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
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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