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Home My WebLink AboutORD NO 4217ORDINANCE NO. 4 ~ I ~ AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-36) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON 39.90 ACRES GENERALLY LOCATED AT 2329 McKEE ROAD (FILE # ZC 04-0439) 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 in the City of Bakersfield located 2329 McKee Road; and WHEREAS, by Resolution No. 121-04 on September 16, 2004, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve R-1 zoning as delineated on attached Zoning Map marked Exhibit A, 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 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 zoning of the subject property from A (Agriculture) to R-1 (One-Family Dwelling) 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 August 13, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban development; findings: and WHEREAS, the City Council has considered and hereby makes the following All required public notices have been given. The provisions of the California Environmental Quality Act have been followed. Mitigation Measures shown on Exhibit No. B are included in the project to ameliorate impacts. The proposed project is consistent with the surrounding land uses. The proposed project is consistent with the Metropolitan Bakersfield General Plan. ,G NAL The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No. 123-36. 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. as follows: SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield 1. All of the foregoing recitals are hereby found to be true and correct. 2. The Negative Declaration is hereby approved and adopted. 3. 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 said City, the boundaries of which property is shown on Zoning Map 123-36 marked Exhibit A attached hereto and made a part hereof, and are more specifically described in attached Exhibit C. 4. Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit B, subject to approval of GPA 04-0439. 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 ......... the I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by ~jJyncit of the City of Bakersfield at a regular meeting thereof held on 0 3 ~-00~ by the following vote: ABSTAIN: ABSENT: COUNCILMEMBER COUCH, CARSON, BEN M, MAG D, HAN N, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ORiGCNAL PAMELA A. McCARTHY(~C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 0 3 2004 APPROVED as to form VIRGINIA GENNARO City Attorney ZONE CHANGE 04-0439 O EXHIBIT B LEGAL DESCRIPTION All of Lots 19 and 20 in Section 36, Township 30 South, Range 27 East, Mount Diablo Meridian, in the unicorpomted area of the County of Kern, State of California, according to Sales Map No. 1 of the Lands ofJ.B. Haggin filed in the office of the County Recorder of said County on May 3, 1889. Assessor's Parcel No. 514-060-01-00-7 EXHIBIT C GENERAL PLAN AMENDMENT/ZONE CHANGE 04-0439 MITIGATION/CONDITIONS OF APPROVAL Planning Air Quality Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, 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 & 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. · Ail 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 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 ail unpaved areas at the construction site. · Implementation of carryoutJtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVUAPCD Regulation VIII. ..... (~,NAL Cultural 1. 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. 2. 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. 3. With submittal of a tentative map application, site plan review or grading plan, whichever occurs first, a cultural resources field survey shall be provided to the Planning Director. Noise This project will be in compliance with the City of Bakersfield noise standards, provided the following mitigation measures are implemented. 1. Noise barriers having the locations and minimum heights shown in Exhibit A 3 are to be constructed. Noise barriers must be continuous without gaps or openings, and constructed of a dense material such as masonry blocks or stucco on both sides of a wood/steel frame. Earth berms or berm/wall combinations may also be used. 2. Mechanical ventilation or air conditioning must be provided for all homes so that windows and doors may remain closed for the required acoustical insulation. 3. Acoustic baffles should be installed on the interior side of gable vents that face (or partially face) SR99 in homes to be located on the first roll of homes along the east side of the subdivision. An example of a suitable attic vent baffle is shown on Exhibit A 4. 4. Exterior doors, excluding glass doors, should be solid-core wood or insulated steel with perimeter weather-stripping and threshold seals. 5. Along the subject site's east boundary, the layout/alignment/development of lots, the road location and the location and height of the noise barrier shall be constructed as shown on Exhibit A 3. Traffic Miti,qation: 1. Traffic study mitigation measures for the affected intersections are shown on Exhibit A 5. 2. Applicant shall pay the project's proportionate share of the Regional Transportation Impact Fee program. 3. Applicant shall pay the project's proportionate share of mitigation improvements identified by the traffic study. PUBLICWORKS Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: ORiGiNAL a. Provide fully ~..ecuted dedication for McKee Roa(, .o collector standards for the full frontages of the area within the GPA request. McKee Road will have an overpass at SR 99 and slope easements will be required. 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 1 sump 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 GPA/ZC area, it need not be so located. The 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. As there will be an overpass at McKee at SR 99, there will be no access from McKee to the parcel to the east of subject property. All access to the parcel to the east shall be through the subject property. Any development plans will have connecting streets to the east. Any walls constructed because of noise mitigation across the access streets, shall have an easement for eventual removal by the property owner to the east. Because of the future freeway overpass, access to McKee Road will be allowed only on the westerly side of the parcel. Location of the access will be determined by Caltrans standards and approval by the City Engineer. 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 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. 5. TRAFFIC COMMENTS We have reviewed the study prepared by Pinnacle Engineering for a 1§5 unit single family residential development and it appears to be adequate. Based upon the study for the development the following mitigation measures would be appropriate. Local Miti,qation No local mitigation measures are necessary. The study shows the mitigation provided in the RTI F program provides adequate mitigation for the proposed land use change. Regional Transportation Impact Fee Pay the standard residential fees, as adopted at time of development, for the residential portions. ~'3FI!GiNA~ EXHIBIT C INTERSECTION' MITIGATION · ~3ENERAL PLAN AMENDMENT/ZONE CHANGE 04-0439 DMa) Nodhbound ~,, nhhOUn4 F~dl~c~nd Westbound Int. NO. ~-~.~ ~ T~ U T W ~ IT ~ ~ T ~ ~ T ~ ~VG 1) ~ ~.~ ~ A A B B A B B A A ~ Z~+~-PM ~ A A B B A B B A A 1.6 ~. ~ ~ ~ A B F E B F E C F ~.5 ~+~,.~ ~ B B F F B F F C F 187.6 M~ON:~aE~ S B B~ B B B B C B B B B B B 1Z4 2) ~a~Ta~-PM ~ C C A C C A A A A 2~+~-?~1 ~ C C A C C A A A A 2,6 ~- NO ~ ~ F F C F F C C C F ~+~.-PM ~ F F C F F C C C F A~I~ON: ~n~a~S~nal S B B B B .B B B B B B B B B 11.5 3) =~ ~-PM - ~ C B B E~ C ~Tafl ~ + ~.?~[ ~ C B B E ~ D 21,6 ~.~ ~ F F F F F ~*~.-PM ~ F F F F F ~m~ON: ~n~aB ~1 S B B B B C B B B B ! t.9 4) 3. H ~ · ~ ~ - PM ~ A A A A A Z7 ~ ~4 + ~ - ?k[ ~ A A A B A 4.8 ~- NO Pr~ ~ F F F F F ~* ~.-PM ~ F F F F F ~ITIGATION: [ ~" B B B B B B B B C B 11.3 p,,~..S~l S B B B 5) S. Ha~Ta~ ~-PM S C B B' C B B B B C B B C 15.6 ~+~}.~[ S C B B C B B B B C B B C 15.6 ~-NO ~[~ S B B D B C B B C B ~+Pr~.-PM S B B D B C B B C B A~TION: ~n~-. S~ S B B B B B B B B B B B B B 11.2.,. 6) ~. H ~ Nb. ~-PM ~ A A A 2 ~m~ :~+~-~1 ~ A A A ~6 ~-HO~ ~ E A C ~4 ~ + Pr~. - PM ~ E A C ~.2 ~ITI~TION: ~a~ S~I S A A A A 3,3 Legend: U = Unsignalized S = Signatized 2w = Two Way Stop Control 4w = All Way Stop 6 Ft. Ft. Noise 6 Ft..~.. -,i EXHIBIT C Example of Attic Vent Baffle Treatment Acoustically Lined Baffle Vent Opening Opening should be large enough to provide adequate ventilation as required by building codes G:~,BBA Film',ODM~Wo~I~.004 ReportsV}4-O42A Tract No. 6362 Rev..doc 7/5/G4 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kem ) 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 3rd day of November, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4217, passed by the Bakersfield City Council at a meeting held on the 3rd entitled: AN ORDINANCE ADOPTING A day of November, 2004 and NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-36) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO Rol (ONE- FAMILY DWELLING) ON 39.90 ACRES GENERALLY LOCATED AT 2329 MCKEE ROAD (FILE # ZC 04-0439) /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk E'RiSINAL