HomeMy WebLinkAboutORD NO 4360
ORDINANCE NO.
4360
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 104-15)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING ZONE) ON 74.71 ACRES,
GENERALLY LOCATED ON THE WEST SIDE OF MIRAMONTE
DRIVE, APPROXIMATELY ONE-HALF MILE SOUTH OF STATE
HIGHWAY 178 (ZC NO. 05-1343).
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 to be annexed into the
City of Bakersfield generally located on the west side of Miramonte Drive, approximately one-
half mile south of State Highway 178; and
WHEREAS, by Resolution No. 61-06 on March 16, 2006, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve Zone Change No. 05-1343 as delineated on attached Zoning Map 104-15 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 74.71 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 10, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for low density 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. 61-06, adopted on March 16,
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 effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
4. The proposed project is consistent with the surrounding land 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."
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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 to be annexed into the City of Bakersfield, the boundaries of
which property are shown on Zoning Map 104-15 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. 05-1343.
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 ad.ffl~~ ~y ZM6
Council of the City of Bakersfield at a regular meeting thereof held on
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
PAMELA A. McCARTHY, CM
CITY CLERK and Ex Officio C rk of the
Council of the City of Bakersfield
APPROVED
JIJN 2 1 2006
HAR EY L. HALL
Mayor of the City of Baker field
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: !&fµC7J0 7l1lv/lr
Exhibit A - Zoning Map 104-15
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 104-15
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ZONE CHANGE 05-1343 (ANNEXATION)
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Exhibit B
Zone Change Legal Description
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EXHIBIT "A"
LEGAL DESCRIPTION
FOR
ZONE CHANGE FROM CITY A TO R-1
All that portion of the South half of Section 15, Township 29 South, Range 29 East, Mount
Diablo Meridian, in the County of Kern, State of California, more particularly described as
follows:
Commencing at the Southeast corner of said Section 15; Thence South 89°59'35" West
along the South line of said Section 15, a distance of 462.09 feet to the point of
beginning;
Thence (1) continuing South 89°59'35" West along said South line, a distance of
1287.62 feet;
Thence (2) North 00°12'48" East, a distance of 2642.70 feet to a point on the North
line of the South half of said Section 15;
Thence (3) North 89°58'23" East along said North line, a distance of 1634.11 feet to
the beginning of a non-tangent curve concave northwesterly and having a
radius of 1,155.00 feet, from which beginning of curve a radial line bears
North 70°52'55" West. Said beginning of non-tangent curve being a point
on the westerly right-of-way line of Miramonte Drive;
Thence along said westerly right-of-way the following five courses;
Thence (4) southeasterly along said non-tangent curve through a central angle of
06°32'25", an arc distance of 131.84 feet;
Thence (5) South 25°39'30" West, a distance of 967.62 feet to the beginning of a
curve concave easterly and having a radius of 1,245.00 feet;
Thence (6) southerly along said curve through a central angle of 38°03'30", an arc
distance of 826.98 feet;
Thence (7) South 12°24'00" East, a distance of 641.04 feet to the beginning of a curve
concave easterly and having a radius of 1,245.00 feet;
Thence (8) southerly along said curve through a central angle of 10°28'50", an arc
distance of 227.74 feet to the point of beginning.
Page 1 of 1
Contains 74.71 acres more or less.
Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 05-1343
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 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:
PM10 Mitigation Measures
A. The criteria pollutant most affected by the proposed mitigation measures will be
PM10 As the project will be completed in compliance with SJVAPCD Regulation
VIII, dust control 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) 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 at the end of each workday. (Use of dry rotary brushes is
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Exhibit C
GPNZC No. 05-1343
Conditions of Approval
prohibited except when preceded or accompanied by sufficient wetting to
limit visible dust emissions 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 (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. 05-1343
Conditions of Approval
· 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 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 are recommended to further reduce the
potential for long term emissions from 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:
Page 3 of 7
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Exhibit C
GPA/ZC No. 05-1343
Conditions of Approval
· Rapid cure cutback asphalt;
· Medium cure cutback asphalt;
· Slow cure cutback asphalt (as specified in SJV APCD Rule 4641,
Section 5.1.3); or
· Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section
5.1.4).
Mitigation for potentially significant air quality impacts.
Bioloaical Resources:
2. Prior to development, the applicant shall ensure that all construction personnel have
been trained by a qualified biologist in sensitive species identification and avoidance
techniques and instructed to be on the lookout for kit fox sign during earth disturbance
phases of construction, Any evidence, such as dens, shall be reported to the reviewing
agencies for resolution. Mitigation for potentially significant biological resource impacts.
3, Within 30 days of initial ground disturbance, the applicant shall conduct California
Department of Fish and Game protocol level Blunt-Nosed Leopard Lizard (BNLL)
surveys to determine if BNLL are present on the project site. Any evidence shall be
reported to the reviewing agencies for resolution. Mitigation for potentially significant
biological resource impacts.
4. Within 30 days of initial ground disturbance, the applicant shall conduct a
preconstruction clearance survey in accordance with the provisions of the MBHCP. Any
identified San Joaquin Kit Fox dens or Burrowing Owl nest sites shall be monitored,
excavated, and backfilled in accordance with the recommendations of the MBHCP, the
CDFG, and the USFWS. In accordance with CDFG recommendations, the
preconstruction clearance survey shall be conducted on no more than 50-foot intervals
during the immediately preceding BNLL survey window. Mitigation for potentially
significant biological resource impacts.
Cultural Resources:
5. 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. Mitigation for potentially significant cultural resource
impacts.
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Exhibit C
GPAlZC No. 05-1343
Conditions of Approval
6, 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. Mitigation for potentially
significant cultural resource impacts.
T ransportationlT raffic
7. 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. Mitigation for significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Multi-Use Trail:
8. With future development, the applicant shall provide a multi-use trail on the west side of
Miramonte Drive along the project frontage to the standards depicted in Diagrams Band
C of the Specific Parks and Trails Plan for Northeast Bakersfield; in accordance with the
Plan, the park acreage dedication/in lieu fee requirements for the subdivision of the
GPAlZC area shall be 2 acres per 1,000 population. For orderly development.
Public Works:
9. 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 Miramonte Road(s) to collector or local
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. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 sump may be utilized to serve this area; these sumps
should be located so that they may be available to serve adjacent areas as they
develop. If only one sump is utilized to serve this GPAlZC area, it need not be so
Page 5 of 7
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Exhibit C
GPA/ZC No. 05-1343
Conditions of Approval
located. The study shall be approved and any required retention site and necessary
easements dedicated to the City.
c. 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.
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 and approved by the City Engineer, and shall provide the
greatest benefit to the storm drain system with the least maintenance cost.
For orderly development.
10. 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. For orderly development.
11 . The traffic study shows connection of a local street from the project extension west to
Comanche Drive. Approximately 29% (98 equivalent dwelling units) of the project traffic
utilizes this connection. Timing of this connection shall be made based upon an
approved phasing plan and constructed to a minimum paved width of 32 feet plus
graded shoulders. The connection at Comanche Drive shall include widening those
respective streets to provide left and right turn channelization. For orderly development.
12. Rio Bravo NO.3 annexation provided for a reimbursement agreement for improvements
required in Public Works Conditions 3 through 12 (Ordinance No. 4271). Said
agreement would provide for funds collected from areas benefited by those
improvements. This proposed development is immediately west of Rio Bravo NO.3 and
will benefit from some or all of those improvements. The applicant shall participate in
any reimbursement agreements or benefit districts associated with these improvements
to the satisfaction of the City Engineer. For orderly development.
13. Prior to recordation of any subdivision map for residential uses, an alternative access
route from Miramonte Road to Comanche Drive shall be available for use. This route
could be either the westerly access referenced in condition 11 above or the Miramonte
RoadlChase Avenue access referenced in condition 3 of Ordinance No. 4271. For
orderly development,
Page 6 of 7
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Exhibit C
GPAlZC No. 05-1343
Conditions of Approval
City Attorney:
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 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.
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 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. 4360 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 104-15)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO
R-1 (ONE-FAMILY DWELLING) ON 74.71 ACRES, GENERALLY
LOCATED ON THE WEST SIDE OF MIRAMONTE DRIVE,
APPROXIMATELY ONE-HALF MILE SOUTH OF STATE HIGHWAY
178 (ZC NO. 05-1343)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~ ~.AAY
DEPU Cit Clerk
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