HomeMy WebLinkAboutORD NO 4255ORDINANCE NO. ~ 25 5
AN ORDINANCE UPHOLDING THE DECISION OF THE
PLANNING COMMISSION, DENYING THE APPEAL BY THE
SIERRA CLUB, ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-08) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM A (AGRICULTURE) AND
R-S 2.5A (RURAL SUBURBAN 2.5 ACRE) TO R-1 (ONE
FAMILY DWELLING) ON 120::1: ACRES GENERALLY LOCATED
NORTH OF PALADINO DRIVE, EAST OF VALLEY LANE. (FILE
#04-1712)
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 from Mclntosh and Associates to change the land use zoning of those
certain properties in the City of Bakersfield generally located north of Paladino Drive, east of
Valley Lane, as shown in Exhibit "B".
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from A (Agriculture) and R-
S 2.5a (Rural Suburban 2.5 Acre) to R-1 (One Family Dwelling); and
WHEREAS, by Resolution No. 22-05 on March 3, 2005 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 04-1712 as delineated on attached Zoning Map No.
104-08 marked Exhibit "C" and more specifically described in attached Exhibit "D", subject to
conditions and mitigation measures listed in Exhibit "A" and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution; and
WHEREAS, on February 12, 2004, The Sierra Club filed an appeal to the
Planning Commission's recommendation on this project; and
WHEREAS, responses to concerns presented by the Sierra Club were prepared
and considered by the Planning Commission and City Council in recommending approval of the
Negative Declaration and are hereby made part of the record for the proposed project; and
WHEREAS, the facts presented in the staff report and evidence at the above
referenced public hearings support the findings contained in this resolution; and
WHEREAS, the Council of the City of Bakersfield conducted and held a public
hearing on WEDNESDAY, March 24, 2004, on the above described Zone Change No. 04-1712,
notice of time and place of the hearing having been given at least ten (10) calendar days before
the hearing by publication in the Bakersfield Californian, a local newspaper of general
circulation; and
WHEREAS, the law and regulations relating to the preparation and adoption of
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 Negative Declaration was advertised and posted on February 11,
2005 in accordance with CEQA; and
WHEREAS, the general plan designation of Low Density Residential for this area
allows residential development, with which the R-1 (One Family Dwelling) is consistent; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
1. All required public notices have been given
The provisions of the California Environmental Quality Act (CEQA) have been
followed as follows:
In accordance with adopted guidelines of the San Joaquin Valley Air
Pollution Control District, the agency with jurisdiction over the affected
resource, the project's impacts to air quality, as projected in an Air Quality
Study prepared by W.Z.I. Inc. (November 2004), fall below the thresholds
of significance.
In accordance with CEQA Section 21083.3 b. and CEQA Guidelines
Section 15183, this project is consistent with the development density
established by the existing zoning and adopted General Plan, for which an
Environmental Impact Report (EIR) was certified on December 11, 2002.
There are no significant impacts which are peculiar to this project or parcel
which were not considered in the General Plan EIR.
There are no significant impacts which are peculiar to this project which
were not analyzed in the EIR prepared for the adopted General Plan.
There are no potentially significant off-site impacts and cumulative impacts
which were not discussed in the EIR prepared for the General Plan.
Mitigation measures have been incorporated into the project and agreed to
by the applicant to adddress air quality, cultural resources, and biological
resources.
None of the requirements for a subsequent EIR or Negative Declaration
pursuant to CEQA section 21166 or CEQA Guidelines Sections 15162 and
15163 are present. The proposed zone change will not cause new
significant environmental impacts that were not previously discussed in the
General Plan EIR or an increase in severity of previously discussed
impacts. No major revisions are necessary to the previously adopted
General Plan. Accordingly, the City finds that adoption of the Mitigated
Negative Declaration is appropriate and that no subsequent or
supplemental EIR is necessary.
The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-1 (One Family
Dwelling) zone.
Based on the 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, and the mitigation measures proposed to address impacts on
biological resources, 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
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wildlife resources and, therefore, must be granted a "de minimis" exemption in
accordance with Section 711.4 of the State of California Fish and Game Code.
Additionally, the assumption of adverse effect is rebutted by the above-
referenced evidence and the conclusion of the Final Environmental Impact
Report that the implementation of the proposed mitigation measures would
reduce project and cumulative impacts on biological resources to a level that is
less than significant.
Responses to the February 28, 2005 Sierra Club letter are hereby incorporated
into the Negative Declaration by reference.
SECTION 1.
as follows:
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 appeal submitted by the Sierra Club is hereby denied.
3. The Negative Declaration is hereby approved and adopted.
4. 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. No. 104-08 marked Exhibit
"C" attached hereto and made a part hereof, and are more specifically described in attached
Exhibit "D" subject to the Conditions of Approval contained in Exhibit "A".
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 .........
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the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
.M..~..Y 1_ 1_ ?00~ by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNClLMEMBER
APPROVED
Mayor of the City of Bakersfield
PAMELA A. McCARTHY, C~(~
CITY CLERK and Ex Officid~'lerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
Exhibits:
A. Conditions of Approval
B. Location Map
C. Zone Map
D. Legal Description
LP/S:~Zone Change\04-1712\CC~ord
EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE #04-1712
PUBLIC WORKS
With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication
for Paladino Drive for ¼ width arterial standards, for the frontage and for Valley Lane to collector
standards and local standards from Patadino Drive to the water plant as directed by the City
Engineer. Submit a current title report with the dedications.
Prior to tentative approval of a development on or division of the site,
a. indicate easements or offers of dedication necessary to permit implementation of the study
such as major sewer line alignments and lift station sites, if any.
With development on or subdivision of the site,
a. Construct Paladino Ddve to City ~ width arterial standards along the frontage.
b. if each parcel is not being served by a municipal sewer system, then extend sewer service to
each parcel in the zone change area
Submit a comprehensive drainage study to be submitted to and approved by the City Engineer. Site
any drainage retention facility on the periphery of the GPA area to facilitate future expansion or
consolidation of drainage facilities as adjacent area develops. The study shall be approved and any
required retention site and necessary easements dedicated to the City. Provide an easement for the
ultimate retention basin site, along with necessary easements for the transportation of drainage water
to the site.
The entire area covered by this Zone change 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.
6. Development on the site shall be subject to the Traffic Impact Fee schedule in effect at the time the
tract map application is deemed complete.
Access to Paladino Drive shall be limited. Access to Paladino Drive shall be determined at time of
division or development. 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,
PLANNING
8. Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures should 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.
LP / S:~ZoneChange~O4-1712~EXH 1.doc ~,
April 29, 2005
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
· Use electdc equipment for construction whenever possible in lieu of fossil fuel-fired
equipment.
· Curtail construction dudng periods of high ambient pollutant concentrations; this may
include ceasing of construction activity during 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 VIII, Fugitive PM~o 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 stabilizedsuppressant, 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 stabilizedsuppressant.
· 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 stabilizedsuppressant.
· 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 tdps per day shall prevent carryout and trackout.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control Distdct
Rule 4641 and restdct 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 carryout/trackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVUAPCD Regulation VIII.
LP / S:~ZoneChange~O4-1712~_XH 1.doc
April 29, 2005
10. Biological Resources:
10.1.1
All construction personnel shall be trained in sensitive species identification and
avoidance techniques and be instructed to be on the lookout for kit fox signs during
earth disturbance phases of construction. Any evidence of such dens, should be
avoided and reported to the reviewing agencies for resolution.
10.1.2
Prior to recordation of a subdivision map, the developer shall conduct a preconstruction
survey within 60 days of initial ground disturbance in accordance with the provisions of
the MBHCP. Any identified kit fox dens shall be monitored, excavated and backfilled in
accordance with the recommendations of the MBHCP, the CDFG and the USFWS. In
accordance with CDFG recommendations, the preconstruction clearance survey should
be conducted on no more than 50-foot intervals if conducted during the BNLL survey
window.
10.1.3 The small population of Bakersfield Cactus found on-site shall be transplanted in
accordance with recommendations of USFWS and CDFG to a mutually agreeable site.
Mitigation measure as recommended in a Biological Report prepared by Paul Pruett and Associates,
dated July 2004
11. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall notify
the proper authorities and be subject to any mitigation measures required of the archeologist.
Mitigation measure as recommended in a Cultural Resources Survey performed by Hudlow Cultural
Resources, dated December 2004.
12. Paleontological Resources:
Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet, subdivider
shall:
12.1.1 Submit a map delineating the areas within 600 and 700 feet elevation of the subdivision
to be disturbed.
12.1.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set forth the
procedures to be followed dudng the monitoring program.
12.1.3
A full-time paleontological monitor that is trained and equipped to allow rapid removal
of fossils with minimal construction delay shall be on the project site
during ground disturbance activities within 600 and 700 feet elevation.
12.2.1
If fossils are found within an area being cleared or graded, earth-disturbing activities
shall be diverted elsewhere until the monitor has completed salvage of the fossils. If
construction personnel make the discovery, the grading contractor shall immediately
divert construction and call the monitor to the site for fossil salvage.
12.3.1
The project paleontologist shall prepare, identify and curate all recovered fossils. Upon
completion of grading, the project paleontologist shall prepare a summary report
documenting mitigation measures and results, with itemized inventory of collected
specimens. Paleontologist shall submit the report to the City of Bakersfield, and any
other appropriate agency, and transfer fossil collection to an appropriate depository.
LP / S:~oneChanget04-1712VEXH 1.doc
April 29, 2005
VOLUNTARY MITIGATION MEASURES PROPOSED BY APPLICANT:
The Developer may provide emissions offsets through participation in a voluntary emission
reduction program (VERP) through the San Joaquin Valley APCD. The VERP will require the
developer to enter into a binding agreement with the SJVAPCD that will require the SJVAPCD to:
· Review the air emission impact assessment protocol and quantification of emission
estimates attributable to the project.
· Acceptance of the estimated monetary value of the emission reductions to equal the
emissions from the project.
· Locate and implement the emissions reductions.
Certify that the emission reductions have been made to the lead agency and the
developer in the form of a certificate.
During the life of the project, if the City of Bakersfield adopts an emissions mitigation program that
provides equal or more effective mitigation than measures listed in this analysis, the developer
may choose to participate in the City's program to mitigate air quality impacts.
The purchase of Banked Emission Reduction Credits (ERCs) will fully offset the project. ERCs,
which have been approved by the SJVAPCD, are retained in the emission inventory for the air
basin. Purchase and surrender of ERCs removes them from this inventory, thus fully offsetting
the incremental increase to the emissions inventory from this project. Therefore, the emissions
inventory contained in the SiP and used for the AQAP will not increase as a result of the project
and the AQAP remains valid.
Should ERC$ not be available or deemed cost effective, the developer may provide offsets
through other means acceptable to the City Planning Department and approved by the
SJVAPCD.
Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be
utilized to provide applicable offsets for the proposed project.
LP / S:~ZoneChangelO4-1712tEXH 1.doc
April 29, 2005
EXHIBIT E
ZONE CHANGE 04-1712
ZONING MAP 104~08--
EXHIBIT D
(ZONE CHANGE LEGAL DESCRIPTION)
THOSE PORTIONS OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT DIABLO
BASELINE AND MERIDIAN DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTHEAST l/4 OF THE NORTHWEST 1/4 OF SAID SECTION 8; AND ALSO
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 8.
CONTAINING 80 ACRES, MORE ORE LESS.
PARCEL 2:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 8.
CONTAINING 40 ACRES, MORE OR LESS.
p:kPROJECTS\04099~LEGAI S\04099ZCLEGALdoc 12/22/04 BDM
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 12th day of May , 2005 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4255, passed by the
Bakersfield City Council at a meeting held on the 11th day of May, 2005 and entitled:
AN ORDINANCE UPHOLDING THE DECISION OF THE
PLANNING COMMISSION, DENYING THE APPEAL BY THE
SIERRA CLUB, ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 104-08)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
AND R-S 2.5A (RURAL SUBURBAN 2.5 ACRE) TO R-1 (ONE
FAMILY DWELLING) ON 120+ ACRES GENERALLY LOCATED
NORTH OF PALADINO DRIVE, EAST OF VALLEY LANE.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
DEPU'rf( City¢lerk
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