HomeMy WebLinkAboutORD NO 4396
ORDINANCE NO.
1396
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 124-28)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM R-S-20A
(RESIDENTIAL SUBURBAN 20 ACRE MINIMUM LOT SIZE) TO
R-1 (ONE FAMILY DWELLING) ON 75.2 ACRES, GENERALLY
LOCATED SOUTH OF E. PANAMA LANE AND EAST OF
COTTONWOOD ROAD, AT THE SOUTHEAST CORNER OF
WHERE COTTONWOOD ROAD MEETS THE ARVIN-EDISON
CANAL (ZC NO. 06-0377).
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 south of E. Panama Lane and east of Cottonwood Road, at the
southeast corner of where Cottonwood Road meets the Arvin-Edison Canal; and
WHEREAS, by Resolution No. 185-06 on September 21, 2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-0377 as delineated on attached Zoning Map
124-28 marked Exhibit "A", by this Council and this Council has fully considered the
recommendations made by the Planning Commission as set forth in that Resolution and
restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did make
several general and specific findings of fact which warranted a negative declaration of
environmental impact and changes in zoning of the subject property from R-S-20A (Residential
Suburban 20 acre minimum lot size) to R-1 (One Family Dwelling) on 75.2 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
July 31, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows 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. 185-06, adopted on
September 21,2006:
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.
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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 agencies 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.
as follows:
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be and the same is hereby amended by changing the land
use zoning of that certain property in said City, the boundaries of which
property is shown on Zoning Map 124-28 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.
06-0377.
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---------
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of
the City of Bakersfield at a regular meeting thereof held on DEe 13 2006, by the following
vote:
GiES::>
NOES:
ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
HARVEY L. HALL
Mayor of the City of Bakers
DEe 13 2006
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: &uc~ ~
Exhibit A - Zoning Map 124-28
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
CG - S:\GPA 3rd 2006\06-0377\Resolutions\CC ZC Ordinance 06-0377.doc
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ORIGINAL
Exhibit A
Zoning Maps 104-18 and 104-19
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Exhibit B
Zone Change Legal Description
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Exhibit A
Zone Change Description
APN: 518-010-18
Owners - Knittel Bros., a General Partnership
A portion of the 'South Half of the North Half of Section 28, T. 30 S., R. 28 E., M. D. M.
in the County of Kern State of California, particularly described as follow~:
Commencing at the West Quarter Corner of said section, thence S 89039' 51" E,
along the south line of Southwest Quarter of the Norhtwest Quarter, 1324.21 feet to the'
southeast comer of said quarter and the True Point of Beginning of this description;
thence N 00029'57" E, along east line of said' quarter, 1,156.55 feet t~ the southerly
boundary line of the Avrin-Edison Canal as described in the Finiill_Order in
Condemnation, recorded June 27, 1967 in Book 4066, Page 278 of Official Records;
thence S 89041' 01" E, along said boundary, 1324.26 feet to a point on the east line of
said Northwest Quarter; thence continuing along said boundary, S 890 41' 01" E,
229.89 feet to an angle point in said boundary; thence S 00029' 59" W, along said
boundary, 1,157.07 feet to a point on the east-west centerline of said section; thence
along said centerline, 229.92 feet to the center of said section; thence continuing along
said centerline, S 89039' 51" E, 1324.21 feet to the point of beginning.
Containing 41.273 acres, more or less.,
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Exhibit A
Zone Change Description
APN: 518-010-19
Owners - Patsy Stacy & Dorothy A. Lowry
A portion of the Southwest Quarter of the Northwest Quarter of Section 28, T. 30 S., ,R.
28 E., M. D. M. in the County of Kern State of Califorr'ia, particularly described as
follows: .
Commencing at the West Quarter Corner of said section, N 000 29' 49" E, along the
west line of said section, 1,156.10 feet to the southerly boundary line qf the .' ,
Avrin-Edison Canal as described in that certain agreement modifying the Final Order in
Condemnation, recorded October 20,1972 in book 4737, page 684 of Official Records;
thence S 890 41' 01" E, along said boundary, 1324.26 feet to a point on the east line of
said Southwest Quarter; thence S 000 29' 57" W, al,ong said east Ime, 1,156.55 feet to
the southeast corner of said quarter; thence N 89039' 51"W, along the south line of
said quarter, 1324.21. feet to the point of beginning. I
Containing 35.152 acres, more or less.
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ORIGINAL
Exhibit C
Mitigation/Conditions of Approval
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0PIGINAL
EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-0377
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality
Upon submittal of tentative tract or site plan for approval, the applicant/developer of the
project site shall submit documentation to the Planning Department that they will/have met
the following air quality mitigation measures:
1, The following mitigation measures shall be utilized during the construction phase of the
project to reduce particulate dust emissions:
a, Water exposed soil surfaces a minimum of three times per day, when dust is capable
of drifting from the site, or approaches 20% opacity.
b, Water all unpaved roads a minimum of three times per day, when visible dust is
capable of drifting from the site, or approaches 20% opacity.
c, Reduce speed on unpaved roads to less than 15 miles per hour.
d. Install and maintain a track-out control device that meets the specifications of San
Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8041 if the site exceeds
150 vehicle trips per day or more than 20 vehicle trips by vehicle with three or more
axles,
e, Stabilize all disturbed areas, including storage piles, which are not being actively used
for construction purposes using water, chemical stabilizers or by covering with a tarp,
other suitable or vegetative ground cover.
f, Control fugitive dust emissions during land clearing, grubbing, scraping, excavation,
leveling, grading, or cut and fill operations with application of water or by presoaking.
g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and
cover of effectively wet to limit dust emissions,
h, Limit and remove the accumulation of mud and/or dirt from adjacent public roadways
at the end of each workday,
i. Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizers/suppressants.
j. Remove visible track-out from the site at the end of each workday,
k, Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period),
I. Asphalt-concrete paving shall comply with SJVAPCD Rule 4641 and restrict use of
cutback, slow-cure and emulsified asphalt paving materials,
m, Grading should be conducted in phases,
n. Project site shall not be cleared of existing vegetation cover until required by
construction.
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EXHIBIT C
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
o. The project developer shall revegetate graded areas as soon as it is feasible after
construction is completed.
Mitigation for potentially significant air quality impacts.
2. The following mitigation measures shall be utilized during the construction phase of the
project to reduce equipment exhaust emissions:
a, Maintain all construction equipment as recommended by manufacturer manuals,
b, Shut down equipment when not in use for extended periods of time,
c, Construction equipment shall operate no longer than eight cumulative hours per day.
d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline
powered equipment.
e. Curtail use of high-emitting construction equipment during periods of high or excessive
ambient pollutant concentrations such as "Spare-the-Air" days declared by the
SJVAPCD.
f, All construction vehicles shall be equipped with proper emission control equipment
and kept in good and proper running order to substantially reduce NOx emissions.
g. On-Road and Off-Road diesel equipment shall use aqueous diesel fuel, particulate
filters, and/or cooled exhaust gas recirculation (EGR) if permitted under
manufacturer's guidelines.
h, Use of Caterpillar pre-chamber diesel engines or equivalent shall be used if economic
and available to reduce NOx emissions.
i. All construction workers shall be encouraged to carpool to retail establishments or to
remain on-site during lunch breaks.
J. All construction activities within the project area shall be discontinued during the first
stage of smog alerts.
k, Construction and grading activities shall not be allowed during first stage ozone alerts.
Mitigation for potentially significant air quality impacts.
3, The following mitigation measures are required to further reduce the potential for long
term emissions from the completed project:
a. The project design shall comply with standards set forth in Title 24 of the Uniform
Building Code to minimize total consumption of energy.
b. 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.
c. 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,
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EXHIBIT C
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
d. 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.
e, The developer shall comply with the provisions of SJVAPCD Rule 4601. Application of
architectural coatings shall be completed in a manner that poses the least emissions
impacts when such application is deemed proficient.
f. 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, the
developer shall not allow the use of the following types of asphalt, rapid cure cutback,
medium cure cutback, slow cure cutback, and emulsified.
Mitigation for potentially significant air quality impacts.
Cultural Resources
4. Although no cultural resources were found on the site, there is the possibility that buried
remains could be found during construction or earth disturbing activities. Should the
subsurface archaeological remains be unearthed during construction activity, work in the
area would stop immediately and a qualified archaeologist shall be consulted for further
evaluation. Any measures by the archaeologist shall be complied with at that time.
Mitigation for potentially significant cultural resource impacts.
5, 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.
Traffic
6, Prior to the issuance of any building permit within the GPAlZC area, the developer shall
pay the applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department.
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EXHIBIT C
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
Mitigation for potentially significant traffic impacts.
7. Prior to issuance of the first building permit within the GPAlZC area, the developer shall
pay the proportionate share contributions for the intersection and roadway improvements
not covered by the RTIF as identified in Tables 7 and 8 of the project traffic study
(Ruettgers & Schuler Civil Engineers, February 2006) and in the following tables:
TABLE 1
rovements and Local Miti
1 Cottonwood Rd Install Signal - 1 EBl, 1 Install Signal - 1 EBl, 1 4.43%
& Pacheco Rd WBl, 1 NBl, 1 SBl, 1 SBR WBl, 1 NBl, 1 SBl, 1 SBR
5 Union Ave & 1 EBl, 1WBl, 1WBT 1 EBl 10.54%
Panama In
6 Cottonwood Rd Install Signal- 1 EBl, 1 1 WBl, 1 NBl, 1 SBl 20%
& Panama In WBl, 1 NBl, 1 SBl
7 Cottonwood Rd Install Signal- 1 EBL, 1 Install Signal - 1 EBl, 1 32,65%
& Berkshire Rd WBl, 1 NBL 1 SBL WBL, 1 NBl, 1 SBl
8 Cottonwood Rd Install Signal - 1 EBl, 1 Install Signal- 1 EBl, 1 9.13%
& Hoskin Rd WBl, 1 NBl, 1 SBl WBl, 1 NBl, 1 SBl
9 Cottonwood Rd Install Signal - 1 EBl, 1 1 NBl, 1 SBl 10,83%
& Taft Hw WBl, 1 NBl, 1 SBl
Notes:
NB = Northbound
SB = Southbound
WB = Westbound
EB = Eastbound
l = Left-Turn lane
T = Through lane
R = Right-Turn lane
TABLE 2
rovements and Local Miti
Cottonwood Rd: Planz Rd - Pacheco Rd
Cottonwood Rd: Pacheco Rd - Panama Ln
Panama In: SR 99 - South H St
Panama In: S, Union Ave - Cottonwood Rd
Add 2 lanes
Add 2 lanes
Add 1 lane
Add 2 lanes
Add 2 lanes
10.73%
Mitigation for potentially significant traffic impacts.
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EXHIBIT C
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
8. Along with the submittal of any development plan, prior to approval of improvement plans,
or application for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Cottonwood Road to arterial standards and for
Berkshire and Washington (the north-south collector) to collector standards for the full
frontage of the area within the GPA request. Provide fully executed dedication for
Cottonwood Road from the north boundary of the GPAlZC area to the intersection of
Panama Lane. 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. 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 over sizing
costs to the developer, This GPAlZC area will be served from Wastewater Treatment
Plant #2 - a lift station will be necessary to serve any area south of the Arvin Edison
Canal.
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.
9. Construct full improvements on the east side of Cottonwood Road from the north
boundary of the GPAlZC area to the intersection of Panama Lane upon further
development of the GPAlZC parcel. For orderly development.
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EXHIBIT C
GPAlZC No. 06-0377
Mitigation/Conditions of Approval
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. 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.
12,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. For orderly development,
13, The Cottonwood Road crossing of the Arvin Edison Canal needs widening; the
Washington Street crossing of this canal must be constructed. 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. For orderly development.
14. Local Traffic Mitigation: Pay the proportionate share of the following mitigation measures
(not paid for by the Regional Transportation Impact Fee nor included with normal
development improvements) as indicated in Tables 7 and 8 of the traffic study. An
estimate and fee schedule should be developed by the applicant and approved prior to
recordation of a map or issuance of a building permit. Proportionate shares from the study
as follows (Note: NB - north bound, SB - south bound, WB - west bound, EB - east
bound L - Left turn lane, T-Through lane, R - Right turn lane):
a, Cottonwood Rd & Pacheco Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 1
SBR, 4.43% share
b, Union Ave & Panama Ln, Add 1 EBL 1, 10,54% share
c, Cottonwood Rd & Panama Ln, Add 1 WBL, 1 NBL, 1 SBL, 20% share
d. Cottonwood Rd & Berkshire Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL,
32.65% share
e. Cottonwood Rd & Hosking Rd, Install Signal, Add 1 EBL, 1 WBL, 1 NBL, 1 SBL, 9.13%
share
f, Cottonwood Rd & Taft Hwy, Add 1 NBL, 1 SBL, 10.83% share
g, Cottonwood Rd, Planz Rd to Pacheco Rd, Add 1 lane each way, 3,75% share
h, Cottonwood Rd, Pacheco Rd to Panama Ln, Add 1 lane each way, 4.41% share
i. Panama Ln, Cottonwood Rd to Union Ave, Add 1 lane each way, 10.73% share
1 Striping only.
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EXHIBIT C
GPAlZC No. 06-0377
MitigationlConditions of Approval
j. Panama In & So, H St, Add 1 NBl, 1 SBT, 1 EBT, 1 WBT2, 7.78 % share3
For orderly development.
15. Regional Transportation Impact Fee: Pay the standard residential fees, as adopted at
time of development. For orderly development.
City Attornev
16,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,
2 This leg covered by RTIF,
3 Added mitigation based on review of adjacent project traffic study,
Page 7 of 7
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ORIGINAL
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 December , 2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4396 passed by the
Bakersfield City Council at a meeting held on the 13th day of December, 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONING MAP 124-28) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING
FROM R-S-20A (RESIDENTIAL SUBURBAN 20 ACRE MINIMUM LOT
SIZE) TO R-1 (ONE FAMILY DWELLING) ON 75.2 ACRES, GENERALLY
LOCATED SOUTH OF E. PANAMA LANE AND EAST OF COTTONWOOD
ROAD, AT THE SOUTHEAST CORNER OF WHERE COTTONWOOD
ROAD MEETS THE ARVIN-EDISON CANAL (ZC NO. 06-0377)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
.
BY:~~~~
DEPU Y Ci Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
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ORIGINAL