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Home My WebLink AboutORD NO 4257 ORDINANCE NO. ,"2 5 '7 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 122-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A(20)A (AGRICULTURE 20 ACRE MINIMUM LOT SIZE) TO R-1 (ONE-FAMILY DWELLING) ON 30 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF PENSINGER ROAD APPROXIMATELY 1,980 FEET WEST OF BUENA VISTA ROAD AND APPROXIMATELY 1,980 FEET EAST OF ALLEN ROAD (EXTENDED). (ZC 04-1745) WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of the Municipa' 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 Bakersfie'd located along the north side of Pensinger Road approximately 1,980 feet west of Buena Vista Road and approximately 1,980 feet east of Allen Road (Extended); and WHEREAS, by Resolution No. 29-05 on March 17,2005, 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 B 1, 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(20)A (Agriculture 20 Acre Minimum Lot Size) 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 February 24, 2005, in accordance with CEQA; and WHEREAS, the genera' plan designation for this area allows urban development; 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. 3. Mitigation Measures shown on Exhibit No. B 2 are included in the project to ameliorate impacts. 4. The proposed project is consistent with the surrounding land uses. 1 X 'òA/(~1' o ~ >- - I;:. P2 ¡)Ð"'6'~III-<::> 5. The proposed project is consistent with the Metropolitan Bakersfield General Plan. 6. The public necessity, general welfare and good planning practices justify the amendment to Title Seventeen of the Municipal Code and Zoning Map No, 122-24. 7. 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 No. 122-24 marked Exhibit B 1 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 2, subject to approval of GPA 01-1745. 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 ~ 'òþ..Kê~ o ~ :>- - I- m - ,... Q (:) ORIGINAL I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfie'd at a regular meeting thereof held on MAY 2 5 2005 by the following vote: ~ NOES: ABSTAIN: ABSENT: .r v ý't/,/.---__ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER PAMELA A. McCARTHY, CMC CITY CLERK and Ex Officio Clerk Council of the City of Bakersfield APPROVED MAY 2 5 2005 HARVEY L. HALL Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney By: ~f11-"~ Exhibits (Attached): B1 ZC Map B2 Mitigation/Conditions B3 Legal Description S:\GPA 4th 2004\CC ZC Ord MadeLDOC 3 x 'òA/(ê-? o ~ >- - I- m - t- a (;;) OR'G'NAL ... m .... - m - ::J: >< W ~~ . " N N go. "'« .. - ~ ~::E," '" " ~C> ...2 0-.... Z'" "00 5NI:! il :1.1 :,f~ 52¥! ffil ~~ ~ I :' ~II :. ~ ~ t . 4, -- I Ii-- I - Ii - :' ~§ , ¡¡ I.I~II ~ I ¡ r~ a; ~ ! Iii i ¡ . Iltll~l¡j!ii!II!= ~I! a. 1111: ~ Ilbllit~;~=~:M¡!~IUU 1111 UI"H.:I 10 ;. 1',.," "¡·"IJ'I ¡tClt~ Ii ~ '¡~"~,i:~s'tt~~ ~~ 1'lh,12!1 .!~~i ~i~ 'B c······i u. I,,·,¡-¡ut 00. . ~ dll!i~l ~m!h ~I g!i hi 1M iHUt:n Is , I I i 'I.- & II.. '"" I 'I~ ~. i.1 !.~ I I§i ·1, (,a s_t I " <" ë i 'ri' 1ft, b"j , I . §F . I læi ¡ . . II I J-" . ~" g~~; 'f . i.¡IO t ~ !¡ ~!!i i V.¡ . '1:'" ¡ ~., r, ~~" ~. a;' . ' ., a. i. ~ O_H~~_~ !. ~~ tt ¡z¡:: z :=~.:..:..:.~!...ør.;..~'o,¡:~~,,::; ~ I ZONE CHANGE 04-1745 ~~" ... N$ .... ~ ~. I it 2 :!!:~ ¡;¡ai: 4: ~. __n____ ___h_ I I I I ~ ..t i J.t I n .~ II . !II ~& ~ 'òAK ."" ij§ ¡(;) >- '::: a ZONING MAP 122-24 EXHIBIT B 2 GPAlZC 04·1745 MITIGATION MEASURES Cultura' 1. Upon discovery of any cultural remains are discovered, work in the area of discovery should be stopped until the finds can be evaluated and that impacts to significant cultural resources should be mitigated prior to the resumption of development. The survey also recommends that cu'tural clearance be given to the project. Air Qualitv The proposed project will have air pollutant 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 Construction Equipment Exhaust Prior to the issuance of any building permit the developer shall submit to the Planning Department a written guarantee stating that during the construction phase all construction equipment in use on the subject site and on the way to and from the subject site shall comply with the following construction equipment exhaust mitigation measures; the following mitigation measures shall 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. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in 'ieu of fossil fue'- fired equipment. · Curtail construction during 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 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: X 'òAK~?> o ~ >- - t- m _ T- Q (:) OR'GINAL GPAJZC 04-1745 Mitigation Measures Page 2 · 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 stabi , izer/su ppressa nt. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and 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 effective'y stabilized of fU9itive dust emissions utilizing sufficient water or chemical sta bi , izer/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. · Aspha't-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emu'sified aspha't 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 carryoutttrackout mitigation measures, such as gravel pads, in accordance with the requirements of the SJV APCD Regulation VIII. '< ~M~1' o ~ >- - m ~ f; OR'GINAL -- ._--..------_..._~.- GPAlZC 04-1745 Mitigation Measures Page 3 Traffic The project shall pay the proportionate share for the local mitigation improvements identified in Table 7 and participate in the RTIF according to the standard per-lot rate for residential development. Improvements which are needed by the year 2025 to maintain or improve the operationa' level of service of the street system in the vicinity of the project are shown in Table 7. 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 all non-RTIF (local mitigation) improvements. Table 7 Future Improvements and Local Mitigation Total Improvements Local Mitigation Project # Intersection Required by 2025 (Improvements Share for not covered by Local RTIF) Mitiqation 1 Buena Vista Rd & 1 SBL " Reconfigure WBR White Ln to permitted overlap 1 SBL1 1.59% (2.77%) 2 Buena Vista Rd & Install Signal - 2.46% Campus Park Dr 1 EBL, 1 WBL1 1 EBL, 1 WBL' (3.66%) 3 Buena Vista Rd & Install Signal-1 EBL, 1 3.23% Pacheco Rd WBL, 1 NBL, 1 SBL 1 WBL (4.52%) 4 Allen Rd & Install Signal-1 EBL, 1 1.88% Pensinqer Rd WBL, 1 NBL, 1 SBL 1 EBL, 1 WBL (1.88%) 5 Barlow Rd & Install Signal-1 EBL, 1 1 EBL, 1 WBL¿ 16.22% Pensinqer Rd WBL, 1 NBL, 1 SBL 1 NBL, 1 SBL2 (16.22%) 6 Buena Vista Rd & Install Signal-1 EBL, 1 5.65% Harris Rd WBL\ 1 NBL\ 1 EBL, 1 WBL1 (7.81%) 1 SBL 7 Barlow Rd & 'nstall Signal - 1 EBL, 1 1.07% Panama Ln EBT,1 WBL, 1 WBT, 1 1 NBL, 1 SBL (1.07%) WBR, 1 NBL, 1 SBL 8 Buena Vista Rd & Install Signal - 1 EBL, 1 Panama Ln EBT,1 WBL, 1 WBT, 1 WBR, 1 NBL. 1 NBT, 1 SBL Notes: 1 Striping on'y 2 'nc'uded in frontage improvements for project (%) = Caltrans Percent Share Ca'cu'ation NB = Northbound SB = Southbound WB = Westbound EB = Eastbound L = Left-Turn Lane T = Through Lane R = Right-Turn Lane X 'òAKt1' o iP >- "" r- ¡¡; - ,.... <':>ORIGINAf> GPAlZC 04-1745 Mitigation Measures Page 4 Public Works 1. Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, provide dedication for the full half width of Pensinger Road and the full width of Windermere Street as a collector for the entire project area frontage. If a tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided with the map. 2. Access to the project area from Buena Vista is provided by a 5ub-standard road. With the deve'opment of the project area, approved, improved access to the site must be provided. The required improvements shall be 32 feet of paving meeting City design standards for a collector road, with 8' graded shoulders. If it becomes necessary to obtain any off site right of way and if the developer is unable to obtain the required right of way, then he shall pay to the City the up-front costs for eminent domain proceedings and enter into an agreement and post security for the purchase and improvement of said right of way. 3. The Pensinger Road crossing of the Buena Vista Canal needs to be widened. Developer shall aid in the formation of a Major Road and Thoroughfare District for the widening of the crossing. 4. Sewer service must be provided to the GPAlZC area. The developer shall be responsib'e for the initial extension of the sewer line to serve the property. This sewer line must necessari'y be sized to serve a much larger area that the project area. The City is willing to aid the developer in the formation of a Planned Sewer Area and/or an Assessment District to provide a mechanism for the reimbursement of oversizing costs to the developer. 5. For storm drainage, only 1 sump will be allowed to serve the entire GPAlZC area. This sump must be located on the periphery of the GPAlZC area so that additional area may be served. The City's policy is no more than one sump per 80 acres of residential development. The developer shall cooperate in the fOmlation of a Planned Drainage Area over the north half of the section. 6. Upon submission of the first development, tentative tract, or minor land division for any of the project area, the developer shall submit for review and approval both a drainage study and a sewer study covering the entire GPAlZC area. 7. 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. 8. Local Traffic Mitigation: Pay the proportionate share of the following mitigation measures (not paid for by the Regional Transportation Impact Fee - RTIF nor inc'uded with normal deve'opment improvements) as indicated in Table 7 of the traffic study. An estimate and fee schedule should be developed by the app'icant and approved prior to recordation of a map or issuance of a building permit. a. Buena Vista Road and White Lane - add south1 bound left turn lane, 2.77% share X 'òA/(~1' o <!;, >- - I- IT! - I"- a <::> OR'GINAL -~--_._- GPA/ZC 04-1745 Mitigation Measures Page 5 a. Buena Vista Road and Campus Park Drive - add east and wesf bound left turn lanes, 3.66% share b. Buena Vista Road and Pacheco Road - add west bound left turn lane, 4.52% share c. Allen Road and Pensinger Road - add east and west bound left turn lanes, 1.88% share d. Barlow Road and Pensinger Road - add north, east, south3 and west" bound left turn lanes, 16.22% share e. Buena Vista Road and Harris Road - add east and west' bound left turn 'anes, 7.81% share f. Buena Vista Road and Panama Lane - add north and south bound left turn lanes, 1.07% share 9. Regional Transportation Impact Fee: Pay the standard residential fee, as adopted at time of development. I Striping Only I Striping Only I Included in fÌ'ontage improvements 1 Included in frontage improvements S:\GPA 1st 2005\04-1745\Env Doc\Exhibit B 2 Mitigation.doc -"-'- .- -..- ...~,...~.-----~--_.~---~- '< 'òA/(~1> o iP .>- -n r- fñ - T- ùnRIGINAE' EXHIBIT B 3 ZONE CHANGE 04-1745 LEGAL DESCRIPTION Real Property in the City of Bakersfield, County of Kern, State of California, described as follows: PARCEL 1: LOT 12 IN SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.B.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THAT CERTAIN MAP OF SAID SECTION ENTITLED SALES MAP OF THE LANDS OF KERN COUNTY LAND COMPANY, DATED AUGUST 26,1892, AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 27,1892. PARCEL 2: LOT 13 IN SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26 EAST, M.D.B.M. IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER THAT CERTAIN MAP OF SAID SECTION ENTITLED SALES MAP OF THE LANDS OF KERN COUNTY LAND COMPANY, DATED AUGUST 26,1892, AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 27,1892. APN: 524-170-05-04 pef!if!tl ~p;'e' 9106) 1"t-/7 -ó c..f Date '< ~AI(~1' o iP >- ~ r::: !E o 0RIGINAf> 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 26th day of May, 2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4257 , passed by the Bakersfield City Council at a meeting held on the 25th day of May. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 122-24) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A(20)A (AGRICULTURE 20 ACRE MINIMUM LOT SIZE) TO R-1 (ONE-FAMILY DWELLING) ON 30 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF PENSINGER ROAD APPROXIMATELY 1,980 FEET WEST OF BUENA VISTA ROAD AND APPROXIMATELY 1,980 FEET EAST OF ALLEN ROAD (EXTENDED) (ZC 04-1745) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield , BY:~ DEPU City lerk S:\DOCUMENnFORMSIAOP .0RD.wpd ''¿¡hh 'x . 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