HomeMy WebLinkAboutORD NO 4326
ORDINANCE NO.
4326
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 102-06)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING ZONE) ON
APPROXIMATELY 19.3 ACRES, GENERALLY LOCATED AT
THE SOUTHEAST CORNER OF ETCHART ROAD (FUTURE)
AND JEWETTA AVENUE (FUTURE) (ZC NO. 05-0936).
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 Etchart Road (future) and Jewetta Avenue (future);
and
WHEREAS, by Resolution No. 196-05 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. 05-0936 as delineated on attached Zoning Map
102-06 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 (Agriculture) to R-1 (One Family
Dwelling Zone) on approximately 19.3 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 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. 196-05, 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.
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.
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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 102-06 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. 05-0936.
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 ó1d.opted by the
Council of the City of Bakersfield at a regular meeting thereof held on MAR 8 z006
by the following vote:
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ABSTAIN.
ABSENT
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COUNCILMEMBER COUCH, CARSON. BENHAM, MAGGARD, HANSON. SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
MAR 8 2006
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C erk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: /~ /Yl~ ~
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Exhibit A - Zoning Map 102-06
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 102-06
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ZONE CHANGE 05-0936
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Exhibit B
Zone Change Legal Description
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Legal Description
General Plan AmendmentlZone Change
From A to R-1:
Being the North Y2 of the Northwest Yo of the Southwest Yo Section 6, Township
29 South, Range 27 East, Mount Diablo Base and Meridian, in the County of
Kern, State of California, according to the Official Plat.
Contains: 19 Acres ±
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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. 05-0936
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1. The applicanUdeveloper 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 PM10 Prohibitions of the San Joaquin Valley Air Pollution
Control District. The applicanUdeveloper 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, in addition to those required under
Regulation VIII, during the construction phase of the project to reduce fugitive dust
emissions:
· 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 stabilizerlsuppressant.
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Exhibit C
GPAlZC No. 05-0936
MitigationlConditions of Approval
· 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 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 arterials from, the surface
of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust
emissions utilizing sufficient watefor 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 carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
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Exhibit C
GPAlZC No. 05-0936
MitigationlConditions of Approval
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 which details the appropriate actions necessary for addressing the
remains) and the local Native American community shall be notified immediately.
T ransportationlT 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 Tables 7 and 8 of the traffic study (Ruettgers & Schuler
Civil Engineers, June 2005). 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.
Proportionate shares based on PM peak trips from the study are as follows:
a. Jewetta Ave & Seventh Standard Rd, Install signal, Add 2 NBL, 1 NBT, 2 SBL, 1
SBT, 2.79% share
b. Verdugo Ln and Seventh Standard Rd, Add 1 NBL, 1 SBL, 1.96% share
c. Calloway Dr & Seventh Standard Rd, Add 2 SBL, 1 SBT, 1.26% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound,
L - Left turn lane, T - Through lane, R - Right turn lane
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Exhibit C
GPAlZC No. 05-0936
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
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 Jewetta Avenue to arterial standards 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.
b. This GPAlZC area is too small to support its 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 participate in the development of a Planned Drainage Area and provide a
drainage study for the GPAlZC area, showing its proportionate share of the
necessary ultimate storm drainage facilities.
c. 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.
8. The GPAlZC area is within the service area of the North of River Sanitary District NO.1.
Sewer service in this area must conform to the NORSD's adopted Sewer Study, and
construction of sewer lines shall be per NORSD's requirements. All trench backfill and
paving within the public right-of-way shall require an Open Street Permit and be as per
the City of Bakersfield's adopted standards.
9. Development of this GPAlZC area will require the improvements of Jewetta Avenue
along the frontage of the GPAlZC area to arterial standards. The timing of these
improvements can be addressed when a tentative map is submitted.
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Exhibit C
GPAlZC No. 05-0936
MitigationlConditions of Approval
10. Access to the project area from Jewetta Avenue is provided by a sub-standard road.
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' 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.
11. The Seventh Standard Road, Jewetta Avenue, Etchart Road and Snow Road crossing
of the Friant-Kern andlor Calloway Canals needs widening. Developer shall pay their
proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings.
12. Access to the arterial 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.
13. Payment of median fees for the arterial frontage of the property within the GPAlZC
request. These fees shall be paid prior to recordation of any map or approval of any
improvement plan for the GPAlZC area.
14. 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 this GPA area.
Teion Indian Tribe Notification
15. Prior to recordation of the first final map or commencement of ground disturbing
construction activities within the GPAlZC area, whichever occurs first, the applicant
shall notify the Tejon Indian Tribe Cultural Resource Management Team (CRMT) of the
planned construction schedule and shall grant permission to CRMT personnel to
conduct archaeological monitoring of ground disturbing activities. Said notice shall be
sent by registered mail to: Tejon Indian Tribe CRMT, 2234 4th Street, Wasco, CA
93280. The applicant shall submit proof of compliance with this requirement to the
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Exhibit C
GPAlZC No. 05-0936
Mitigation/Conditions of Approval
Bakersfield Planning Department. In the event the construction schedule changes
following the initial notification, subsequent notice(s) shall be given to the Tejon Indian
Tribe CRMT and Bakersfield Planning Department in the manner described above.
Added by Planning Commission in response to a comment letter from the Tejon Indian
Tribe CRMT.
Citv Attornev
16. 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 -3illL day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4326 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. 102-06) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING ZONE) ON
APPROXIMATELY 19.3 ACRES, GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF ETCHART ROAD (FUTURE) AND JEWETTA
AVENUE (FUTURE) (ZC NO. 05-0936)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:M~ 1~~é
DEP TY Ci Clerk
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