HomeMy WebLinkAboutORD NO 4381
4881
ORDINANCE NO.
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 124-20) OF TITLE
SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY
CHANGING THE ZONING FROM A (AGRICULTURE) TO R-1 (ONE-
FAMILY DWELLING) ON 52.29 ACRES. LOCATED WEST OF
COTTONWOOD ROAD. BETWEEN EAST PANAMA LANE AND
PACHECO ROAD. (FILE # 05-0940)
WHEREAS, in accordance with the procedure 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 west of Cottonwood Road,
between East Panama Lane and Pacheco Road.
WHEREAS, by Resolution No. 62-06 on March 16, 2006 the Planning
Commission recommended denial of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-0940 as delineated on attached
Zoning Map No. 124-20 marked Exhibit IA-4", and this Council has fully considered
the recommendations made by the Planning Commission as set forth in that
Resolution; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which found a negative declaration of
environmental impact and changes in zoning of the subject property from A
(Agriculture) to R-1 (one-family dwelling) on approximately 52.29 acres should not
be adopted because the propsal, as presented, was inconsistent with the
surrounding land uses; and
WHEREAS, the Council has considered said findings; and
WHEREAS, the law and regulations relating to the preparation and adoption
of Negative Declarations, as set forth in CECA and City of Bakersfield's CECA
Implementation Procedures, have been duly followed by city staff, Planning
Commission and this Council; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on February 1, 2006, in accordance with CECA; and
WHEREAS, the general plan designation for this area allows residential
development; and
WHEREAS, the City Council held a public hearing on the petition to change
the land use zoning of those certain properties in the City of Bakersfield generally
located west of Cottonwood Road, between East Panama Lane and Pacheco Road
and the applicant's appeal of the Planning Commission's March 15, 2006
recommendation; and
WHEREAS, the City Council reviewed the matter, including additional
testimony and supplemental information on May 24, 2006 and August 16, 2006;
and
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WHEREAS, the City Council has considered and hereby makes the
following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been
followed.
3. Based on the Initial Study, supplimental studies, comments received,
and project revisions, 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 revised project has incorporated additional mitigations, as
described in Exhibit A-1, which reduce impacts to less than
significant.
5. The revised project, as shown on Exhibit A-5, is consistent with the
surrounding land uses.
6. The revised project, as shown on Exhibit A-5 is consistent with the
Metropolitan Bakersfield General Plan.
7. The public necessity, general welfare and good planning practices
justify the revised zone change, as shown on Exhibit A-4.
8. 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 purpose 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 Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is
rebutted by the above-reference absence of evidence in the record
and the Lead Agency's decision to prepare a Negative Declaration
for this project.
SECTION 1.
NOW, THEREFORE. BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
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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. No. 124-20 marked
Exhibit "A-4" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "A-3 ".
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A-1", subject to approval of GPA
No 05-0940.
5. The appeal is upheld.
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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MlGfNAL
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 SEP 1 3 z006 by the following vote:
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ABSTAIN:
ABSENT:
cOUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNclLMEMBER
cOUNCILMEMBER
cOUNclLMEMBER
PAMELA A. McCARTHY, C
CITY CLERK and Ex Officio lerk of the
Council of the City of Bakersfield
APPROVED
SEP 1 3 2006
HARVE L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ;Jbw:; 7n- ~
Exhibit A-1 - Mitigations and Conditions of Approval
A-2 - Location Map
A-3 - Legal Description
A-4 - Zoning Map No. 124-20
A-5 - Revised Project
S:\GPA 1st 2006\05-0940\Resolutions\August 2006\Olc-cc-approvaI.DOc
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EXHIBIT A-1
Mitigations and Conditions of Approval
General Plan Amendment/Zone Change No. 05-0940
Public Works
1. 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 Cottonwood Road to arterial standards and
East Fairview 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. 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
may participate in the development of a Planned Drainage Area and shall provide
a drainage study for the GPAlZC area, showing its proportionate share of the
necessary ultimate storm drainage facilities. This sump must be located on the
periphery of the GPAlZC area so that additional area may be served. The study
shall be approved and any required retention site and necessary easements
dedicated to the City. If a tentative subdivision map over the entire GPAlZC area
is submitted, dedication can be provided with the map.
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 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.
2.
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. For orderly development.
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Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 2 of 6
3. 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. For orderly development.
4. The Fairview Road crossing of the Central Branch Canal must be constructed.
Developer is responsible for the construction of this crossing. The developer
may aid in the formation of a Major Bridge and Thoroughfare District to obtain
reimbursement for the construction of the crossing. For orderly development.
Citv Attornev Conditions
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.
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.
Air Qualitv Mitioations
6. 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 latest URBEMIS 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 issuance
of any building permit that they will/have met the following air quality
mitigation measures:
a. Although the proposed project will result in emissions that are considered to be
"less than significant" levels for ROG and NOx, the following mitigation measures
were identified and utilized to further reduce project emissions based on project
design, standard construction practices and current regulations:
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Exhibit A-1
Condition of Approval
GPA/ZC 05-0940
Page 3 of 6
PM10 Mitigation Measures
A. The project will maintain compliance with all SJVAPCD Regulation VIII
req uirements:
· Water all unpaved or haul road surfaces as needed.
· Limit speed on all unpaved roads to 15 mph.
· Water any exposed ground surfaces as needed.
· Stabilize all disturbed areas including inactive storage piles on an
as needed basis.
· Maintain at least a 6 inch freeboard space during transport of
materials and/or cover and wet to limit dust emissions.
· Remove mud or dirt accumulations on public roadways at the end
of the day or immediately when track out exceeds 50 or more feet.
· Cease grading activities during periods of high winds where
entrainment of dust will exceed the SJV APCD 20 percent opacity
requirement.
Measures to Reduce Construction Equipment Exhaust
B. Construction equipment mitigation measures:
· Limit idling to no more than 20 minutes at a time.
· All construction equipment shall be maintained to
manufacturers' specifications.
· Where possible electric equipment shall be used in lieu of diesel
or gas powered equipment.
· Encourage employees at the construction sites to carpool to and
from work as well as during established lunch hours.
Design Features Mitigation Measures
C. The mitigation measures included here are based upon those available in
the URBEMIS 2002 emissions modeling program. These measures
provide emission reductions for the proposed project's long term
emissions (reductions once the project has been completed).
· Provide adequate street lighting.
· Provide sidewalks and pedestrian signs and signalization where
appropriate.
· Pedestrian safety designs/infrastructures shall be provided at
crossings.
· When Transit becomes available to the site, signs, displays,
benches and turnouts shall be provided as needed.
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Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 4 of 6
Cultural Impact Mitioation Measures
7. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
8. 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 Mitioation Measures
9. In order to maintain acceptable Levels of Service (LOS) and mitigate the 2030
Future traffic volumes plus project generated traffic impacts to intersections and
segments, the improvements summarized below are needed to the roadway
network. It is assumed that the improvements needed to the roadway facilities
for Existing and 2030 Future traffic will be in place prior to the addition of the
project generated traffic at full build-out.
Signalization - As a general note, intersection signalization should incorporate
signal interconnect conduit in order to provide coordination along the arterial
roadways and to facilitate the use of TSM measures during peak periods. If
signalization is required due to the addition of project traffic, a mitigation measure
is noted (refer to Table 1, Executive Summary of Impacts, of the Traffic Impact
Study). However, no signalization is required due to the addition of project
generated traffic.
Intersection Improvements - The specific mitigation measures recommended for
individual intersections are detailed on Table 6, Intersection
ImprovementlMitigation/Pro-Rata Share, of the Traffic Impact Study. Intersection
improvements required for Existing and Year 2030 future traffic are noted (refer
to Table 1, Executive Summary of Impacts of the Traffic Impact Study). If
intersection improvements are required by the addition of project generated
traffic, a mitigation measure is noted (refer to Table 1, of the Traffic Impact
Study). The following intersections require improvements due to the addition of
project generated traffic: Fairview Road & Project Entrance #1 - construct
intersection, and Cottonwood Road & Project Entrance #2 - construct
intersection.
Segment Improvements - Table 9 Roadway Segment Laneage, of the Traffic
Impact Study reflects the laneage recommended for Existing, 2030 Future Traffic
and Year 2030 Future traffic plus project traffic in order to achieve LOS C as
determined by a Volume to Capacity ratio of less than 0.80. If additional lanes
are required for existing or 2030 Future Impacts of the Traffic Impact Study. If
additional lanes are required by the addition of the project traffic, a mitigation is
noted (refer to Table 1 of the Traffic Impact Study). Fairview Road west of
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Exhibit A-1
Condition of Approval
GPA/ZC 05-0940
Page 5 of 6
Cottonwood Road required a construction of project frontage due to the addition
of project generated traffic.
Bakersfield Municipal Airport Compatibility
10. With the recordation of final subdivision maps within the GPAlZC area, overflight
easements shall be granted to the City of Bakersfield for all residential lots.
Overflight easements shall grant all rights deemed necessary by the City of
Bakersfield to ensure that the development of said property will neither impede
airport operations nor result in flight hazards, including but not limited to the
following: to make flights and associated noise in airspace over said property; to
regulate or prohibit the release of any substance into the air which might interfere
with aircraft operation; to regulate or prohibit light emissions which might interfere
with pilot vision; and to prohibit electrical emissions which might interfere with
aircraft communications systems or aircraft navigational equipment.
For public health, safety and welfare.
11. With the recordation of final subdivision maps within the GPAlZC area, a notice
shall be recorded on the deeds of all residential lots disclosing that the properties
are in an area subject to aircraft overflights, and as a result, residents may
experience inconvenience, annoyance and discomfort arising from the noise of
such operations. The notice shall also state that State law establishes the
importance of public use airports for the protection of the public interest of the
people of the State of California and that residents of property near a public use
airport should, therefore, be prepared to accept such inconvenience, annoyance
and discomfort from normal aircraft operations.
For public health, safety and welfare.
Noise and Odor Mitications
(Acoustical Analysis, Sheldon Property, Kern County, California, by Brown-Buntin Associates,
Inc., April 17, 2006, and Odor Impact Analysis, 52.29-acre residential development, APN 414-
190-05, Cottonwood Road, North of Panama Lane, Kern County, CA, by Insight Environmental
Consultants, April 2006)
12. Prior to the issuance of building permits within the GPAlZC boundary or within a
smaller area identified by the Planning Director, the owner/subdivider shall
construct a 7 -foot tall block wall on perimeter property lines. This wall shall be
extending at least 1,150 feet west of the southeast corner of the project area and
at least 650 feet north of this corner. Along the street side of the wall shall be 24
inch box trees such as Gracilior Fern Pine (Podocarpus), Sideroxyllon
(Eucaliptus), Umbellularia (California Lauel), or Eldarica Pine, spaced no farther
apart than 25-feet. The trees shall be placed within a private landscape lot at
least 7 feet wide and located between the solid wall and the poultry farm
a. Based on the conclusion in the acoustical study, staff recommends that along
Cottonwood Road, the 7-foot tall solid wall be at least 225 feet from the feed
mill and habitable structures be setback at least 25-feet from the wall.
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Exhibit A-1
Condition of Approval
GPAlZC 05-0940
Page 6 of 6
b. Prior to the recordation of any land division, or the issuance of building permits
within the project boundary, the 55 dBA measured from the feed mill shall be
plotted to scale and shown on subsequent land divisions maps and building
plans within the 55 dBA or higher contour intervals.
c. Prior to the construction of multiple story dwelling on property containing
contours in excess of 55 dBA, the subdivider shall submit a supplemental
acoustical analysis with appropriate noise mitigations for multiple story
dwellings to the Planning Director for review and approval.
To mitigate for potentially significant noise and odor impacts.
13. If the landscape lot is not accepted by a maintenance district, then prior to the
recordation of any land division or the issuance of building permits, the applicant
shall form a home owner's association to maintain the noise and odor attenuation
mitigation improvements (wall and landscaping) indefinitely. Prior to their
recordation, the C.C. & R.s shall be submitted to Planning Department and the
City Attorney for review and approval.
For orderly development.
14. No habitable structures will be permitted within either the peak odor threshold
area or the "Airport runway clear space." As shown on Exhibit A-5.
For potentially significant odor and overflight safety impacts.
15. With the recordation of final subdivision maps within the GPAlZC area, a notice
shall be recorded on the deeds of all residential lots disclosing that the properties
are in an area subject to a potential off-site source of odor, specifically the
existing poultry ranch 5110 East Panama Lane, and as a result, residents may
experience inconvenience, annoyance and discomfort arising from the odors of
such operations. The notice shall also state that residents of property near said
agricultural use should, therefore, be prepared to accept such inconvenience,
annoyance and discomfort from normal poultry ranching operations. The notice
shall be submitted to the Planning Director and the City Attorney for approval,
prior to its concurrent recordation with the aforementioned land division. Added
by the City Council on August 16, 2006
For potentially significant odor impacts.
Updated 8/22/06
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Exhibit A-2 - Location Map
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Exhibit A-3 - Legal Description
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EXHIBIT "A"
PROPOSED ZONE CHANGE LEGAL DESCRIPTION
PROPOSED R-1 (FROM A)
BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 30 SOUTH,
RANGE 28 EAST, MOUNT DIABLO BASELINE AND MERIDIAN, CITY OF BAKERSFIELD, COUNTY
OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 20, SAID POINT ALSO BEING
ON THE CENTERLINE OF COTTONWOOD ROAD, THENCE ALONG THE FOLLOWING FIVE (5)
COURSES:
1) SOUTH 00008'29" EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A
DISTANCE OF 1,320.76 FEET; THENCE
2) SOUTH 89055'45" WEST, ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
SOUTHEAST QUARTER OF SAID SECTION 20, A DISTANCE OF 1,684.80 FEET TO
THE SOUTHEAST CORNER OF TRACT NO. 1798 AS FILED IN MAP BOOK 9, AT
PAGE 39, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
3) NORTH 06034'00" WEST, ALONG THE EASTERLY LINE OF SAID TRACT NO. 1798, A
DISTANCE OF 1,286.28 FEET TO THE NORTHEAST CORNER OF SAID TRACT NO.
1798, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF TRACT NO. 1337, AS
FILED IN MAP BOOK 5, AT PAGE 181, IN THE OFFICE OF THE KERN COUNTY
RECORDER; THENCE
4) NORTH 00033'30" EAST, ALONG THE EASTERLY LINE OF SAID TRACT NO. 1337, A
DISTANCE OF 43.00 FEET TO A POINT ON THE EAST-WEST MID':SECTION LINE OF
SAID SECTION 20; THENCE
5) NORTH 89056'15" EAST, ALONG SAID MID-SECTION LINE, A DISTANCE OF 1,828.22
FEET TO THE POINT OF BEGINNING.
CONTAINING 53.34 ACRES, MORE OR LESS.
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Exhibit A-4 - Zoning Map No. 124-20
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Exhibit A-5 - Revised Project
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f)RI~INA~
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 14th day of September ,2006 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4381 passed by
the Bakersfield City Council at a meeting held on the 13th day of September. 2006
and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-20)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-1 (ONE FAMILY DWELLING) ON 52.29 ACRES, LOCATED
WEST OF COTTONWOOD ROAD, BETWEEN EAST PANAMA
LANE AND PACHECO ROAD. (FILE # 05-0940).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:" #I; -t~~g
DEPU Y Clerk
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