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HomeMy WebLinkAboutORD NO 4206 4206 ORDINANCE NO. . AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND UPON COMPLETITION OF THE ANNEXING PROCESS AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM COUNTY A (AGRICULTURE) TO CITY R-1 (ONE-FAMILY DWELLING) ON 80 ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE APPROXIMATELY 1,485 FEET EAST OF BUENA VISTA ROAD (FILE # 04-0435) 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 generally located along the south side of Panama Lane approximately 1,485 feet east of Buena Vista Road; and WHEREAS, by Resolution No. 83-04 on June 17, 2004, the Planning Commission recommended disapproval General Plan Amendment 04-0435; and WHEREAS, there was no Commission action on the zone change due to the recommended disapproval of General Plan Amendment 04-0435; 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 an official City zoning map does not exist; and WHEREAS, upon completion of annexation the, official zoning map will be Zoning Map No. 123-30 and the zone change site will be shown on Zoning Map No. 123-30; 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 19, 2004 in accordance with CEQA; and WHEREAS, the general plan designation for this area allows urban development and agricultural land uses; 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. ORIGINAL 4. 5. 6. Mitigation Measures shown on Exhibit No. B I 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. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and future official Zoning Map No. 104-30. 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. 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 marked Exhibit B 2 attached hereto and made a part hereof, and are more specifically described in attached Exhibit B 3. 4. Such zone change is hereby made subject to the mitigation measures/conditions of approval listed in attached Exhibit B 1. 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 ......... 2 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 ~D 0 ~ ?"~ "~ by the following vote: COUNClLMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNClLMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, CMC~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits: B 1 Mitigation/Conditions B 2 Prezoning Map B 3 Legal Description S:\Dolet04-0435\CC ZC Oral,DOC ORIGINAL EXHIBIT B 1 MITIGATION General Plan Amendment/Zone Change 04-0435 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 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. TRAFFIC STUDY 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 are shown on Table B 1. 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 alt non-RTIF (local mitigation) improvements Exhibit 1 Mitigation Measures GPA/ZC 04-0435 Page 2 Table B 1 Traffic Study Mitigation Future Improvements and Local Mitigation* ' Loca~'Mitigation Project % Total Improvements (Improvements not Share for LocaJ # Intersection Required by 2024 covered by RTIF) Mitigation 2 Buena Vista Rd & Install Signal- 1 EBL, 1 1 EBL, 1.81% Campus Park Dr WBL I WBL (Stripincj Only) (2.7%) 3 Buena Vista Rd & Install Signal - 1EBL, 1 2.76% Pacheco Rd WBL, 1 NBL, I SBL 1 WBL (4.36%) 4 Buena Vista Rd & Install Signal- 1EBL, I 4.63% Harris Rd WBL, 1 NBL, 1 SBL 1 EBL, 1 WBL (7.77%) 5 Mountain Vista Dr Instal~ Signal- 1 EBL, 1 Install Signal - 1 EBL, 2.64 & Harris Rd WBL, I NBL, 1SBL 1 WBL, 1NBL, 1 SBL (2.64%) 6 Old River Rd & Install Signal- 1 EBL, 1 4.77% Harris Rd WBL, 1 NBL, 1 SBL 1 EBL, 1 WBL (4.77%) Install Signal - 2 EBL, 1 7 AlienRd& EBT, 2WBL, lWBT, 1 2EBL, 1EBT, 1NBL, 1.13% Panama Ln NBL, 1 NBR, 1 SBL, 1 SBT 1 NBR (1.28%) Install Signal- 1 EBL, 1 8 Barlow Rd & EBT, 1 WBL, 1 WBT, 1 1.54% Panama Ln NBL, I SBL 1 NBL, 1 SBL (1.71%) Install Signal- 1 EBL, 1 9 Buena Vista Rd & EBT, 1 WBL, 1 WBT, I _ 5.57% Panama Ln NBL, 1 NBT, I SBL (7.41%) Install Signal - 2 EBL, 1 10 Mountain Vista Dr EBT, 1 EBR, 2 WBL, 1 7.77% & Panama Ln WBT, 2 NBL, 2 SBL 2 NBL, 2 SBL (8.8%) Install Signal- 1EBL, 1 11 Old River Rd & EBT, 1 WBL, 1 WBT, 1 _ 3.36% Panama Ln NBL, 1 SBL (3.94%) Install Signal- 1EBL, 1 12 Progress Rd & EBT, 1 WBL, 1 WBT, I Install Signal- 1 2.44% Panama Ln NBL, 1 SBL NBL, 1 SBL (2.99%) Install Signal - 2 EBL, 1 13 Gosford Rd & EBT, 2 WBL, 1 WBT, 2 _ 0.9% Panama Ln NBL, 1 NBT, I SBL, 1 SBT (1.27%) 14 Mountain Vista Dr Install Signal, 1 EBL, 1 Install Signal- 1 EBL, 2.4% & Coulter Rd WBL, 1 NBL, 1SBL 1WBL, 1 NBL, 1 SBL (2.4%) * RUETTGERS & SCHULER CIVIL ENGINEERS: 2004. (%) Caltrans percent share calcu[attbn method NB = Northbound SB = Southbound WB = Westbound EB = Eastbound L = Left Turn Lane T = Through Lane R = Right Lane ORIGINAL Exhibit 1 Mitigation Measures GPA/ZC 04-0435 Page 3 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 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. 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. Exhibit I Mitigation Measures GPAJZC 04-0435 Page 4 · 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 carryout/trackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVUAPCD Regulation VIII. S:~Dole\O4-O435~inal Mitigation Exhibit B 1 .doc ORIGIN,&,'._ EXHIBIT B 2 PREZONING 04-0435 COUNTY A TO CITY R-1 ~ ZONING MAP ORIGINAL EXHIBIT B 3 GPA/ZC 04-0435 LEGAE DESCRIPTION BEING A PORTION OF PARCEL 2 OF PARCEL MAP WAIVER NO. 14-93 AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED FEBRUARY 10, 1994 PER BOOK 6987, PAGE 1128, O.K, ALSO BEING A POR- TION OF THE NORTHWEST QUARTER OF SECTION 30,T. 30 S., K 27 E , M.D.M., IN THE UNINCORPORATED COUNTY OF KERN, STATE OF CALIFORNIA COMMENCING AT THE NORTH\VEST CORNER OF SAiD PARCEL 2, ALSO BEING THE NORTHWEST CORNER OF SECTION 30; THENCE SOUTH 89006'34'' EAST ALONG THE NORTIt LiNE OF PARCEL 2 AND SECTION 30 AND THE CENTERLINE OF PANAMA LANE, 1348 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTIt 89o06'34'' EAST ALONG SALD LINE TO THE NORTHEAST CORNER OF PARCEL 2 AND THE NORTH QUARTER CORNER OF SECTION 30. A DISTANCE OF 1478 77 FEET; FItF. NCE SOUTH 00%7'51" \VES'I AI.ONG THE EAST LINE OF PARCEL 2 AND THE NORTFBVEST QUARTER OF SECTION 30, A DISTANCE OF 2638 75 FEET TO THE SOUTHEAST CORNER OF PARCEL 2 AND THE CENTER OF SECTION 30; THENCE NORTH 89°08'53" WEST ALONG THE SOUTH LINE OF PARCEL 2 AND THE NORTHWEST QUARTER OF SECTION 30, A DISTANCE OF 1320 40 FEET; THENCE NORTH 00°47'51'' EAST, 1292.53 FEET; THENCE NORTH 89°10'14'' WEST, 162.49 FEET TO ~ NORTHEAST CORNER OF PARCEL 1 OF PARCEL MAP WAIVER NO. 14-93; THENCE NORTH 00058'23'' EAST, 1347.28 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS: 84.96 GROSS ACRES lennar-bv&pan-gpa-lgl ORIGINAL 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 , 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4206 , passed by the Bakersfield City Council at a meeting held on the 9th day of September, 200~/ and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND UPON COMPLETION OF THE ANNEXING PROCESS AMENDING SECTION 17.06.020 (ZONE MAP NO. 123-29) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM COUNTY A (AGRICULTURE) TO CITY R-1 (ONE-FAMILY DWELLING) ON 80 ACRES GENERALLY LOCATED ALONG THE SOUTH SIDE OF PANAMA LANE APPROXIMATELY 1,485 FEET EAST OF BUENA VISTA ROAD (FILE #04-0435) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield DEPUTY City Clei'~ S:\DOCUMENT~FORMS~AOP.ORD.wpd 1/14/2005 C;'~!G!NAL