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Home My WebLink AboutORD NO 4263 ORDINANCE NO. ~. '26 s AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM FROM AN A (AGRICULTURE) ZONE TO AN E (ESTATE) ON 98.7± ACRES; LOCATED ON THE SOUTHEAST CORNER OF CALLOWAY DRIVE AND ETCHART ROAD. (FILE #05-0221) 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 on the southeast corner of Calloway Drive and Etchart Road (as shown on attached Exhibit "B"), WHEREAS, by Resolution No. 68-05 on June 2, 2005 the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to approve Zone Change 05-0221 as delineated on attached Zoning Map No, 102-05 marked Exhibit "C", 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 ~eral and specific findings of fact which warranted changes in zoning of the subject property fròtn an A (Agriculture) zone to an E (Estate) zone on 98,7± acres 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 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, 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 April 29, 2005, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows for suburban residential uses, with which the E (Estate) zone is consistent; 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 (CEQA) have been followed. 3. Mitigation measures relating to air quality and cultural resources have been incorporated into the project, and the project will not have a significant impact on the environment. 1 X 'òMt:". C) tJ >.. " I- ñ - ,... tJ ~ ORIGINAl' 3. The public necessity, general welfare and good zoning practice justify the requested change of zone from the existing zoning district to an E (Estate) zone. 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 adopted. 3. Such zone change shall be subject to the conditions of approval attached as "Exhibit A". 4. Such zone change is shown on the vicinity map attached as "Exhibit B". 5. 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, 102-06 marked Exhibit "C" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "D " 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, 2 X 'òM~~ () ~ >- ~ I- m - ,... L> e;, ORIGINAL __~.., ··_,___._..-m__'_._____ ..___._._____,_. _' <.,,____..-~.._._~_.___._.m _________ ---------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 AUG 1 7 ?nns by the following vote: ~ NOES: ABSTAIN: ABSENT: v a...---- v--~ v- ¡,...--- ~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ f; PAMELA A. McCARTHY, C CITY CLERK and Ex OfficIo Clerk of the Council of the City of Bakersfield APPROVED AUG 1 7 2005 HARVEY 1.:. HALL Mayor of the City of Baker APPROVED as to form VIRGINIA GENNARO City Attorney By: (J/j(A£ (n, ~ Attachments: EXHIBIT "A" - Conditions of Approval. EXHIBIT "B" - Vicinity Map, EXHIBIT "C" - Zone Map, RXHIBIT "D" - Legal Description. LP/S:\ZoneChange\05-0221\CC\Ord-CC.DOC 3 '< 'òÀk$-» o % :>- - ..... m - t- o 0 0RIGINAL EXHIBIT "A" CONDITIONS OF APPROVAL ZONE CHANGE #05-0221 PUBLIC WORKS 1. With submittal of a land division or Lot Line Adjustment application, provide fully executed dedication for Snow Road, Etchart Road and Calloway Drive for Y. width arterial and collector standards, for the frontage of the subject property including expanded intersections and additional landscaping as directed by the City Engineer. Submit a current title report with the dedications, The alignment of Etchart Road may deviate from the mid section line so that the road, when fully developed, will match the existing public access easement on the north side of the mid section line. This revised alignment must meet all City standards. Unless the developer has the permission of the property owner to the east of this Zone Change to continue the realigned roadway into their property, the developer shall bring the alignment of Etchart Road back to mid section line by the east boundary of this Zone Change. 2. Prior to tentative approval of a development on or division of the site, a. If each parcel in the site is not currently served by a municipal sewer system, then submit to the City Engineer for review and approval a sewer study to show how municipal sewer service will be provided to the entire site. This site is served by North of the River Sewer System. The applicant shall follow all requirements of NOR. b. 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. 3. With development on or any division of the site, a. Construct Snow Road, Etchart Road and Calloway Drive to City Y. width arterial and collector standards along the frontage. b. If the canal along Etchart Road is within the southern half of the right of way, it shall be relocated outside of the right of way and landscaping easements. c. If the canal along Snow Road is within the northern half of the right of way, it shall be relocated outside of the right of way and landscaping easements. d. if each parcel is not being served by a municipal sewer system, then extend sewer service to each parcel in the zone change area 4. 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. 5. The entire area covered by this General Plan Amendment shall be included in the Consolidated Maintenance District. The applicanl shall pay all fees for inclusion in the Consolidale 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 of issuance of building permits. LP / S:IZoneChange\05-0221ICCIEXH A. doc June 26, 2005 ~ 'Q Mf1' C) ~ >- - I- m _ t- .;} c::, 0RIGINAl 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. · Encourage ride sharing and use of transit transportation for construction employee commuting to the project sites. · Use electric equipment for construction whenever possible in lieu of fossil fuel-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, 9. Mitigation Measures for Fugitive Dust Emissions Construction of the project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM1Q 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. LP / S:IZoneChangeI05.{)221ICCIEXH A.doc June 26, 2005 x ~Þ.K"-9 o ~ >- - t::: ~ C> <::> ORIGINAL -~-"---_. ~_.__..-._,.,,,._, ,.,. -_.-,,, -.......--.-..-.- --,-*-._. -----". -~-,-~._-- · 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 carryoulltrackout mitigation measures, such as gravel pads, in accordance with the requirements of SJVUAPCD Regulation VIII. 10. If during construction activities or ground disturbance, cultural resources are uncovered, the subdivider shall stop work and retain a qualified archeologisl for further study. Subdivider shall nolify the proper authorities and be subject to any mitigation measures required of the archeologist. Mitigation measure as recommended in an Archaeological Clearance letter from the Archaeological Inventory at Cal State Bakersfield, dated October 2004. CITY ATTORNEY 11.ln consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, andlor property owner andlor subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein) against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of Ihe Applicanl and Ihe Cily is nol obligaled 10 use any law firm or attorney chosen by anolher enlily or party. LP / S:IZoneChange\05-0221ICCIEXH A.dO(; June 26, 2005 '< 'ò Mf1' () ~ >- - I- "' _ t- (,) C) 0RIGINAI ~l, H' [[1. jj ~ § ~ ~§ -] "!I (J)-g : ~ ] "rcï= tr~ ~ < ,.¡ <? 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'&'0... ....... ~¡~'34.:..::t~~o-8;)..~~~~ßji~z..c'::&..:>::> ,.;t .~ ;;;~ ~~= );:11:;.....0..2 u... c!:!'2?,,_::;:;"'ëë::""1< g '" ~ JI: Z ~ ~': e.:; _. ~.. : ~ ~ ~:II ;¡).:; ~ ~i:l; ~;!. =.... ~ ~; ...... ~;~I~~.~~i!i~~~;~I¡i~!~~,~~~~~~~~!g~~~i ..~.. .. o"'_..J_~_oLl:""'_U....,......~..:f....,-,¡:......",-_a~S . o ..: ;!. \! ,;.,;...- ....iÌocr <> <> - ... ... <> ~ ... ~ ::; .. ':" ~:vv~ú~~iS~..c~~1o~~~~'~~ ¡ , ~ ...f": , d 'i· ., ,,- f";l ~=o ¡ I!; 'I' ¡'" -,! Iii , .:¡ ':T" ..~':: <:J :~i tt., :.;~ ..::I," ì i !~I d'" ," ,'- . ¡¡;:::.. . ~;~ I ':'t~ . :>" ;~:..~ ..~:); H~ ;~j . .1}- f!>'· ~ i .;2: n~" ..,.' I ~~~- -:¡..} :,:J) .t';, f'''~V <I "6-. ~~'!~ 0> ~¥ .-11.' ~ ~t.,...: - ~ qr (0 ¡;ì~ ¡~!~ :<~~: . :.,ot, :;:1;'::". . 1a>' I"' ~~,:J:' '" '~'~ "' '¡;!~::.-:; ZONE CHANGE 05-0221 ~.. " , , , ':' \, A'I' tf'". ~"~J.,.j",' .. ...~~. ~?J;'i~ , tJt '>;-~t;~' ~ ./,/ ::... ", - ZtJl <I.", ..S ~ ~ 0 ;; > , " o · · o z · r::~: / ., ~ I I I "0'01 < I , ! ; o' .' 0' .' ""00 < < , ------- --------_--./ · 0 .. -- · ; " 'JIIO. · ~ " ~ ~ .. " " w '" . . .. ~ 0 0 I- : « ·o""",'\)/ . 0 . --~/ ~/// / / . ; . . J.~ ~otJ^W r---' I I I < I I I < n"ÇlH .~" -& a.,,"o ,...0""-:' ZONtNG MAP 102-05 !< ~I\/(t-? C) ~ >- - I- 11' - t- O 1::1 ORIGINAl EXHIBIT 0 LEGAL DESCPTION PROPOSED ZONE: E (es/a/e) Being all of Lots of20Y2, 21, 22, 23, 24 and 29 west of the wesl righl of way of the McCord Canal of Sales Map of Lands Kern County Land Company, recorded May 2, 1894, in the office of the Kern County recorder; also being a portion of1he SouthY2 of Section 5, Township 29 South, Range 27 East, M.D.M. & M., in thc County of Kern, State of California. Contains: 98.7 Acres I'r.64I91ZC/LgI Dcsc X ~Mt1- C) ó., :>- I-- P- o (:, 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 18th day of Auaust ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No, 4263 , passed by the Bakersfield City Council at a meeting held on the 17th day of Auaust. 2005 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17,06,020 (ZONE MAP NO, 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM AN A (AGRICULTURE) ZONE TO AN E (ESTATE) ON 98.7± ACRES; LOCATED ON THE SOUTHEAST CORNER OF CALLOWAY DRIVE AND ETCHART ROAD (FILE #05- 0221) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~ ¡MÞ DE TY y Clerk S:\DOCUMENlìFORMSIAOP.ORD.wpd x~M(-,> () ú "'- ~ 0-- , õ f ORGI~'"