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HomeMy WebLinkAboutORD NO 4241ORDINANCENO.._4J~'t AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NOS. 123-29 AND 123-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD FROM A (AGRICULTURAL) TO R-I (ONE FAMILY DWELLING) ON 95.94 ACRES LOCATED ON THE SOUTH SIDE OF PANAMA LANE, EAST AND WEST OF OLD RIVER ROAD (FILE# ZC 04-1334). 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 being annexed to the City of Bakersfield located on the south side of Panama Lane, east and west of Old River Road (Exhibits "A(1)"& "A(2)"), 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 for potential impacts to air quality, and, therefore, a Negative Declaration with mitigation measures was prepared and posted on November 17, 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, the project site (95.94 acres in size) is located in the unincorporated area of Kern County and is currently being precessed for annexation to the City of Bakersfield; 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) factors when considering projects that propose to convert designated agricultural land to non- agricultural uses; and WHEREAS, the Planning Commission has evaluated the ten (10) factors provided under Policy No. 14 of the Conservation/Soils and Agricultural Element of the Metropolitan Bakerefield General Plan and finds the following: 1.) Soil Quality Finding - The lands in this area are on the alluvial fan of the Kern River that generally gently slopes to the Southwest. The properties in the vicinity and most of the San Joaquin Valley floor in Kern County are prime agricultural farmland. The soils on the project site on a portion of Sec. 29, T30S R27E are agricultural lands consisting of ¼ of the area (-22 Acres), Type 127 Cajon Sandy Loam Storie Index 65 Class 2 and % of the area (-72 Acres), Type 174 Kimberlina Fine Sandy Loam Storie Index 95 Class 1. The United States Department of Agriculture, Soil Conservation Service, designates these soils as Prime Farmland on Page 91 of the "Soil Survey of Kern County Nodhwest · ~.~, Part." Land no longer available for farm production is 95.94 Acres. ,-~ , The amount of prime agricultural lands in the County of Kern is 875,610 acres reference Kern County Agricultural Commission 2001-2002 crop report. This acreage represents on a County wide average 0.01% of the harvested acreage. Therefore, the conversion of the project site to urbanization is appropriate for the area. 2.) Availability of irriqation water Finding - The agricultural water supply is presently delivered from an onsite private well and from a Kern Delta Water District canal. The use of the existing irrigation water delivery pipeline supplying adjacent acreages will not be interrupted. The water table is at -150 feet. The domestic water supply will come from the City of Bakersfield after development. City water mains exist on Panama Lane immediately West of the site and ¼ mile to the East; an onsite domestic well site may be required. Agricultural water average use for five years: (From the Operator) 3 years alfalfa @ 5' = 15 Ac. Ft./Ac. 2 years grain @ 4' = 8 Ac. Ft./Ac. 23 Ac. Ft./Ac. 1 year average 4.6 Ac. Ft./Ac. Using one acre-foot per year for each dwelling, the proposed domestic water use for the project is approximately 419 acre-feet annually, while the present water use is approximately: 4.6 X 95.94- 441 Ac. FtJyear average. A net reduction of - 441 minus -419 is -22 Acre Feet of water usage is anticipated through urbanization of the project site. The conversion from farmland increases the groundwater available in the basin since the project uses approximately 22 Acre Feet per year less for a residential use than for the existing agricultural use. Therefore, the conversion of the project site to urbanization is appropriate for the project site and area. 3.) Proximity to non-a,qricultural uses Finding - The properties immediately to the North are in the City of Bakersfield. The properties East of Old River Road and South of Old River Road from the project are annexing to the City of Bakersfield. The properties West of Old River Road and West of the project are annexing to the City of Bakersfield. The project boundary is surrounded on three sides by non-agricultural uses. Therefore, the conversion of the project site to urbanization is appropriate for the area. 4.) Proximity to intensive parcelization Finding - The properties immediately to the North are within the City of Bakersfield and are being urbanized, intensive parcelization is presently ongoing to the North where tentative maps are approved, construction is in progress, and final tract maps are being prepared for recording. Approximately 2269 lots have been or will be created in the near future. Parcels to the East and South, and West are presently having tentative tract maps being prepared; approximately 780 lots are expected to be created in these areas. In summary, the surrounding area is being rapidly urbanized at this time. Approximately 2269 parcels will be created in the near future, and an additional 780 parcels could be created before this project 419 parcels are created. The total number of parcels being created by the present project and in the future is approximately 3468. The project site is surrounded by intensive parcelization. Therefore, the conversion of the project site~A'%:~ urbanization is appropriate for the area. 5.) Effect on properties subiect to "Williamson Act" land use contracts Finding - All adjacent lands have been, or ara in the process of being removed from the Land Conservation Act (Williamson Act) by their owners. The project lands are in non-ranewal of the Land Conservation Act (Williamson Act Contracts). This project is not expected to cause a change to the character of any adjacent Williamson Act Contract lands, because adjacent cultivated lands remain unaffected by this project. Therafora, 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 properties immediately to the North are within the City of Bakersfield and are being serviced by urban infraastructura including streets, drainage, water, sewerage, disposal, electrical, phone, gas and cable TV. The existing large diameter sewer in McCutchen Road is available for sewerage disposal to the City's #3 Sewer Traatment Plant. Urban utilities are an urban growth-inducing element, particularly to those lands along McCutchen Road one mile to the South. Lands farther to the South of McCutchen Road will be limited in future urbanization, since the grades to the sewer will have adverse grades. Without sewage lift stations, lands to the South of the road will only be able to enter the sewer to the extent that they can gravity flow to the deep sewer, which lies at 20 to 25 feet in depth. The construction of the large diameter City sewer in McCutchen Road, the availability of City water, and public utilities the adjacent residential developments and adjacent utilities make development in this area and of this project a logical step in the ordedy development of the City. This project will not result in discontinuous patterns of urban development, since adjacent lands are developed or approved for urban development and the property lies within the path of rapid urban development and between two approved urban projects. Therefore, the conversion of the project site to urbanization is appropriate for the area. 7.) Ability to affect the application of aqricultural chemicals on nearby aqricultural properties Finding - Because of the proximity of adjacent uses in the County (including many farm houses and private rasidences) and close proximity of the City urbanization surrounding the site, no changes in methods of agricultural chemical application on adjacent lands are expected to occur as a result of implementation of the project. Therefore, the conversion of the project site to urbanization is appropriate for the araa. 8.) Ability to create a precedent-settinR situation that leads to the premature conversion of prime a,qricultural lands Finding - The project is on the North boundary of the recent 4-section sphere of influence change approved by LAFCO for this area. The project is surrounded on three sides by the City limits and areas that ara entitled for residential use and ara being currantly annexed to the City of Bakersfield. The project will not change the agricultural husbandry practices in the vicinity. This project represents the conversion of 0.01% of Prime Agricultural lands found within the County of Kern. This amount of farmland is not significant. The project is not pramature nor will the project create a pracedent-setting situation, because it is an urban infill project that uses existing urban infrastructure. The agricultural land conversion impacts wera considered when Sec. 30, T30S R27E was placed in the City of Bakersfield "Sphere of Influence", during the development and approval of the Metropolitan Bakersfield General Plan and during the planning, design and installation of McCutchen Road sewer line. There is no proximate noncontracted land which is both available and suitable for the use to which it is proposed or that development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted lands. The project is located between approved urban projects and will result in a more contiguous pattern of urban development than other, noncontracted lands farther from existing urbanized lands. 9.) Demonstrated project need Finding - The proposed project is a logical step in the orderly development of the City of Bakersfield. The project is in accord with the General Plan's Housing Element, and is necessary to provide for housing to offset the deficiency in urban housing demand. The County of Kern Housing Element projects that 33% of the housing 2002-2007 needs are allocated to the Southern San Joaquin Valley. The Housing Element of the City of Bakersfield General Plan of 2002 indicates a need for 13,805 new dwelling units in the period of 2002-2007 with a majority of the units in the "moderate and above" income class. The project is part of the demonstrated need for housing of the General Plan. 10.) Necessity of buffers such as lower densities, setbacks, etc Finding - Inclusion of Buffer Areas such as lower setbacks and densities are part of and a result of the application of the requirements of the City of Bakersfield Zoning Ordinance (Zoning Ordinance) on the project. The Zoning Ordinance requires the application of setbacks to residential lots adjacent to agricultural areas that will be applied to and be made a requirement of the project during the Tentative Tract Map process. Lower density buffer areas will be created through the application of the required setbacks of the Zoning Ordinance adjacent to residential lots adjacent to agricultural areas. The requirements of the City Zoning Ordinance will be implemented as specific tentative tracts are developed. Therefore, the conversion of the project site to urbanization is appropriate for the area. WHEREAS, by Resolution No. 186-04 on December 9, 2004, the Planning Commission approved the adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change No. 04-1334 as delineated on attached Zoning Map Nos. 123-29 and 123-30, marked Exhibits "A(1)" and "A(2)", respectively, and this Council has fully considered the Planning Commission's recommendation as set forth in that Resolution; and 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. 3. The proposed project would not have a significant effect on the environment. 4 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- 1334 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 95.94 acres (File# ZC 04- 1334) of that certain property being annexed to said City, the boundaries of which property is shown on Zoning Map Nos. 123-29 and 123-30, marked Exhibits "A(1)" and "A(2)", 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. ......... 000 ......... 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 I~AR 3 0 ZOO§ by the following vote: NOES: ABSTAIN: ABSENT: ~ ~ ~ ~ ~.- ~ v~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCR]VNER COUNCILMEMBER COUNCILMEMBER COUNClLMEMBER PAMELA A. McCARTHY, C~j~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED APPROVED as to form VIRGINIA GENNARO City Attorney Exhibits Attached: Exhibits A(1) & A(2) - Zone Change Maps Exhibit B - Legal Description Exhibit C - Conditions of Approval/Mitigation Measures Exhibit D - Mitigation Monitoring Plan S:\GPA 4th 2004\04-1334\OZC-CC. 04-1334 EXHIBIT A(1) l~gg I.-1~0 BE)NVHO 3NOZ EXHIBIT A(2) O O l~gg I,-1~00NINOZ3~d EXHIBIT B ZONE CHANGE AND GENERAL PLAN AMENDMENT DESCRIPTION OF PANAMA LANE AND OLD RIVER ROAD BEING PORTIONS OF LOTS 1,2, 3 AND 4 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY IN SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., 1N THE COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH LINE OF SAID SECTION AND THE CENTERLINE OF PANAMA ROAD A DISTANCE OF 1323.40 FEET TO THE NORTItEAST CORNER OF SAID LOT 3; THENCE SOUTH 00° 00' 00' EAST ALONG THE EAST LINE OF SAID LOT A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00° 00' 00" EAST ALONG SAID LINE A DISTANCE OF 1290.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE NORTH 90° 00' 00' WEST ALONG THE SOUTH LINE OF SAID LOTS 3 AND 4 A DISTANCE OF 1320.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE NORTH 00° 00' 00" WEST ALONG THE WEST LINE OF SAID LOT A DISTANCE OF 1290.00 FEET TO A POINT LYING 30.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, SAID NORTH LINE OF SECTION 30; THENCE SOUTH 90° 00' 00' EAST PARALLEL TO SAID NORTH LINE A DISTANCE OF 1320.00 FEET TO TIlE POINT OF BEGINNING. CONTAINING 39.09 ACRES MORE OR LESS. PARCEL 2 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 90° 00' 00" WEST ALONG THE NORTH L1NE OF SAID SECTION 30 AND TIlE CENTERLINE OF PANAMA ROAD A DISTANCE OF 1323.40 FEET TO THE NORTHWEST CORNER OF SAID LOT 2AND THE NORTHEAST CORNER OF SAID LOT 3; THENCE SOUTH 00° 00' 00" EAST ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00° 00' 00' EAST ALONG SAID LINE A DISTANCE OF 1290.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT; THENCE SOUTH 90° 00' 00" EAST ALONG THE SOUTH lANE OF SAID LOTS 2 AND 1 A DISTANCE OF 1293.50 FEET TO A POINT LYING 30.00 FEET WEST OF, AS MEASURED Al' R1GHF ANGI ,ES TO, TIlE EAST lANE OF SECTION 30 AND THE CENTERLINE ( )F OLD RIVER ROAD; THENCE NORTH 00° 00' 16" WEST PARALLEL TO SA1D EAST LINE A DISTANCE OF 1290.{)0 FEET 'FO A POINT LYING 30.00 FEEF SOUTH OF, AS MEASURED Al' RIGttT ANGLES TO, SAID NORTH LINE OF SECTION 30; THENCE NORTH 90° 00' 00" WEST PARALLEL TO SAID NORTH LINE A DISTANCE OF 1293.40 FEET TO THE POINT OF BEGINNING. CONTAINING 38.30 ACRES MORE OR LESS. PARCEL 3 BEING PORTIONS OF LOTS I AND 8 OF SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY SECTION 29, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.B.& M. AS FILED JUNE 16, 1897 IN THE RECORDER'S OFFICE OF THE COUNTY OF KERN, STATE OF CALIFORNIA AND MORE PARTICULARLY DESCRIBED S FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 29; ]'HENCE SOUTH 89° 14' 59" EAST ALONG TIlE NORTH LINE OF SAID SECTION AND THE CENTERL1NE OF PANAMA ROAD A DISTANCE OF 659.83 FEET TO TIlE NORTHEAST CORNER OF THE WEST ltALF OF SAID LOT 1; THENCE SOUTH 00© 34' 44" WEST ALONG TItE EAST LINE OF SAID WEST I IALF OF LOT I A DISTANCE OF 30.00 FEET 'FO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00© 34' 44" WEST ALONG SAID LINE AND THE EAST LINE OF THE WEST HALF OF SAID LOT 8 A DISTANCE OF 1283.37 FEET 'FO THE SOUTH LINE OF SAID LOI 8; THENCE NORTH 89° 17' 09" WEST ALONG SAID SOUTH LINE A DISTANCE OF 629.48 FEET TO A POINT LYING 30.00 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE CENTERLINE OF OLD RIVER ROAD; THENCE NORTH 00° 33' 50" EAST PARALLEL TO SAID CENTERLINE A DISTANCE OF 1283.77 FEET TO A POINT LYING 30.00 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION; THENCE SOUTH 89© 14' 59" EAST PARALLEL TO SAID CENTERLINE A DISTANCE OF 629.82 FEET TO THE POINT OF BEGINNING. CONTAINING 18.55 ACRES MORE OR LESS. L.S. 3707 1(13479 100 DESC.OLD RIVER NO 2 FOR ZONING AND GPA EI(K' EXHIBIT C ZONE CHANGE 04-1334 CONDITIONS OF APPROVAL/MITIGATION MEASURES PUBLIC WORKS 1.) Prior to approval of any development plan, improvement plan for a tentative subdivision map, or application for a lot line adjustment, the following shall occur: a) Provide full dedication for Panama Lane and Old River Road to arterial standards Dedications shall include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b) Provide a sewer study for the entire area covered by the GPA/ZC. This study shall also cover any area between this GPA/ZC area and the nearest point of connection and shall delineate the possible sewer service area and shall size the main line accordingly. The developer shall aid in the formation of a Planned Sewer Area and may enter into a oversizing agreement with the City of Bakersfield. 2.) No more than 2 storm drainage basins will be allowed for the entire GPNZC area - one for the 80 acres west of Old River and one for the 20 acres east of Old River. The basin east of Old River shall be located on the periphery of the GPA/ZC area to accommodate serving the adjacent developments. 3.) Normal full frontage improvements shall be required at time of development. 4.) Pay the standard fees for the Regional Transportation Impact Fee, as adopted at time of vesting of the development. 5.) Site specific access shall be limited and shall be determined at time of subdivision review. Medians or other approved means shall be required to facilitate limiting access. 6.) 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. 7.) The developer shall pay the median fees for the frontage of the property within the GPA request prior to recordation of a final map or issuance of a building permit. S:\GPA 4th 2004~04-1334\Conditions of Approval.doc PLANNING 8.) The following note shall appear on all final maps: "Nei.qhborinq Business Activity Statement: The County of Kern encourages operation of properly conducted business in agricultural, oil, mining, manufacturing, and other nonresidential operations within the County. If the property you are purchasing is located near these businesses, you may be subject to inconveniences or discomforts arising from such operations to the extent allowed by law. This notice does not waive your legal rights." 9.) Williamson Act: The applicant/property owner shall not develop any portion of the subject site until such a time as the Williamson Act Cancellation Fees are paid and contract cancelled for that portion of the subject site upon which development is proposed. Until such a time as the Williamson Act Cancellation Fees are paid, development shall be limited to those land uses allowed by the Williamson Act Contract. 10.) Mitigation measures for construction equipment exhaust: 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 site. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. Curtail construction during periods of high ambient pollution oncentrations; this may include ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways. 11 .) Mitigation measures for fugitive dust emissions: 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, excavating, 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 proceeded 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 all unpaved areas at the constructions site. Implementation of carryoutJtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVUAPCD Regulation VIII. S:\GPA 4th 2004~04-1334~Cond~ions of Approval.doc EXHIBIT D Zone Change No. 04-1334 Mitigation Monitoring and Repoding Checklist No. VERIFICATION OF COMPLIANCE Menitodng and Party Mitigation Measure Reporting Monitoring Responsible Process Milestone for Monitoring Initials Date Remarks (1) The following mitigation measures for construction Construction Construction Planning equipment exhaust shall be implemented: Review Approval Department 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 pedods of time to reduce emissions associated with idling engines. c) The developer shall encourage ride shadng 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 pedods of high ambient pollutant concentrations; this may include ceasing of construction activity dudng the peak-hour of vehicular traffic on adjacent roadways. (2) 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 stablizefl 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 stablizer/suppressant. c) For all land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition activities, the developer shall effectively control fugitive dust ~mssions 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 v~ible 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 dry rotary 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 stablized of fugitive dust emissions utilizing sufficient water or chemical stablizer/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 trips per day, the developer shall prevent carryout and trackout, i) The developer shall ensure that all esphalt- concrete paving complies with San Jcaquin Valley Air Pollution Control Distdct Rule 4641. The developer shall also restrict the use of cutback, slow-cure and emulsified asphalt paving materials. j) The developer shall cease grading activities dodng periods of high winds (greater than 20 mph pedod). , The developer shall limit construction-relatad vehicle speeds to 15 mph on all unpaved areas on the project site. I) The developer shall implement carryoutJtrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJVAPCD Regulation VIII. 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 31st day of March ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4241 , passed by the Bakersfield City Council at a meeting held on the 30th day of March, 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND APPROVING THE PROPOSED AMENDMENT TO SECTION 17.06.020 (ZONE MAP NOS. 123-29 AND 123-30) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONING OF CERTAIN PROPERTY BEING ANNEXED TO THE CITY OF BAKERSFIELD FROM A (AGRICULTURAL) TO R-1 (ONE FAMILY DWELLING) ON 95.94 ACRES LOCATED ON THE SOUTH SIDE OF PANAMA LANE, EAST AND WEST OF OLD RIVER ROAD (FILE#ZC 04-1334) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield S:\DOCUMENT~FORMS~,OP.ORD.wpd