HomeMy WebLinkAboutORD NO 4325
ORDINANCE NO. II S 2 5
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 123-28) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY
DWELLING) ON 52.56 ACRES AND FROM A
(AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) ON
6.64 ACRES, GENERALLY LOCATED NORTH OF
MCCUTCHEN ROAD AND EAST OF GOSFORD ROAD.
(ZC NO. 05-0933).
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 north of McCutchen Road and
east of Gosford Road; and
WHEREAS, by Resolution No. 189-05 on December 15,2005, the
Planning Commission recommended approval and adoption of an ordinance amending
Title 17 of the Municipal Code to approve Zone Change No. 05-0933 as delineated on
attached Zoning Map 123-28 marked Exhibit "A", by this Council and this Council has
fully ~onsidered 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 (Aricultural) to R-1 (One Family Dwelling) on 52.56 acres and from A (Agriculture) to
M-1 (Light Manufacturing) on 6.64 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 November 23, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family
residential development and industrial 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, 189-
05, adopted on December 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.
9. That odor sensitive land use within a 14 mile of the sewer treament
plant would reslt in land compatibility issues.
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 123-28
marked Exhibit "A" attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "B ".
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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. 05-0933,
5. That Light Industrial is not an odor sensitive land use.
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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.
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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
MAR 8 2006 by the following vote:
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NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
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PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED MAR 8 2006
HARV L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A - Zoning Map 123-28
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zone Map 123-28
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Exhibit B
Zone Change Legal Description
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GENERAL PLAN AMENDMffiNTaONE CHANGE
LEGAL DESCRIPTION
PARCEL - A
From RI-A to LI
BEING THE EASTERL Y 342 FEET OF THE SOUTHERL Y 866 FEET OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 27
EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA
ACCORDING TO THE OFFICIAL PLAT.
Contains: 6.68 GROSS ACRES
PARCEL-B
From RI-A to LR
BEING THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH,
RANGE 27 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA
ACCORDING TO THE OFFICIAL PLAT.
EXCEPTING THEREFROM THE EASTERLY 342 FEET OF THE SOUTHERL Y 866
FEET.
ALSO EXCEPTING THEREFROM THE WEST 1,617 FEET OF SAID LAND.
Contains: 52.45 GROSS ACRES
GP AlZC-McCutchen&Gosford-Lgl
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Conditions of Approval
General Plan AmendmentlZone Change 05-0933
MITIGATION MEASURES CONTAINED IN NEGATIVE DECLARATION:
Air Qualitv Mitiaation Measures
1. 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
air quality mitigation measures during the construction phase of the project to reduce
construction exhaust emissions:
· 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.
2. 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 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.
· 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 off-site, all materials shall be covered, or
effectively wetted to limit visible dust emissions, and at least six inches o~M{
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0933
Page 2 of 5
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 arterials 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 track out 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 track
out.
· 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
construction site,
· Implementation of carryout/trackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
Cultural Imcact Mitiaation Measures
3. If subsurface archaeological resources are unearthed during future construction activity,
work shall stop in the areas of the discovery until the finds can be evaluated. If
determined necessary, impacts to significant cultural resources shall be mitigated prior
to the resumption of development.
4. If human remains are discovered during grading or construction activities, work would
cease pursuant to Section 7050,5 of the Califomia 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
Traffic Imcact Mitiaation Measures
5. The following Table identifies mitigation:
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0933
Page 3 of 5
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Local Mitigation Project
# intersection Total Improvements (Improvements not Share for
Required by 2025 Local
covered by RTIF) Mitiaation
Gosford Rd & 2 EBL, 2 EBT, 2 WBL, 2
1 Panama Ln WBT, 2 NBL, 2 NBT, 1 1 EBT, 1 WBT, 1 NBT 1.99%
SBL, 1 SBT
2 Reliance Dr & Install Signal- 1 EBT, 1 1 NBL, 1 SBL 4.1%
Panama Ln WBL 1 NBL, 1 SBL
3 Ashe Rd & Install Signal - 1 EBT, 1 - -
Panama Ln NBL 1 NBT
4 Golden Gate Dr Install Signal - 1 NBL, 1 1 NBL, 1 SBL 2.58%
& Panama Ln SBL
5 Stine Rd & 1 NBT -
Panama Ln -
6 Gosford Rd & Install Signal- 1 EBL, 1 1 EBL, 1 WBL 5.48%
Berkshire Rd WBL, 1 NBL, 1 SBL
9 Reliance Dr & Install Signal - 1 EBL, 1 Install Signal- 1 SBR 4,66%
McCutchen Rd SBR
Notes: NB=Northbound l=Left Turn lane
SB=Southbound T=Through Lane
WB=Westbound R=RightTum Lane
EB=Eastbound
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
Total Local Mitigation Project
Share for
Roadway improvements (Improvements not Local
Required by 2025 covered by RTIF) Mitillation
Gosford Rd: Pacheco Rd To Add 2 lanes
Panama Ln - -
Gosford: Panama Ln to Add 4 lanes Add 2 lanes 1.43%
Berkshire Rd
Panama Ln: Buena Vista Rd to Add 2 lanes
Ashe Rd - -
Panama Ln: Stine Rd to Akers Add 2 lanes
Rd - -
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
6, Prior to approval of any development plan, improvement plan, or application for a
lot line adjustment, the following shall occur:
. Provide fully executed dedication for McCutchen Road to arteria~ '1> f',1<. f?-
standards and Reliance Drive and Berkshire Road to collector standarcif ~
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0933
Page 4 of 5
for the full frontage of the area within the GPA request. 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.
· This GPAlZC area is too small to support it's own storm drainage sump.
The City will allow no more than one sump per 80 acres; therefore, this
GPAlZC area must be included within the drainage area of adjoining
property. The developer shall provide a drainage study for the GPAlZC
area for review and approval by the City Engineer. The sump must be
located on the periphery of the GPAlZC area, in a location that can be
utilized by the adjoining property. Alternately, the developer can
participate in the development of a Planned Drainage Area and, showing
it's proportionate share of the necessary ultimate storm drainage facilities.
· In order to preserve the permeability of the sump and to prevent the
introduction of sediments from construction or from storm events, all
retention and detention basins (sumps) shall have a mechanical device in
the storm drain system to remove or minimize the introduction of oil,
grease, trash, and sediments to the sump. This device shall be reviewed
and approved by the City Engineer, and shall provide the greatest benefit
to the storm drain system with the least maintenance cost.
· 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.
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. Payment of median fees for the arterial frontage of the property within the
GPAlZC request is required prior to recordation of any map or approval of any
improvement plan for the GPAlZC area.
9. This site has no improved access, 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 the appropriate City design
standards, 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, \)Mf0'
then he shall pay to the City the up-front costs for eminent domain proceeding~ ó"
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0933
Page 5 of 5
and enter into an agreement and post security for the purchase and improvement
of said right of way.
DeDartment of Conservation Condition:
10. The proposed project is located beyond the administrative boundaries of any oil or gas
field. There are no oil, gas, or injection wells within the boundaries of the project site.
Regardless, if excavation or grading operations uncover a previously unrecorded well,
the Division district office in Bakersfield shall be notified as such wells may require
remedial operations, It will be the responsibility of the developer to notify such Division
and bear all costs associated with remediation.
Southem California Edison:
11. In the event that the development requires relocation of facilities, on the subject
property, which facilities exist by right of easement or otherwise, the owner/developer
will be required to bear the cost of such relocation and provide Edison with suitable
replacement rights. Such costs and replacement rights are required prior to the
performance of the relocation,
City Attornev
12, 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
CEOA 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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ORIGIN III
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 .Jill!... day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No, 4325 passed by the
Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06,020 (ZONE MAP NO. 123-28) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 52.56 ACRES,
AND FROM A (AGRICULTURE) TO M-1 (LIGHT MANUFACTURING) ON 6.64
ACRES, GENERALLY LOCATED NORTH OF MCCUTCHEN ROAD AND
EAST OF GOSFORD ROAD (ZC NO. 05-0933)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~ +-~tC
DEPU Cit Clerk
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