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Home My WebLink AboutORD NO 4361 ORDINANCE NO. 4361 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING SECTION 17.06.020 (ZONING MAP 101-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE FAMILY DWELLING) ON 66.25 ACRES, GENERALLY LOCATED AT THE SOUTH SIDE OF SEVENTH STANDARD ROAD, EAST SIDE OF CALLOWAY CANAL (ZC NO. 05-1450). 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. 85-06 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. 05-1450 as delineated on attached Zoning Map 101-01 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 (Agricultural) to R-1 (One Family Dwelling) on 66.25 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 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. 85- 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 effect on the environment. A Negative Declaration was prepared for the project in accordance with CEQA. . I,M/;-' 0'< 1)0 'n 1 >- '-)hi(jiNAI .!""h ¡--'-' (.~ , 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 101-01) 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 101-01 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. 05-1450. 2 ý,M¡::", «. 'TÚJ o -\", >- _0 :..- ~I é _ ~. nq¡f·;\NAI _........._-"._---~._-"..-..__._--.._-"--~.-_._--_.._--- 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--------- 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 JUN 2 1 2006 by the following vote: QY~ NO : ABSTAIN: ABSENT: ~ ~ COUNCILMEMBER COUCH, CARSON, BENHAM. MAGGARD, HANSON. SULLIVAN, SCRIVNER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER {l¡~ðA fLffi¡r'fff PAMELA A. McCARTHY, C CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 1 2006 APPROVED as to form VIRGINIA GENNARO City Attorney BY:~?70~ Exhibit A - Zoning Map 101-01 B - Zone Change Legal Description C - Mitigation/Conditions of Approval CK, S:IGPA 1st 2006105,1450lResolutionslCC ZC Ordinance.doc 3 X \)A.Kf1' o ,!;-, := ~ :S f::! 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E!'i 'I'- .~' I " I t> ;¡ '=! ~~'l' I ~:;. 1\1 5'" ~¡-. ;¡. ,..; f: ~; ~.....: :~ j ¡¡~ , I , I~! I ; ir:. fit, . ;;~~ i -5 . I~ . "1 ~ .. . . ~, I. h ~ ;:!.- ~ .... ...~ !:~ f"'" . ~':: ,!~ !~~ ¡.õ ¡ ··t· ì q:.. .;;~,,~ Ï'E ~ .;;' ..~~r ...~e , ~ ~Ìf" ~ ~ç fãi . t- I I I 1 I I < I I I I 1-------- I :Ii I '"' L__, ~ ",.,,""" r :\ : æ L..____ ___ } . ~ i I ! <.. ,?>AK o ZONING MAP 101,01>:; () ·tP I:c: '" ,~- <::.- ìHI(;¡I'JAr Exhibit B Zone Change Legal Description "M,,:s> .~ ú' 1.._1 -(\ :> ill r ~ ~7 (':-., ORIGINAl ~- .._-"' "'_ "'C .___..____.___._..____.~,.._._.__.__..___._._.".'u Legal Description General Plan Amendment/Zone Change From A to R-1 BEING PARCEL 4 OF PARCEL MAP WAIVER NO.1 0-95, AS EVIDENCED BY A CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 21, 1996 AS DOCUMENT NO. 0196151074 OF OFFICIAL RECORDS, BEING THAT POR- TION OF PARCEL A OF PARCEL MAP NO. 1340, IN THE UNINCORPOR- ATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RE- CORDED JANUARY 7, 1974 IN BOOK 8, PAGE 118 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING EAST- ERL Y OF THE CALLOWAY CANAL. Contains: 66 :t Acres -, l!ti:~~;/E?~4J~ ,fI,( c;r:"J; oj' *,'dl f: ....vv..., J;~ 'i / / I~ \~\ /0 r~-O~J /~ '\\ ~, ... ,~~, f. \:"\,0,,; c. , \'\ \ _,~<" . I \,,', A"l" ....,:.:ro, 0.3\;':_ ,;':;' I.! ~~~~~~:!~i~:~~i> GPAlZC-7thStandard&CallowayCanal-Legal ~ <Q"'k~-9 a % ;:... - I- rT1 _ r- (.;) 0 ORIGINAL Exhibit C Mitigation/Conditions of Approval 'òA.K[1' ~ ~ >- - .... m _ r- o t:J 'JRIGiNAI EXHIBIT C Conditions of Approval General Plan Amendment/Zone Change No. 05-1450 Air Qualitv 1. Although the proposed project will result in emissions that are considered to be "less than significant" levels for ROG, NOx, SOx, and PM10, the following mitigation measures were identified and utilized to further reduce project emissions based on project design, standard construction practices and current regulations. 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: A. The following mitigation measures can be utilized during the construction phase of the project to reduce 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 sites. · Use electrical 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. · All disturbed areas, including storage piles, which are not being actively uti81ized 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 onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabi lizer/suppressant. · All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & 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 material 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 materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabil izer/suppressant. '0Þ-Kf 0 'ÎtfJ ~ > in (.,. " "HI(~iNA\' Exhibit A Conditions of Approval Page 2 of6 · Within urban areas, trackout 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 trackout. · 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. · 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 the SJVAPCD Regulation VIII. B. The following mitigation measures can be utilized during the operations phase of the project to reduce emissions: · Homes shall be designed to exclude fireplaces. · To encourage pedestrian traffic, prior to the completion of the construction phase, the developer shall install sidewalks throughout the project. Cultural Impact Mitiaation Measures 2. If archaeological resources are encountered during the course of construction, a qualified archaeologist shall be consulted for further evaluation. 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. Traffic Impact Mitiaation Measures 4. All study intersections and roadway segments in the project area can be mitigated to operate at an acceptable level of service in the year 2025 plus project traffic with improvements including signalization and/or expansion. The following mitigation measures will maintain or improve the operational level of service of the street system in the vicinity of the project: ò Þ-K t)-, ,~ "Ý '-I '--(\ >- m ,- -:"=1 C -'r'I:¡IC;\NAl' ~. '~"'''._-''''--~------'- ~_._-_._.__.-~.. ..----.'.,..-. Exhibit A Conditions of Approval Page 30f6 Jewelta Ave & Seventh Install signal - 2 EBL, 2 Install signal - Add 1 NBL. 2.31% Standard Road EBT, 2 WBL, 2 WBT. 1 1 NBT. 2 SBL, 1 SBT, 1 WBR. 1 NBL. 1 NBT. 2 SBL, SBR 1 SBT. 1 SBR Verdugo Ln & Seventh Install Signal - 1 EBL. 2 Add 1 NBL, 1 SBL 1.48% Standard Rd EBT. 1 WBL. 2 WBT. 1 NBL. 1 SBL Calloway Dr & Seventh Install Signal - 2 EBL, 2 Add 2 SBL. 2 SBT, 1 SBR 1.22% Standard Rd EBT. 1 EBR. 2 WBL. 2 WBT. 1 WBR. 2 NBL, 2 NBT, 1 NBR, 2 SBL, 2 SBT, 1 SBR Quail Creek Rd & Seventh Install Signal - 1 EBL, 2 Install Signal - Add 1 SBL 1.1% Standard Rd EBT. 1 WBL. 2 WBT, 1 NBL, 1 SBL Jewetta Ave & Snow Rd Install Signal - 1 EBL. 1 Add 1 SBL 6.28% EBT. 1 WBL, 1 WBT. 1 NBL. 1 SBL Norris Rd & Snow Rd Install Signal- 1 EBL, 1 Add 1 NBL, 1 SBL 3.67% WBL 1 NBL. 1 SBL Calloway Dr & Norris Road Install Signal - 1 EBL, 1 Add 1 EBL. 1 NBT 1.93% NBT, 1 NBT. 1 SBT Calloway Dr & Olive Dr 1 EBL', 1 EBT', 1 WBL', 1 Add 1 SBL', 1 SBT'" 1.4% WBT'. 1 NBL '. 1 NBT'". 1 SBL' 1 SBT'" 7 Standard Road: Jewetta Ave to Quail Creek Road Notes: NB=Northbound SB=Southbound WB=Westbound EB=Eastbound * = Stri in ani. Intersection widened to ultimate ca ac· L=Left Tum Lane T=Through Lane R=Right Turn Lane Citv Attornev 5. 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. ~"KF'. / v .~^"' ''!- '<5' ~_I .-r, '> m .- ., !_, ()~,¡(:\NA;--' Exhibit A Conditions of Approval Page 4 of 6 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, 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. Callowav Canal 6. If Calloway Canal is relocated, a buffer must be maintained between the project and the Rural Residential area to the south of the project. The buffer shall be determined by the Planning Commission. Public Works Department 7. 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 Seventh Standard Road and Jewetta Avenue to arterial standards and Etchart Road to collector 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. The study shall be approved and any required retention site and necessary easements dedicated to the City. c. 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. 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. 8. 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 ~);",K(,n <~ ';:j~. " "'í)~i(;\Nl\! .T ,- ;'" Exhibit A Conditions of Approval Page 50f6 subdivision map, Site Plan Review, or application for a lot line adjustment for any portion of this GPA area. It is required that the developer join the North of the River Park Maintenance District. 9, Seventh Standard Road shall be constructed as a limited access control 6-lane expressway with full access signalized intersections permitted at minimum Y:z mile spacing. No other intermediate street intersections will be permitted. 10, 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. 11. Payment of median fees for the arterial frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. 12. 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. 13. The Seventh Standard Road, Jewetta Avenue, Etchart Road and Snow Road crossings of the Friant Kern and 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. 14, Access to Seventh Standard Road shall not be allowed, except at Jewetta Avenue. 15 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. 16. No two story homes at south end of project next to canal, and the conditions in this memo. 17. Upon 50% of development within the General Plan Amendment area, Developer shall construct the necessary bridge on Jewetta Avenue crossing the Calloway Canal. Said bridge shall be designed and constructed to ultimate width necessary to support a full arterial street section. 'òi\f((- (, -? C).... <.P --e, m ,-. " --; ':>... ·'HW;iNAl" Exhibit A Conditions of Approval Page 6 of 6 In addition to the bridge construction, developer shall also acquire right of way for the west side of Jewetta Avenue south of the General Plan Amendment area from its south boundary to Snow Road. Said right of way shall be for the full half road including that area necessary for the expanded intersection of Jewetta Avenue and Snow Road. Developer shall also be required to construct the full west half of Jewetta Avenue from its south boundary to snow road including a six (6) foot high masonry block wall. All above improvements shall be placed within a Major Bridge and Thoroughfare District, prior to the recording of a subdivision map, to have the costs pro~ortionately distributed within the District area to be bounded by Snow Road to the South, 7' Standard Road to the north, Old Farm Road to the West and the Friant Kern Canal to the east. ;J)ÀK(ý ~$- ¡Jì ,~ "" '>- m -" ,.. ,;; t). 1¥.·ql{~iNAt 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. 4361 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 101-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE-FAMILY DWELLING) ON 66.25 ACRES, GENERALLY LOCATED AT THE SOUTH SIDE OF SEVENTH STANDARD ROAD, EAST SIDE OF CALLOWAY CANAL (ZC NO. 05-1450) PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield By: ,~~ µ DEPLJ Cit lerk S:\DOCUMENTlFORMSIAOP. ORD .wpd It>i<K£1 ,'< d' \..) '-<;\ > (T. " ~. ,~, ..... h' 01-":-,(:;'1;\11-',1