HomeMy WebLinkAboutORD NO 4294
ORDINANCE NO.
74294'
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17,06.020 (ZONING MAP 122-24)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A-20A TO R-1 ON
80 ACRES, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF SOUTH ALLEN ROAD (FUTURE) AND
PENSINGER ROAD (ZC NO. 05-0943).
WHEREAS, in accordance with the procedures 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 at the southeast corner of South Allen Road (future) and
Pensinger Road; and
WHEREAS, by Resolution No. 143-05 on September 15,2005, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-0943 as delineated on attached Zoning Map
122-24 marked Exhibit "A", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution and
restated herein; and
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-20A to R-1 on 80
acres, and the Council has considered said findings as restated herein and all appear to be true
and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
August 17, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family
residential development; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 143-05, adopted on
September 15, 2005:
1, All required public notices have been given,
2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the intial study and comments received, staff has determined
that the proposed project could not have a significant effect on the
environment. A Negative Declaration was prepared for the project in
accordance with CEQA.
4. The proposed project is consistent with surrounding uses.
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5.
The proposed project, as shown on Exhibit "A," is consistent with the
Metropolitan Bakersfield General Plan.
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6. The public necessity, general welfare and good planning practices justify
the requested zone change, as shown on Exhibit "A,"
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
purposes 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 State of California Fish and Game Code, Additionally the
assumption of adverse effect is rebutted by the above-referenced
absence of evidence in the record and the lead agency's decision to
prepare a Negative Declaration for this project.
8. The laws and regulations relating to the preparation and adoption of
Negative Declarations as set forth in CEQA, the State CEQA Guidelines,
and the City of Bakersfield CEQA Implementation Procedures, have been
duly followed by city staff and the Planning Commission.
SECTION 1,
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby 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 122-24 marked Exhibit "A" attached
hereto and made a part hereof, and are more specifically described in
attached Exhibit "B ".
4. Such zone change is hereby made subject to the "Mitigation/Conditions
of Approval" listed in attached Exhibit "C", subject to approval of GPA No.
05-0943.
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.
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ORIGINAL
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
nr:r. 1 A ,~ by the following vote:
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AB~TAIN:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER Î-\¡> ,,/\ ~<y, "
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PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED m::.c 1 4. 20Q13
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HARVEY L. AALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A - Zoning Map 122-24
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 122-24
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ZONING MAP 122-24 ¡:; Ó
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Exhibit B
Zone Change Legal Description
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EXHIBIT "An
PROPOSED ZONE CHANGE LEGAL DESCRIPTION
PROPOSED R-1 (FROM A)
THAT PORTION OF SECTION 24, TOWNSHIP 30 SOUTH, RANGE 26 EAST, MOUNT DIABLO
BASELINE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 24, SAID POINT ALSO BEING
THE CENTERLINE INTERSECTION OF SOUTH ALLEN ROAD AND PENSINGER ROAD, THENCE
ALONG THE FOLLOWING FOURTEEN (14) COURSES:
1) SOUTH 89'24'33" EAST, ALONG THE CENTERLINE OF PENSINGER ROAD, ALSO
BEING THE SOUTH LINE OF LOTS 9 THROUGH 14 OF THE SALES MAP OF LANDS
OF KERN COUNTY LAND COMPANY OF SAID SECTION 24, A DISTANCE OF 3968.28
FEET TO THE NORTHWEST CORNER OF LOT 18 OF SAID SALES MAP; THENCE
2) DEPARTING SAID CENTERLINE, SOUTH 00'54'19" WEST, ALONG THE WEST LINE
OF SAID LOT 18, A DISTANCE OF 1,320.25 FEET TO THE NORTHEAST CORNER OF
LOT 30 OF SAID SALES MAP; THENCE
3) NORTH 89'24'49" WEST, ALONG THE NORTH LINE OF LOTS 29 AND 30 OF SAID
SALES MAP, A DISTANCE OF 1320,06 FEET; THENCE
4) DEPARTING SAID NORTH LINE, NORTH 00'53'52" EAST, A DISTANCE OF 712.34
FEET; THENCE
5) NORTH 89'06'08" WEST, A DISTANCE OF 48,00 FEET; THENCE
6) NORTH 00'53'52" EAST, A DISTANCE OF 2.74 FEET; THENCE
7) NORTH 89'24'33" WEST, A DISTANCE OF 110,78 FEET; THENCE
8) SOUTH 00'35'27" WEST, A DISTANCE OF 5.00 FEET; THENCE
9) NORTH 89'24'33" WEST, A DISTANCE OF 1890.00 FEET; THENCE
10) SOUTH 00'16'32" WEST, A DISTANCE OF 410.08 FEET; THENCE
11) NORTH 89'24'06" WEST, A DISTANCE OF 196,04 FEET; THENCE
12) NORTH 00'35'27" EAST, A DISTANCE OF 29B.10 FEET; THENCE
13) NORTH 89'04'11" WEST, A DISTANCE OF 406,52 FEET TO THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 24, SAID POINT ALSO BEING ON THE
CENTERLINE OF SOUTH ALLEN ROAD; THENCE
14) NORTH 00'55'49" EAST, ALONG SAID WEST LINE AND SAID CENTERLINE, A
DISTANCE OF 719.55 FEET TO THE POINT OF BEGINNING.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield. CA 93309
(661) 834-4814
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CONTAINING 79.95 ACRES, MORE OR LESS.
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0943
Air Qualitv
1. To ensure that Project emissions are minimized, the following measures have either
been applied to the Project through the URBEMIS Model or will be implemented in
conjunction with the San Joaquin Valley Air Pollution Control District (SJVAPCD) rules,
The applicant/developer of the Project site shall submit documentation to the
Planning Department prior to issuance of any building permit that they will/have
met the following mitigation measures:
A. PM10 Mitigation Measures
As the Project will be completed in compliance with SJVAPCD Regulation VIII, dust
control measures will be taken to ensure compliance specifically during grading and
construction phases. The mitigation measures to be taken are as follows:
· 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 on-site unpaved roads and off-site 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 and
fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
· With the demolition of buildings up to six stories in height, all exterior surfaces of
the building shall be wetted during demolition,
· When materials are transported off-site, all material shall be covered, and
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 to 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.
· With urban area, track out shall be immediately removed when it extends 50 or
more feet from the site and at the end of each workday,
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Exhibit C
GPAlZC No. 05-0943
Mitigation/Conditions of Approval
· Any construction site with 150 or more vehicle trips per day shall prevent carryout
and track-out.
· Cease grading activities during periods of high winds where entrainment of dust
will exceed the SJVAPCD 20% opacity requirement.
Enhanced and Additional Control Measures for Construction Emissions of PM-10
· Limit traffic speeds on unpaved road to 15 mph; and
· Install sandbags or other erosion control measures to prevent silt runoff to public
roadways from sites with a slope greater than one percent.
· Track out will be prevent by one of the following:
· A Grizzly with rails, pipes, or grates to dislodge debris off of exiting
vehicles,
· A layer of washed gravel at one inch or larger in diameter, three inches
deep,
· Extension of paved road at least 100 feet from publicly maintained road, or
· Installation of a wheel washer;
· Install wind breaks at windward side(s) of construction areas;
· Suspend excavation and grading activity when winds exceed 20 mph (regardless
of wind speed, an owner/operator must comply with Regulation VIII's 20 percent
opacity limitation); and
· Limit area subject to excavation, grading, and other construction activity at any
one time,
B. Construction Equipment Mitigation Measures:
· Limit idling to no more than 20 minutes at a time,
· All construction equipment shall be maintained to manufacturers' specifications.
· Where possible electric equipment shall be used in lieu of diesel or gas powered
equipment.
· Encourage employees at the construction sites to carpool to and from work as
well as during established lunch hours,
C. Design Features Mitigation Measures
These mitigation measures are based upon those available in the URBEMIS 2002
emissions modeling program, These measures provide emission reductions for the
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Exhibit C
GPAlZC No. 05-0943
Mitigation/Conditions of Approval
proposed Project's long term emissions (reductions once the Project has been
completed):
. The developer will provide:
· Adequate street lighting,
· Sidewalks and/or pedestrian paths and pedestrian signs and signalization
where appropriate.
· Pedestrian safety designslinfrastructures shall be provided at crossings.
· Transit shelters and/or benches, turnouts, signs, and displays shall be
provided as needed,
Cultural Resources:
2. If cultural resources are encountered during construction, a qualified archaeologist shall be
retained by the developer to evaluate the significance of the resources and to formulate a
mitigation program if necessary. The archaeologist shall coordinate with the City of
Bakersfield Planning Department.
3. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050,5 of the California Health and Safety Code. If human
remains are identified on the site at any time, work shall stop at the location of the find and
the Kern County Coroner shall be notified immediately (Section 7050,5 of the California
Health and Safety Code and Section 5097,98 of the California Public Resources Code
which details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately,
Hazards and Hazardous Materials
4. With the submittal of tentative subdivision map applications for areas containing oilfield
equipment and facilities and/or soils discolored by oil or fuel (as identified in the Phase I
Environmental Site Assessment (ESA) prepared for the project site, Mcintosh &
Associates, July 2005), the applicant shall submit Phase II ESA's, The Phase II ESA's
shall contain soils sampling results verifying the presence or absence of hazardous
materials to the satisfaction of the City of Bakersfield Fire Department (Prevention
Services Division). In the event hazardous materials are present, a Remediation Plan
shall be submitted together with the tentative subdivision map application to the
satisfaction of the City of Bakersfield Fire Department (Prevention Services Division),
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Exhibit C
GPAlZC No, 05-0943
Mitigation/Conditions of Approval
T ra nSDortationlT raffic
5. Prior to the issuance of any building permit, the developer shall pay the applicable
Regional Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield
Public Works Department.
6. Pay the proportionate share of the following mitigation measures (not paid for by the
Regional Transportation Impact Fee nor included with normal development
improvements) as indicated in the project traffic study (TPG Consulting Incorporated,
June 2005). An estimate and fee schedule should be developed by the applicant and
approved prior to recordation of a map or issuance of the first building permit. The
following proportionate share contributions shall be paid prior to the issuance of the first
building permit:
a. Old River Road & Stockdale Highway: Restripe and widen to provide 3 left turn
lanes, 4 through lanes and 1 right turn lane on the west bound approach. The
project share shall be 2,21 % of the cost of the above improvements.
b, Ming Avenue & Buena Vista Road: Restripe and widen to provide 2 left turn lanes, 4
through lanes, and 1 right turn lane on the east bound approach; 2 left turn lanes, 4
through lanes, and 1 right turn lane on the west bound approach; 2 left turn lanes, 4
through lanes, and 1 right turn lane on the north bound approach; 2 left turn lanes, 4
through lanes, and 1 right turn lane on the south bound approach, The project share
shall be 2.63% of the cost of the above improvements.
c. Buena Vista Road & Chamber Boulevard: Install traffic signal. The project share
shall be 8.1 % of the cost of this improvement.
Note: These mitigation measures go beyond current standards, Alternate forms of
mitigation may be considered when needed at the 2025 study horizon. The above fees
would contribute toward that future mitigation,
Public Works:
7. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
a. Provide fully executed dedication for Allen Road to Arterial standards and Pensinger
Road and Windermere Street to Collector standards, for the full frontages of the area
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Exhibit C
GPAlZC No, 05-0943
Mitigation/Conditions of Approval
within the GPAlZC area. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City Engineer.
Submit a current title report with the dedication documents. If a tentative subdivision
map over the entire GPAlZC area is submitted, dedication can be provided with the
map,
b. A comprehensive drainage study is to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPAlZC 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. The City will allow no more than one
publicly-maintained sump per 80 acres. Provide an easement for the ultimate
retention basin site, along with necessary easements for the transportation of
drainage water to the site.
c. Submit verification to the City Engineer of the existing sewer system's capability to
accept the additional flows to be generated through development under the new land
use and zoning,
8. Payment of median fees for the arterial frontage of the property within the GPAlZC area
will be required upon development. These fees may be paid prior to recordation of any
map or approval of improvement plans.
9 Access to the arterial and collector streets will be limited and 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. A full access
opening will only be considered if the developer funds and installs a traffic signal at the
site entrance. Said signal will only be permitted if a signal synchronization study is
submitted and approved, which shows progression is not adversely affected,
10. 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
Consolidated 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 the GPA/ZC area,
11. With the development 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-foot graded shoulders. If it becomes necessary to
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Exhibit C
GPNZC No. 05-0943
Mitigation/Conditions of Approval
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,
12. The Developer will be responsible for their proportionate share of the cost of the Buena
Vista Canal crossings at Panama Lane and Windermere Street.
13. The Panama Lane, Pensinger Road and Windermere Street crossings of the Buena
Vista Canal need widening, Developer shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings.
City Attornev:
14. In 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, and/or property owner and/or 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 the Applicant and the City is not obligated to
use any law firm or attorney chosen by another entity or party,
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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 15th day of December ,2005 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No, 4294 passed by
the Bakersfield City Council at a meeting held on the 14th day of December, 2005
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 122-24)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A-20A TO R-1 ON
80 ACRES, GENERALLY LOCATED AT THE SOUTHEAST
CORNER OF SOUTH ALLEN ROAD (FUTURE) AND
PENSINGER ROAD (ZC NO. 05-0943)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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By:
DEPU Y C' Y Clerk
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