigation Monitoring and Reporting Checklist VERIFICATION OF COMPLIANCE No. Meeit0~ng and Pa~ MfiJga~0 Measure Repo~ng Monito~ng Reslx~s~le Process Milestone for Monit0~ng Initials Date Remarks (1) If any human remains are discovered, all work shell Construction Construction P[annlng stop unfit the Kern County Coroner has been notified Review Approval Depadment 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. (2) If culturat 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) The fotlowing mitigation measures for construction equipment exhaust shali be implemented: a) The developer sha~l 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 ;missions associated with idling engines. c) The developer shall encourage ride sharing and use of transit transportation for construction employee communting to the project site. d) The developer shall use electric equipment for construction whenever possible in lieu of fossil fuel- fired equipment. e) The developer shall curtail construction during 3edods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. (4) The following mitigation measures for fugitive dust emissions shall be implemented: a) For all disturbed areas, including storage piles, which are not being actively utilized for construction purposes, the developer shall effectively stablize dust emissions using water, chemical stablizerl suppressant, covered with a tarp or other suitable cover, or vegetative ground cover. b) For all onsite unpaved roads and offsite unpaved access roads, the developer shall effectively stablize of dust emissions using water or chemical stabfizer/suppressant. S: Dole\03- 1169~Mitigation Monitorin[z 04-1169.doc I ORfG~NAL c) For afl land cteadn9, 9rubbing. scraping. excavation, land leveling, grading, cut and fill. and demolition activities, the developer shall effectively control fugitive dust ernssions utilizing application of water or by presoaking, d) When materials are transported offsite, the developer shall ensure that it is 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. e} For all operations, the developer shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dP/rotan/brushes is expressly prohibted except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. The use of blower devices is expressly prohibited) f) Following the addition of materials to. or the removal of materials from. the surface of outdoor storage piles, the developer shall ensure that said piles are effectively stabl[zed of fugitive dust emissions utilizing sufficient water or chemical stabNzer/suppressant. g) The developer shall ensure that trackout is immediately removed when it extends 50 feet. or more, from the site and at the end of each workday h) When the construction site has 150 or more vehicle tdps per day. the developer shall prevent carryout and trackout. i) The developer shall ensure that all asphalt- concrete paving complies with San Joaquin Valley Air Pollution Control District Rule 4641. The developer shall also restrict the use of cutback. slow-cure and emulsified asphati paving materials. j) The developer shall cease grading activities during pedods of high winds (greater than 20 mph over a one-hour period). k) The developer shall ~imit construction-related vehicle speeds to 15 mph on all unpaved areas on the project site I) The developer shall wash off all construction and haul trucks to minimize the removal of mud and dirt from the project site S:kDole\03-1169~Vli6gation Monitoring 04-1169.doc 2 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) SS. County of Kem ) 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 18th day of November, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4223, passed by the Bakersfield City Council at a meeting held on the 17th day of November, 2004 and entitled: AN ORDINANCE ADOPTING A MITIGATED NEGATIVE DECLARATION, UPHOLDING APPLICANT'S APPEAL AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NO. 123-22) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY IN THE CITY OF BAKERSFIELD FROM R-3 (LIMITED MULTIPLE-FAMILY DWELLING) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING ON 1'1.86 ACRES AND C-2 (REGIONAL COMMERCIAL) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ON 8.82 ACRES LOCATED AT THE NORTHEAST CORNER OF ASHE ROAD AND PANAMA LANE (FILE # ZC 03-1169). /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield U DEPUTY(J~i~ Clerk