HomeMy WebLinkAboutORD NO 4329
ORDINANCE NO.
4329
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 104-20)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S-2.5A
(RESIDENTIAL SUBURBAN 2.5-ACRE MINIMUM LOT SIZE) TO
R-1 (ONE FAMILY DWELLING) ON 40.24 ACRES, GENERALLY
LOCATED ON THE NORTH SIDE OF KERN CANYON ROAD
(STATE HIGHWAY 184), APPROXIMATELY 2,000 FEET
SOUTHWEST OF THE INTERSECTION OF KERN CANYON
ROAD AND STATE HIGHWAY 178 (ZC NO. 05-1437).
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 north side of Kern Canyon Road (State Highway 184), approximately
2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178; and
WHEREAS, by Resolution No. 200-05 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. 05-1437 as delineated on attached Zoning Map
104-20 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 R-S-2.5A (Residential Suburban 2.5-
acre minimum lot size) to R-1 (One Family Dwelling) on 40.24 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 18, 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. 200-05, 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 (CEOA) 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 CEOA 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 104-20 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. 05-1437.
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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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 CI k of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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Exhibit A - Zoning Map 104-20
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 104-20
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Exhibit B
Zone Change Legal Description
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ZONE CHANGE DESCRIPTION
Being a portion of that parcel of land designated as "not a part" of Parcel Map Waiver No. 11-89
as evidenced by Certificate of Compliance recorded August 1, 1989 in Book 2671 at page 544,
Official Records, in the office of the Kern County Recorder, also being a portion of the Northeast
Quarter of Section 20, Township 29 South, Range 29 East, M.D.M. in the City of Bakersfield,
County of Kern, State of California, described as follows:
RS - 2.5A TO R-1
Beginning at the Southwest corner of Parcel "A" of said Parcel Map Waiver No. 11-89;
Thence 1) Along the South line of said Parcel "A", S 84'02'37" E, 180.84 feet;
Thence 2) N 55'43'58" E, 380.70 feet;
Thence 3) S 89'16'26" E, 528.18 feet to the Southeast corner of said Parcel "A";
Thence 4) S 01'57'27" W, 142.32 feet;
Thence 5) S 80'10'33" E, 128.83 feet to the beginning of a 284.00 foot radius
tangent curve concave Southwesterly;
Thence 6) Southeasterly along said curve, through a central angle of 66'21 '16" an
arc distance of 328.90 feet;
Thence 7) S 13'49'17" E, 142.91 feet;
Thence 8) S 59'50'15" E, 127.15 feet to a point on the Northwesterly right of way
line of State Route VI-KER 184 (110 foot wide);
Thence 9) S 46'59'44" W along said right of way line, 2095.60 feet to the West line
of Parcel 2 of said Parcel Map No. 2465;
Thence 10) N 00'31'02" E, along said West line, 1819.37 feet to the Point of
Beginning.
Contains 40.24 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. 05-1437
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1. Although the proposed project will result in emissions that are considered to be "less
than significant" levels for ROG and NOx, mitigation measures were identified to further
reduce project emissions based on project design, standard construction practices and
current regulations. The applicanUdeveloper of the project site shall submit
documentation to the Planning Department prior to issuance of any building permit that
they willlhave met the following air quality mitigation measures:
PMIO Mitigation Measures
A. The criteria pollutant most affected by the proposed mitigation measures will be
PM1O. As the project will be completed in compliance with SJVAPCD Regulation
VIII, dust control measures shall be implemented to ensure compliance
specifically during grading and construction phases. The mitigation measures to
be taken are as follows:
· Water previously disturbed exposed surfaces (soil) a minimum of three
timeslday or whenever visible dust is capable of drifting from the site or
approaches 20% opacity.
· Water all haul roads (unpaved - if any) a minimum of three times/day or
whenever visible dust from such roads is capable of drifting from the site
or approaches 20% opacity.
· Reduce speed on unpaved roads to less than 15 miles per hour.
· Install and maintain a trackout control device that meets the specifications
of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or
more than 20 vehicle trips per day by vehicles with three or more axles.
· Stabilize all disturbed areas, including storage piles, which are not being
actively utilized for construction purposes using water, chemical
stabilizers, or by covering with a tarp, other suitable cover, or vegetative
ground cover.
· Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut and fill operations with application of
water or by presoaking.
· When transporting materials offsite, maintain a freeboard limit of at least 6
inches and cover or effectively wet to limit visible dust emissions.
· Limit and remove the accumulation of mud andlor dirt from adjacent public
roadways at the end of each workday. (Use of dry rotary brushes is
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Exhibit C
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions and use of blowers is expressly forbidden).
· Stabilize the surface of storage piles following the addition or removal of
materials using water or chemical stabilizerlsuppressants.
· Remove visible track-out from the site at the end of each workday.
· Cease grading activities during periods of high winds (greater than 20 mph
over a one-hour period).
· Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and
restrict use of cutback, slow-cure and emulsified asphalt paving materials.
· Grading should be conducted in phases.
· Project site shall not be cleared of existing vegetation cover until required
by construction.
· The project developer shall revegetate graded areas as soon as it is
feasible after construction is completed.
Measures to Reduce Construction Equipment Exhaust
B. The GAMAQI guidance document lists the following measures as approved and
recommended for construction activities:
· Maintain all construction equipment as recommended by manufacturer
manuals.
· Shut down equipment when not in use for extended periods of time.
· Construction equipment shall operate no longer than eight cumulative
hours per day.
· Use electric equipment for construction whenever possible in lieu of diesel
or gasoline powered equipment.
· Curtail use of high-emitting construction equipment during periods of high
or excessive ambient pollutant concentrations such as "Spare the Air"
days as declared by the SJVAPCD.
· All construction vehicles shall be equipped with proper emission control
equipment and kept in good and proper running order to substantially
reduce NOx emissions.
· On-road and off-road diesel equipment shall use aqueous diesel fuel if
permitted under manufacturer's guidelines.
· On-road and off-road diesel equipment shall use cooled exhaust gas
recirculation (EGR) if permitted under manufacturer's guidelines.
· Use of Caterpillar pre-chamber diesel engines or equivalent shall be
utilized if economic and available to reduce NOx emissions.
Page 2 of 7
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Exhibit C
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
· All construction workers shall be encourage to shuttle (carpool) to retail
establishments or to remain on-site during lunch breaks.
· All construction activities within the project area shall be discontinued
during first stage smog alters.
· Construction and grading activities shall not be allowed during first stage
ozone alerts. First stage ozone alerts are declared when the ozone level
exceeds 0.20 ppm (1-hour average).
Other Mitigation Measures
C. The following mitigation measures will further reduce the potential for long term
emissions form the completed project:
· The project design shall comply with standards set forth in Title 24 of the
Uniform Building Code to minimize total consumption of energy.
· Applicants shall be required to comply with applicable mitigation measures
in the Air Quality Attainment Plan, District Rules, Traffic Control Measures,
Regulation VIII, and Indirect Source Rules for the SJVAPCD.
· The developer shall petition the Golden Empire Transit District (GET) to
conduct a service study to determine if the project site warrants being
annexed into the GET operational system.
· If the GET service study indicates that the development qualifies for
addition to the GET system, specific bus turnouts and shelters shall be
located at appropriate locations to serve commercial and residential sites
within the project area in consultation with the Golden Empire Transit
District. The bus turnouts and shelters shall be planned by developers in
the project area and local transportation coordinating entities to encourage
the efficient and practical use of public transit entities servicing the project
area.
· The developer shall comply with the provisions of SJVAPCD Rule 4601 -
Architectural Coatings, during the construction of all buildings and
facilities. Application of architectural coatings shall be completed in a
manner that poses the least emissions impacts whenever such application
is deemed proficient.
· The developer shall comply with the provisions of SJVAPCD Rule 4641
during the construction and pavement of all roads and parking areas
within the project area. Specifically, the developer shall not allow the use
of:
. Rapid cure cutback asphalt;
Page 3 of 7
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Exhibit C
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
· Medium cure cutback asphalt;
· Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641,
Section 5.1.3); or
· Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section
5.1.4).
Bioloaical Resources:
2 A preconstruction survey shall be conducted by a qualified biologist within thirty days
prior to any initial ground disturbance to ensure that no sensitive animal species has
entered the property.
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.
Hazards and Hazardous Materials
5. With the submittal of the first tentative subdivision map application, the applicant shall
submit a Phase II Environmental Site Assessment (ESA) evaluating the following
hazards identified in the Phase I ESA (Kleinfelder, Inc., May 13, 2005) to the
satisfaction of the City of Bakersfield Fire Department (Prevention Services Division). If
deemed necessary by the Prevention Services Division, the applicant shall submit a
remediation plan and shall implement said plan to the satisfaction of the Prevention
Services Division.
a. Soil samples shall be collected at appropriate depths from the location of the
racing fuel UST removed from the site in 2004, and analyzed for gasoline
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Exhibit C
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
constituents. The analytical results of the soil samples shall be forwarded to the
City of Bakersfield Fire Department with a request for closure, if warranted.
b. Numerous drums and other smaller containers of waste oil, as well as numerous
empty drums and tires, were noted at the site. These tires, drums, and the
contents of the drums shall be removed from the site for proper disposal.
Characterization of the drum contents may be required if the contents are
unknown.
c. Several areas of surface soil staining were noted near the two car repair and
servicing buildings. Discolored soils shall be removed from the site for
appropriate disposal prior to development.
d. A water well was noted adjacent to a water storage tank, west of the racetrack. If
it will not be used, the well shall be destroyed in accordance with applicable state
and local guidelines.
Noise:
6. Along State Highway 184, a minimum six-foot tall sound wall (measured from the
finished grade of the adjacent residential lots) shall be included on all applicable
subdivision maps for the GPAlZC area and shall be constructed prior to the recordation
of each affected phase.
7. Prior to the issuance of any building permits for habitable residential structures on lots
adjacent to State Highway 184, the applicant shall demonstrate compliance with the
following requirements to the satisfaction of the Building Department:
a. Mechanical ventilation or air conditioning shall be installed so windows and doors
may remain closed to provide for the necessary acoustical insulation.
b. Windows shall be carefully installed, sealed and caulked so that there are no
openings between the window assembly and wall.
c. Exterior doors, excluding glass doors, shall be solid-core wood with perimeter
weather-stripping and threshold seals or equivalent.
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Exhibit C
GPAlZC No. 05-1437
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
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 SR 184 to arterial or Caltrans standards and
Mesa Marin Drive to collector standards for the full frontage of the area within the
GPA request, if necessary. 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 within the Breckenridge Planned Drainage Area (PDA). All
storm drain systems shall be per the requirements of the PDA.
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.
d. 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. 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.
10. Median fees shall be paid for Kern Canyon Road frontage, if not already previously
paid.
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Exhibit C
GPAlZC No. 05-1437
MitigationlConditions of Approval
11. 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.
Mesa Marin Sports Complex Adiacencv:
12. The Developer shall pay $600.00 per dwelling unit in addition to the city park
development fee, to assist the City in upgrading the existing sports complex lighting.
13. Prior to or concurrently with recordation of any final subdivision map within the GPAlZC
area, the subdivider shall record a covenant on all lots of the subdivision disclosing the
potential for light, glare, and noise disturbances associated with the operations of the
Mesa Marin Sports Complex.
Citv Attornev:
14. 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 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.
Page 7 of 7
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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 ~ day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4329 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. 104-20) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
R-S-2.5A (RESIDENTIAL SUBURBAN 2.5-ACRE MINIMUM LOT SIZE) TO
R-1 (ONE FAMILY DWELLING) ON 40.24 ACRES, GENERALLY LOCATED
ON THE NORTH SIDE OF KERN CANYON ROAD (STATE HIGHWAY
184), APPROXIMATELY 2,000 FEET SOUTHWEST OF THE INTERSECTION
OF KERN CANYON ROAD AND STATE HIGHWAY 178 (ZC NO. 05-1437)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:J(--tJ\ +~L
DEPUTY Cit lerk
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