HomeMy WebLinkAboutORD NO 4298
ORDINANCE NO.
1298
AN ORDINANCE 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 AN A (AGRICULTURE)
ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 39.09
ACRES GENERALLY LOCATED AT THE NORTHWEST
CORNER OF VALLEY LANE AND BELLA DRIVE, (FILE # 05-
0531).
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 at the northwest comer of Valley Lane and Bella Drive, and as
hereinafter described and as set forth and designated upon Zoning Map No. 104-08 (Exhibit
"B") incorporated within and made part of Title Seventeen of the Bakersfield Municipal Code,
more thoroughly described in attached Exhibit "C"; and
WHEREAS, by Resolution No. 160-05 on October 20,2005 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-0531 as delineated on attached Zoning Map
No. 104-08 marked Exhibit "B". 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 negative declaration of
environmental impact and changes in zoning of the subject property from an A (Agricultural)
zone to an R-1 (One Family Dwelling) zone 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, a Negative Declaration was advertised and posted on September
29, 2005, in accordance with CEQA; and
WHEREAS, the LR (Low Density Residential) general plan designation for this
area allows residential 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 (CEQA) have
been followed,
3. The public necessity, general welfare and good zoning practice justify the ,,'0"^ (,?,
requested change of zone from the existing zoning district to an R-1 zone. '::' ,!~.
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4. The proposed zone change is consistent with the LR (Low Density
Residential) Land Use designation of the Metropolitan General Plan for
the subject site.
5. The project, as conditioned, is consistent with the goals and policies of all
elements of the general plan.
6. The conditions of approval, attached hereto as Exhibit "1" are needed to
provide for orderly development, and the public health, welfare and
safety; and
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
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.
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 ofthe 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.1 04-08
marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit "C ".
4. Such zone change is hereby made subject to the conditions of approval
listed in attached 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.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
the Council of -¡hE!' City of Bakersfield at a regular meeting thereof held on
JAN 11 roœ by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARO, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, C¡yI
CITY CLERK and Ex Officio blerk of the
Council of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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By: WJeA1/ m, ~
Exhibits:
A. Conditions.
B. Zone Map 104-08
C. Legal Description
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EXHIBIT "A"
CONDITIONS OF APPROVAL
ZONE CHANGE 05-0531
CITY ATTORNEY
1. 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, 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 the Applicant and the City is not obligated to use any law firm or attorney chosen by
another entity or party.
MITIGATION MEASURES
Air Qualitv: (Ridgecrest Homes, Inc. air Quality Impact Study Queen St and Bella Drive ZC, (July 2005), by
WZI,lnc.)
2. 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.
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Exhibit "A"
ZC 05-0531
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3. 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 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.
· 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 carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVUAPCD Regulation VIII.
Bioloaical Resources: ("Bi%gical Resource Assessment, Bakersfield 155 Project, " (June 2005) by
McCormick Biologicallnc.)
4. Comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan and
associated Section 10 (a) (1) (b) and Section 2081 permits issued to the City of Bakersfield.
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ZC 05-0531
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5. Conduct a pre-activity survey not more than 30 days prior to the onset of construction activities
for San Joaquin kit fox dens or other special-statues species that may occupy the project site.
6. All pipes, culverts or similar structures with a diameter of 4 inches shall be capped or blocked to p
prevent entry by San Joaquin kit fox dens or other wildlife.
7. All trenches or steep-walled excavations greater than 3 feet deep shall include escape ramps to
allow wildlife escape.
8. All employees, contractors or other persons involved in construction of the project shall attend a
"tailgate" session informing them of biological resource protection measures for this project.
orientation shall be conducted by a qualified biologist and include information on protected species,
reasons for special status, summary of applicable environmental law and measures intended to
reduce impacts.
9. Prior to land disturbance the applicant is required to determine the presence of Blunt-Nosed Leopard
Lizard and mitigate accordingly.
10. Comply with Section 3503 and 3503.5 of the California Fish and Game Code regarding restricted
construction activities near native bird or raptor nesting sites during breeding season.
11. Conduct a preconstruction survey for burrowing owl and comply with the Migratory Bird Act.
12 During construction, site boundaries shall be clearly marked with flagging or fencing to prevent
construction activities to impact adjacent habitat land.
13. All trash and food waste shall be disposed in closed containers and regularly removed from the
site. There shall be no deliberate feed of wildlife.
14. Tamisk (all species), pampas grass, and invasive exotic water-feature plants shall not be
allowed.
Cultural Resources: (Cultural Resource Survey (July 2005), by Archaeological Associates of Kern
County (AAKC))
15. If resources are uncovered during ground disturbance, subdivider shall stop work and
consult with a qualified archeologist.
Paleontoloav:
16. Prior to grading and/or earth-disturbing activities at elevations between 600 and 700 feet,
subdivider shall:
16.1. Submit a map delineating the areas within 600 and 700 feet elevation of the
subdivision to be disturbed.
16.2 Retain a qualified paleontologist to attend a pre-grading meeting, and set
forth the procedures to be followed during the monitoring program.
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ZC 05-0531
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16.3 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.
16.2. 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.
16.3, 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.
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EXHIBIT "B"
ZONE CHANGE 05-0531
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PROFESSIONAL
LAND SURVEYS
EXHIBIT "C"
LEGAL DESCRIPTION
FOR
ZONING APPLICATION
TO THE
CITY OF BAKERSFIELD
AL:. 'rHAT CERTAIN PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE
SO'iTHWWEST QUARTER OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 29 EAST, MOUNT
DE'\BLO BASE AND MERIDIAN, IN THE CITY OF BAKERSFIELD, COU¡ITY OF KERN, STATE
OF CALIFOR~IA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEP~ING THEREFROM ALL THE OIL, AND GAS IN SAID LAND, TOGETHER WITH THE
RIGHT TO PROSPECT, MINE AND REMOVE SUCH DEPOSITS FROM THE SAME UPON
COMPLIANCE WITH THE CONDITIONS AND SUBJECT TO THE PROVISIONS AND LIMITATIONS
OF THE ACT OF JULY 17, 1914 (36 STAT.. 509), AS RESERVED BY THE UNITED STATES
OF AMERICA IN PATENT DATED OCTOBER IS. 1918 AND RECORDED JANUARY 17, 1919 IN
BOOK 19 PAGE 427 OF PATENTS.
ASSESSOR'S PARCEL NUMBER: 386-040-13
NC':.ê:
83Ô""d Ilpon t're.ì.lminary Report pr€par",d by Chica<]O Tltle COf(¡pany, Dated D€cember 7, 2004, ord",r
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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 1ih day of January ,2006 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4298 passed by
the Bakersfield City Council at a meeting held on the ~ day of January 2006 and
entitled:
AN ORDINANCE 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 AN A
(AGRICULTURE) ZONE TO AN R-1 (ONE FAMILY DWELLING) ZONE ON 39.09
ACRES GENERALLY LOCATED AT THE NORTHWEST CORNER OF VALLEY LANE
AND BELLA DRIVE, (FILE #05-0531)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
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By: ~ ~~C
DEPUTY C Clerk
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