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Home My WebLink AboutORD 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. 1 ~Mf--9 ~ % >- - I- n _ r- Ù e:- ()~Ir,INAI -_. ...~..- ------- ._------_._-'_.--_.~.._-~--_.'>_..' .-.-.-... 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 ". 2 \;>P<Kt.ý ~ <!; >- n ;- r Õ t' ()Rlnl~lðl 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. 3 'ò~K<:'1 ¿, ~ >- - n ¡-- ~ Õ t- ()RI(';INAI 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--------- 4 ~Mf'1y ¿< ú_ >- r ..... , õ ( ORIr-I~,^, 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: ~ NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER ~ \-/ 1--- ......- t- COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER ~ a-.n. á...ftV(' A~ 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 BY:¡~Jn,~ Exhibit A - Zoning Map 123-28 B - Zone Change Legal Description C - Mitigation/Conditions of Approval JS ' S:\GPA 4th 2005105-0933\ResolutionsICC ZC Ordinance.doc 5 ~ ,?¡(l.Kf1s: - " ií - r -) c:: ""''"'\1.....11.11\] Exhibit A Zone Map 123-28 '< ~AKE0' o <!; >- - \- rr _ r- '~ ~ r}i:¡I('.;INAI l'i'NI~IHO c) . .--. . ''''0 .. ~ i - .1, "'<' ~') 0 "'-:1>1 "4~ )) 00..; (\j~ I a: rf) C\J 90.. ..; ~<(~ ~~..., W :ll:: ~c:> Z l'3Z:S >-0 . !::N/n U III iL .../! I !;li!! fii lit ~ ffi , ! ~~ ~ i lruu + I . iJ- I !i~ ;: i Ill. Ii i I ! I ~'. K C~ ~ ! I I ~ Ii I l;i!lh~f!Hlh!1 II! ~I nIl!! Iii !lil".iil11i I<<'! !v I!N:i', hl~J i~:~~j::h~i!l iii; II~i I: !hrs2 !~f9~t~iii!:i~~~I~slll~I~!NI~i:~!I!!~~1 li~j~~!~~~~.:iil~i:~ ~~~~! I~~~i~~.~~ i i r I; i I ~~ n i! tie! ~ 5!! i i f II~ u.; ~ ~ ~ ~ is ~ I c l!: ~1 ttt :t~r ~ . . IS C!I Ii ,. ... :tlll:fr~'t~;,,~ ':' z . ..... ... ~.~uuu~.asr~~&U a~~~~.~1 fi'J. 1I.~ . ~. 1M I 1~~15 r~. t:~ !S!;'l' ~ f"" I ~; I , ' , " I ... '411 ' i~.. l~, "1= la' i11 ii! !~ leI d~ I~ ani . }I, ~~ ; j! i:~,1 ~ :iiil I I I ; i 0 .. .. r II: ~I. 1:1/ 101/1 H~ ~ ; I l (It ..ZQN..E..C"HANGE..05~O-9.33 ..... I ::E ~ J ~ c( ;) i ..... . ~ ~ ~ c( 3 :lI i ~ r;; .1- "I~ :l 0( III! ~ i--li i-.. 'JUI j;J'~ IRiil1ii ~ 1i5~ - s d .I-~I' - "$ . i ZONING MAP 123-28 'w .~ + a iE ! N 52 0 ::c! Z ~ m 3: > 0 :e ('") i! ~ :J: iI:: )> Z > G') ! m 0 CJ1 I 0 CO W W > i -I 8 w o 0 ~JJ) Ji. _. z ~ 8 m ~ i ~ '...i ! ! f f ! f ~ h P > > "_11_11_. > i ! ! ! ~~ ~o ~~ 2~ ! Exhibit B Zone Change Legal Description '< 'òÞ-k.S1 C) ~, >- - I- rn _ r- Q to ORIGINAl .~ __.._.__.___~__ __.._.0_....__.__ --- "-' ..,J 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 ~ <Q~K~-9 <::) ~ >-. - I- rn _ r- '" c:.. ORIGINAL Exhibit C Mitigation/Conditions of Approval ooMé:',y "- 0' a ... >. ñ ,.... r - c- o , ()RIGINð 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{ c" .09% ~ ~ ,) tJ "'QIGINAl 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: (, 'òJ',hf,y c)' 'ó' -< >- - ....' IT - ,. ù ~ ORIGINA' .._..._.,...._.____ _·_··.m_~_"_·___"____M'_.·. 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 ~ t::- J! o C' ORIGINA' ~.______ ..___.,.___.._ .~___ ...~._m . ____ ___...____'.____ 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" >- C >- , Õ [ ORIGIW' 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. JS:jm S:\GPA 41h 2005\05-0933\51.11 Reports\EXHIBIT A,1.doc <¢M,::~ '<. Ó' o -< >- m ,... ,... l) c:- 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 S:\DOCUMENT\FORMS\AOP, ORD, wpd X ~Mf1 () ~ >- ¡:¡; \-' r- Õ t:> nRI(;INAI