HomeMy WebLinkAboutORD NO 4290
ORDINANCE NO.
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AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 123-30) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM COUNTY A TO R-1 ON 76 ACRES,
GENERALLY LOCATED ON THE WEST SIDE OF OLD
RIVER ROAD, NORTH SIDE OF BERKSHIRE ROAD
(FUTURE), AND EAST SIDE OF MOUNTAIN VISTA DRIVE
(FUTURE), APPROXIMATELY 1,400 FEET SOUTH OF
PANAMA LANE (ZC NO. 05-0476).
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 on the west side of Old River
Road, north side of Berkshire Road (future), and east side of Mountain Vista Drive
(future), approximately 1,400 feet south of Panama Lane; and
WHEREAS, by Resolution No. 136-05 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. 05-0476 as delineated on
attached Zoning Map 123-30 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
County A to R-1 on 76 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 16, 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. 136-
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.
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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.
5. The proposed project, as shown on Exhibit "A," is consistent with
the Metropolitan Bakersfield General Plan.
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 123-30
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. 05-0476.
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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
nr:r. 1 4 7nn5 by the following vote:
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~ COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
, ~ COUNCILMEMBER '--1-,1" ,,^:s,.,,-.,.... .
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED DEC 1 4 2005
HARVEY L. HALL
Mayor of the City of Bakersfi
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~7n-~
Exhibit A - Zoning Map 123-30
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
PH - S:IGPA 3rd 2005105-04761Resolutions1CC ZC Ordinance.doc
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Exhibit A
Zoning Map 123-30
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Exhibit B
Zone Change Legal Description
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EXHIBIT "A"
FROM A TO R-I ON 76.14 ACRES
BEING IN THE COUNTY OF KERN, STATE OF CALIFORNIA AND BEING
PORTIONS OF LOTS 13, 14, 15 & 16 OF SALES MAP OF LANDS OF KERN
COUNTY LAND COMPANY SECTION 30, TOWNSHIP 30 SOUTH, RANGE 27
EAST, M.D.M. AS FILED JANUARY 22, 1892 IN THE RECORDER'S OFFICE OF
SAID COUNTY, AND BEING MORE P ARTlCULARL Y DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 30,
BEING ALSO THE NORTHWEST CORNER OF LOT 4 OF SAID SALES MAP;
THENCE SOUTH 00° 47' 49" WEST ALONG THE WEST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION AND THE WEST LINE OF SAID LOT
4 A DISTANCE OF 1321.31 FEET TO THE NORTHWEST CORNER OF SAID LOT
13;
THENCE SOUTH 89° 06' 17" EAST ALONG THE NORTH LINE OF SAID LOT 13 A
DISTANCE OF 30.00 FEET TO THE EAST RIGHT OF WAY LINE OF THE ROAD
DEDICATION AS SHOWN ON SAID SALES MAP AND THE POINT OF
BEGINNING;
(1) THENCE SOUTH 89° 06' I T' EAST ALONG THE NORTH LINE OF SAID LOTS
13,14,15 AND 16 A DISTANCE OF 2575.21 FEET TO A POINT LYING 30.00
FEET WEST OF EAST LINE OF SAID SECTION 30, SAID POINT IS ON THE
WEST RIGHT OF WAY OF OLD RIVER ROAD (COUNTY ROAD NO. 253);
(2) THENCE SOUTH 00° 33' 50" WEST ALONG SAID WEST RIGHT OF WAY
LINE AND PARALLEL WITH SAID EAST LINE A DISTANCE OF 1285.74
FEET TO THE NORTH RIGHT OF WAY LINE OF A 60 FOOT WIDE ROAD
RIGHT OF WAY BEING 30 FEET WIDE ON EACH SIDE OF THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION AS SHOWN ON SAID
SALES MAP;
(3) THENCE NORTH 89° 08' 53" WEST ALONG SAID RIGHT OF WAY LINE A
DISTANCE OF 2580.44 FEET TO THE EAST RIGHT OF WAY LINE OF THE 60
FOOT ROAD DEDICATION BEING 30 FEET WIDE ON EACH SIDE OF THE
WEST LINE OF THE NORTHEAST QUARTER OF SECTION AS SHOWN ON
SAID SALES MAP;
(4) THENCE NORTH 00° 47' 49" EAST ALONG SAID EAST RIGHT OF WAY
LINE A DISTANCE OF 1287.67 FEET TO THE POINT OF BEGINNING.
CONTAINING 76.14 ACRES MORE OR LESS.
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105502_100_ DESC _ OF ANTONGJOV ANNI 7(f+ ACRE FOR PLANNING_ REVISJON.IJOC
Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-0476
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. Construction Equipment Exhaust Mitigation Measures
The following 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 site.
· 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.
B. Fugitive Dust Emissions
Construction of the Project requires the implementation of control measures set forth
under SJVAPCD Regulation VIII, Fugitive PM10 Prohibitions of the SJVAPCD. The
following mitigation measures, in addition to those required under Regulation VIII can
reduce fugitive dust emissions associated with this Project:
· 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.
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Exhibit C
GPNZC No. 05-0476
Mitigation/Conditions of Approval
· 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 off-site, 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 accumulations 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 exceeds 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 SJVAPCD 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
construction site.
· Implementation of carryouUtrackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII.
2. With submission of the first Parcel Map, Tract Map, or Site Plan Review application for
any portion of the subject property, the applicant shall provide an updated air quality
impact study addressing the potential for the development of the entire subject property
to exceed the San Joaquin Valley Air Pollution Control District's Thresholds of
Significance for ozone precursors. The most recent version of URBEMIS that is
available at the time of application submission shall be utilized for this analysis. If the
proposed development is projected to exceed the District's Thresholds of Significance,
then the following conditions shall be met to the satisfaction of the Planning Director:
a. Prior to recordation of a final map or issuance of a building permit (whichever
occurs first), the subdivider shall select and implement one or a combination of
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Exhibit C
GPAlZC No. 05-0476
Mitigation/Conditions of Approval
the following measures and/or programs in order to reduce ROG and NOx
emissions to below the District's Thresholds of Significance for ozone precursors.
i. The subdivider shall fully construct a project or projects approved by the
City Public Works Department that will result in the reduction of emissions
as described in above. The improvements for said project must be
accepted by the Public Works Department prior to recordation the final
map. The project selected shall be a project that is not otherwise funded
or constructed with the subdivision. The subdivider is responsible for all
costs to determine the emission reductions associated with projects. This
documentation shall be submitted to the Planning Director and the Public
Works Director prior to approval of a project. The projects used for the
reduction in emissions may include one or more of the following types of
projects:
1. Construction of a new, warranted signal.
2. Modification of an existing signalized intersection to add additional
left turn storage or dedicated right turn capability.
3. Car crushing of older model cars.
4. Modification to stationary diesel engines, such as for agricultural
use.
5. Modification of fleet vehicles and/or other mobile sources.
ii. If one or more of these programs is selected by the subdivider, proof of
compliance with these measures must be provided to the satisfaction of
the Planning Director prior to recordation of a final map. Proof of
compliance may include documentation of the number, type and year of
cars crushed; location and type of engines modified, photo documentation
and quantification of emission reduction by Air Pollution Control District or
Air Quality consultant.
b. 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:
I. Review the air emission impact assessment protocol and quantification of
emission estimates attributable to the project.
Page 3 of 8
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Exhibit C
GPNZC No. 05-0476
Mitigation/Conditions of Approval
ii. Accept the estimated monetary value of the emission reductions to equal
the emissions from the project.
iii. Locate and implement the emission reductions.
iv. Certify that the emission reductions have been made to the lead agency
and the developer in the form of a certificate.
c. 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.
d. 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.
e. Should ERCs 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.
f. Fees paid to the SJVAPCD through an approved indirect source emissions fee
program may be utilized to provide applicable offsets for the proposed project.
Cultural Resources:
3. 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.
4. 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
Page 4 of 8
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Exhibit C
GPAlZC No. 05-0476
Mitigation/Conditions of Approval
which details the appropriate actions necessary for addressing the remains) and the local
Native American community shall be notified immediately.
Transportationrrraffic:
5. 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 Tables 7 & 8 of the project traffic study. An estimate and
fee schedule should be developed by the applicant and approved prior to recordation of
a map or issuance of a building permit. The following proportionate share contributions
shall be paid prior to the issuance of the first building permit:
a. Old River Road & Campus Park Drive: Add east left turn lane (striping only). The
project share shall be 5.76% of the cost of the above improvements.
b. Old River Road & Harris Road: Add east and west bound left turn lanes. The
project share shall be 4.38% of the cost of the above improvements.
c. Buena Vista Road & Panama Lane: Add north and south bound left turn lanes. The
project share shall be 2.58% of the cost of the above improvements.
d. Mountain Vista Road & Panama Lane: Add north and south bound left turn lanes.
The project share shall be 2.26% of the cost of the above improvements.
e. Gosford Road & Panama Lane: Add north bound left turn lane. The project share
shall be 3.72% of the cost of the above improvements.
f. Old River Road & Berkshire Road: Add east and west bound left turn lanes. The
project share shall be 7.34% of the cost of the above improvements.
g. Old River Road & McKee Road: Add east and west bound left turn lanes. The
project share shall be 5.62% of the cost of the above improvements.
h. Old River Road & Taft Highway: Add north bound left turn lane and north bound
through lane. The project share shall be 7.34% of the cost of the above
improvements.
i. Gosford Road, Panama Lane to Harris Road: Add 1 lane. The project share shall
be 6.82% of the cost of the above improvements.
Page 5 of 8
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Exhibit C
GPAlZC No. 05-0476
Mitigation/Conditions of Approval
j. Gosford Road, Harris Road to Pacheco Road: Add 3 lanes. The project share shall
be 6.82% of the cost of the above improvements.
6. Prior to the issuance of any building permit, the developer shall pay the applicable
Metropolitan Bakersfield Transportation Impact Fee to the satisfaction of the City of
Bakersfield Public Works Department.
Williamson Act Contract Cancellation Fee:
7. Prior to the recordation of a subdivision map creating parcels less than twenty acres in
size or the issuance of a building permit for any urban or non-agricultural uses on the
south half of Assessor Parcel Numbers 497-031-04 or 497-031-06, the
applicant/developer shall provide proof to the City of Bakersfield Planning Department
that the required Williamson Act Land Use Contract cancellation fee of $598,575, or as
calculated by the Kern County Assessor's Office, has been paid to the Kern County
Treasurer.
Public Works:
8. 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 Old River Road, to Arterial standards and
Berkshire Road and Mountain Vista Road to Collector standards, for the full
frontages of the area 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.
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Exhibit C
GPAlZC No. 05-0476
Mitigation/Conditions of Approval
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.
9. 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.
10. 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.
11. 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 GPAlZC area.
12. 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 or arterial road (depending on alignment) with a-foot 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.
City Attornev:
13. 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
Page 7 of a
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Exhibit C
GPNZC No. 05-0476
Mitigation/Conditions of Approval
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.
Page 8 of 8
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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. 4290 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 123-30)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM COUNTY A TO
R-1 ON 76 ACRES, GENERALLY LOCATED ON THE WEST
SIDE OF OLD RIVER ROAD, NORTH SIDE OF BERKSHIRE
ROAD (FUTURE), AND EAST SIDE OF MOUNTAIN VISTA
DRIVE (FUTURE), APPROXIMATELY 1,400 FEET SOUTH OF
PANAMA LANE (ZC NO. 05-0476)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council 0 the City of Bakersfield
17 /7'
By: fj/!
DEPUTY Cit lerk
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- r-
vORIGINAf