HomeMy WebLinkAboutORD NO 4356
ORDINANCE NO.
4356
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 103-24) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2
(LIMITED MULTIPLE-FAMILY DWELLING) ON 4.60 ACRES,
GENERALLY LOCATED ON THE WEST SIDE OF MORNING
DRIVE (FUTURE), APPROXIMATELY 1,000 FEET SOUTH OF
STATE ROUTE 178 (ZC NO. 05-1361).
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 west side of Morning Drive
(future), approximately 1,000 feet south of State Route 178; and
WHEREAS, by Resolution No. 71-06 on April 6, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17
of the Municipal Code to approve Zone Change No. 05-1361 as delineated on attached
Zoning Map 103-24 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
from R-1 (One Family Dwelling) to R-2 (Limited Multiple Family Dwelling) on 4.60 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 February 17, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows multiple-
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. 71-
06, adopted on April 6, 2006:
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
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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.
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 103-24) 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 103-24
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. 05-1361.
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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, þy.the C.o.u~cil of the City of Bakersfield at a regular meeting thereof held on
JUN 2 1 LUU by the following vote:
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COUCH, CARSON, BENHAM, MAGGARD. HANSON, SULLIVAN, SCRIVNER
QÝES
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
fJ1"".I)~ fA. û1r. eá~
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
JUN 2 1 2006
HAR L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: )Ji;uó »z- ~
Exhibit A - Zoning Map 103-24
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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EXHIBIT A
Zoning Map 103-24
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ZONE CHANGE 05-1361
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EXHIBIT B
Legal Description
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ZONE CHANGE
LEGAL DESCRIPTION:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 29 SOUTH,
RANGE 28 EAST, CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
BEING DESCRIBED AS FOLLOWS:
PROPOSED R·2 (FROM R-1)
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 24; THENCE NORTH
00°34'39" EAST, ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE
OF 711.02 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING
COURSES:
1) DEPARTING SAID EAST LINE, NORTH 89°25'21" WEST, A DISTANCE OF
1340.23 FEET; THENCE
2) NORTH 87°50'49" WEST, A DISTANCE OF 70.00 FEET; THENCE
3) NORTH 77"40'19" WEST, A DISTANCE OF 70.00 FEET; THENCE
4) NORTH 66°11'37" WEST, A DISTANCE OF 70.00 FEET; THENCE
5) NORTH 49°49'35" WEST, A DISTANCE OF 52.11 FEET; THENCE
6) NORTH 78°55'30" EAST, A DISTANCE OF 33.15 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 2,000.00
FEET; THENCE
7) EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 11°39'09",
AN ARC DISTANCE OF 406.75 FEET; THENCE
8) SOUTH 89°25'21" EAST, A DISTANCE OF 408.90 FEET; THENCE
9) NORTH 00°34'39" EAST, PARALLEL WITH SAID EAST LINE, A DISTANCE OF
75.08 FEET; THENCE
10) SOUTH 89°25'21" EAST, A DISTANCE OF 737.91 FEET TO A POINT ON THE
EAST LINE OF SAID NORTHEAST QUARTER; THENCE
11) SOUTH 00°34'39" WEST, ALONG SAID EAST LINE, A DISTANCE OF 200.00
FEET TO THE POINT OF BEGINNING.
CONTAINING 5.54 ACRES, MORE OR LESS.
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EXHIBIT C
Mitigation I Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1361
Air Qualitv Mitiaation Measures
1, To ensure that Project emissions are minimized, the applicant is proposing a
number of mitigation measures. The following measures have either been
applied to the Project through the URBEMIS 7.5.0 Model or will be implemented
in conjunction with the San Joaquin Valley Air Pollution Control District
(SJVAPCD) rules. Therefore, the applicant/developer of the Project site shall
submit documentation to the Planning Department prior to tract recordation that
they will/have met the following air quality mitigation measures:
PM 10 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 construction measures will be taken 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 times/day 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 accumulations of mud and/or dirt from
adjacent public roadways tot the end of each workday. (Use of
dry rotary brushes is prohibited except when preceded or
accompanied by sufficient wetting to limit visible dust emissions
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Exhibit C
GPAlZC 05-1361
Conditions of Approval
and use of lowers is expressly forbidden).
· Stabilize the surface of storage piles following the addition or
removal of materials using water or chemical
stabilizer/suppressants.
· 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 if permitted under manufacturer's guidelines.
Use of Caterpillar pre-chamber diesel engines or equivalent shall
be utilized if economic and available to reduce NOxemissions.
All construction workers shall be encourage to shuttle (car-pool) to
retail establishments or to remain on-site during lunch breaks.
All construction activities within the project area shall be
discontinued during the first stage smog alters.
Construction and grading activities shall not be allowed during first
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Exhibit C
GPAlZC 05,1361
Conditions of Approval
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 are recommended to 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 SJVUAPCD.
· 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;
· 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).
CulturallmDact Mitiaation Measures
2. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
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Exhibit C
GPAlZC 05-1361
Conditions of Approval
3, 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.
TransDortationfTraffic Mitiaation Measure
4. 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.
Public Works Conditions
5. Along with submittal of any development plan, improvement plan, or application
for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Morning Drive 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 it's proportionate share of the necessary ultimate storm drainage
facilities.
c. Sewer service must be provided to the GPAlZC area. The developer
shall be responsible for the initial extension of the sewer line to serve the
property. This sewer line must necessarily be sized to serve a much
larger area that the project area. The City is willing to aid the developer in
the formation of a Planned Sewer Area and/or an Assessment District to
provide a mechanism for the reimbursement of oversizing costs to the
developer.
d. 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
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Exhibit C
GPAlZC 05-1361
Conditions of Approval
and approved by the City Engineer, and shall provide the greatest benefit
to the storm drain system with the least maintenance cost.
6. 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.
7. 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.
8. Access to the project area from Morning Drive 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.
9, It is required that Mornin9 Drive be dedicated and improved to 114 foot wide right
of way upon any subsequent development.
Citv Attornev Condition
10. 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 preceding,
fallin9 under this condition within thirty (30) days of actually receiving such claim.
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Exhibit C
GPAlZC 05-1361
Conditions of Approval
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 22nd day of June ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4356 passed by the
Bakersfield City Council at a meeting held on the 21st day of June. 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONING MAP 103-24) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY
DWELLING) TO R-2 (LIMITED MULTIPLE-FAMILY DWELLING) ON
4.60 ACRES, GENERALLY LOCATED ON THE WEST SIDE OF
MORNING DRIVE (FUTURE), APPROXIMATELY 1,000 FEET
SOUTH OF STATE ROUTE 178 (ZC NO. 05-1361)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: ~~ ~
DEPU Ci Clerk
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