HomeMy WebLinkAboutORD NO 4439
ORDINANCE NO. 4 4 3 9
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP 142-03)
OF TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL
CODE BY CHANGING THE ZONING FROM A (AGRICULTURE)
TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON 19.55
ACRES, GENERALLY LOCATED ON THE NORTH SIDE OF
ENGLE ROAD, BETWEEN ASHE ROAD AND STINE ROAD (ZC
NO. 06-1039).
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 upon annexation generally on the north side of Engle Road, between Ashe Road
and Stine Road; and
WHEREAS, by Resolution No. 45-07 on March 15, 2007, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 06-1039 as delineated on attached Zoning Map
142-03 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-2
(Limited Multiple Family Dwelling) on 19.55 acres, and the Council has considered said findings
as restated herein and all appear to be true and correct; and
WHEREAS, 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 CECA Implementation Procedures, have been duly followed by city staff and the
Planning Commission; and
WHEREAS, a Negative Declaration with mitigation was advertised and posted on
February 8, 2007, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows residential
development on the approximately 19.55-acre project site; and
WHEREAS, the City Council has considered and concurs with the following
findings made by the Planning Commission as set forth in Resolution No. 45-07, adopted on
March 15,2007: < .
1. All required public notices have been given.
2.
The provisions of the California Environmental Quality Act have been
followed.
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ORIGINAL
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 CECA.
4. The proposed project is consistent with 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."
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 142-03 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.
06-1039.
SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield Municipal Code and
shall become effective not less than thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of
the City of Bakersfield at a regular meeting thereof held on June 6,2007 by the following vote:
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CARSON. BENHAM. WEIR. COUCH. HANSON. SULLIVAN. SCRIVNER
~ COUNCILMEMBER
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
~ COUNCILMEMBER
JUN 6 %001
~~~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Offi 0 Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: 6IdlJt,~
Exhibit A - Zoning Map 142-03
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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Exhibit A
Zoning Map 142-03
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ZONING MAP 1 ~2.0~RIGINALI
Exhibit B
Zone Change Legal Description
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EXHIBIT "A"
ZONE CHANGE
LEGAL DESCRIPTION
LOT 28 OF KERN COUNTY SALES MAP NO.2 OF THE LANDS OF J. B. HAGGIN.
FILED FOR RECORD MAY 24. 1889, IN THE OFFICE OF THE KERN COUNTY
RECORDER, ALSO BEING A PORTION OF THE SOUTHWEST CUARTER OF
SECTION 3. TOWNSHIP 31 SOUTH, RANGE 27 EAST, M.D.M., COUNTY OF KERN,
STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PROPOSED R-2 [EXISTING "A"]
BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 3, SAID POINT
ALSO BEING ON THE CENTERLINE ENGLE ROAD (COUNTY ROAD NO. 334);
THENCE A~ONG THE FOLLOWING FOUR (4) COURSES:
1) NORTH 89010'53" WEST. ALONG THE SOUTH LINE OF THE
SOUTHWEST CUARTER OF SAID SECTION 3 AND SAID CENTERLINE. A
DISTANCE OF 660.55 FEET; THENCE
2) DEPARTING SAID SOUTH LINE AND CENTERLINE. NORTH 00046'09"
EAST. A DISTANCE OF 1327.49 FEET; THENCE
3) SOUTH 89010'12" EAST, A DISTANCE OF 660.59 FEET TO THE NORTH-
SOUTH MID-SECTION tiNE OF SAID SECTION 3; THENCE
4) SOUTH 00046'15" WEST, ALONG SAID NORTH-SOUTH MID-SECT)ON
LINE, A DISTANCE OF 1327.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.13 ACRES, MORE OR LESS.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Mitigation/Conditions of Approval
General Plan Amendment/Zone Change No. 06-1039
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quali~
1. The proposed project will have air pollutant emissions associated with the construction and
occupied use of the project site. 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 all air quality control measures required by the San Joaquin Valley Air Pollution
Control District.
Mitigation for potentially significant air quality impacts.
2. The following measures shall be utilized during the construction phase of the project to mitigate
significant PM-10 impacts:
a. Water all unpaved or haul road surfaces twice each day construction activities occur.
b. Limit speed on all unpaved roads to 15 mph.
c. Water any exposed ground surfaces twice each day construction activities occur.
d. Cover stockpiles with a tarp.
e. Maintain at least a 6-inch freeboard space during transport of materials and/or cover and wet
to limit dust emissions.
f. Remove mud or dirt accumulations on public roadways immediately when track out exceeds
50 or more feet as well as at the end of the workday.
g. Cease grading activities during periods of high winds where entrainment of dust will exceed
the SJVAPCD 20% opacity requirement.
Mitigation for potentially significant air quality impacts.
3. The following mitigation measures shall be utilized during the construction phase of the project to
reduce equipment exhaust emissions:
a. Limit idling to not more that 20 minutes at a time.
b. All construction equipment shall be maintained to manufacturers' specifications.
c. Where possible electronic equipment shall be used in lieu of diesel or gas powered equipment.
d. Encourage employees at the construction sites to carpool to and from work as well as during
established lunch hours.
Mitigation for potentially significant air quality impacts.
4. In order to reduce project related emissions from mobile sources, the following design features
shall be incorporated into the proposed project:
a. Provide adequate street lighting.
b. Provide sidewalks and pedestrian signs and signalization where appropriate.
c. Pedestrian safety designs/infrastructures shall be provided at crossings.
d. When Transit becomes available to the site, signs, displays, benches and turnouts shall be
provided as needed.
Mitigation for potentially significant air quality impacts.
Cultural Resource Mitiaation Measures
5. If archaeological resources are encountered during the course of construction, work shall stop at
the location of the find 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 cultura/ resource impacts.
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EXHIBIT C
GPAlZC No. 06.1039
Mitigation/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.
7. Prior to ground-disturbance activities associated with this project, personnel associated with the
grading effort shall be informed of the importance of the potential cultural and archaeological
resources (Le. archaeological sites, artifacts, features, burials, etc.) that may be encountered
during site preparation activities, how to identify those resources in the field, and of the regulatory
protections afforded to those resources. The personnel shall be informed of procedures relating to
the discovery of archaeological remains during grading activities and cautioned to avoid
archaeological finds with equipment and not collect artifacts. The applicant/developer of the
project site shall submit documentation to the Planning Department that they have met this
requirement prior to commencement of ground-disturbance activities. This documentation should
include information on the date(s) of training activities, the individual(s) that conducted the training,
l;I description of the training, and a list of names of those who were trained. Should cultural
remains be uncovered, the on-site supervisor shall immediately notify a qualified archaeologist.
Mitigation for potentially significant cu/tural resource impacts.
Hazards and Hazardous Materials
8. The following conditions, which address the High Pressure Gas Transmission Pipeline which
traverses the GPAlZC area, shall be met to the satisfaction of the Planning Director:
a. Concurrently with recordation of any phase of a tract map that includes the pipeline easement
or portion thereof, the subdivider shall show the easement on the final map with a notation that
structures including accessory buildings and swimming pools are prohibited within the
easement and shall record a corresponding covenant.
b. Prior to or concurrently with recordation of any phase of a tract map that includes the pipeline
easement of portion thereof, the subdivider shall show on the final map that no habitable
portion of a structure will be built within 50 feet of a gas main, or transmission line, or refined
liquid product line with 36 inches of cover, and shall record a corresponding covenant.
c. No structure shall be built within 40 feet of a hazardous liquids pipeline bearing refined
product, with 48 inches or more of cover. If a pipeline meets this criteria, the 40-foot setback
line shall be shown in the final map and a corresponding covenant shall be recorded prior to or
concurrently with recordation of any phase that is affected.
d. Prior to or concurrently with recordation of any phase of a tract map within 250 feet of the
pipeline easement, the subdivider shall record a covenant disclosing the location of the
pipeline on all lots of the subdivision within 250 feet of the pipeline.
Mitigation for potentially significant hazardous materials impacts.
Traffic Impact Mitiaation Measures
9. 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.
Mitigation for potentially significant traffic impacts.
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EXHIBIT C
GPAlZC No. 06-1039
Mitigation/Conditions of Approval
10. 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 6 and 8 of the project traffic study (Mcintosh & Associates,
September 2006).
Mitigation for potentially significant traffic impacts.
11. The intersection of Taft Hwy and Stine Road requires the following mitigation due to the addition of
project generated traffic: the addition of one eastbound through lane.
Mitigation for potentially significant traffic impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works
12. Along with the submittal of any development plan, prior to approval of improvement plans, or with
the application for a lot line adjustment or parcel merger, the following shall occur:
a. Provide fully executed dedication for Engle Road to arterial standards and for Mountain Ridge
Drive (the midsection collector) 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. The phasing of the construction of these
improvements will be addressed at the development stage.
b. This GPAlZC area is too small to support it's 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. Submit a comprehensive drainage study of the entire
drainage area, to be reviewed and approved by the City Engineer. The study shall show the
development's proportionate share of the necessary ultimate storm drainage facilities. The
developer shall participate in the development of a Planned Drainage Area, or shall provide
some other method for the construction of the ultimate facilities satisfactory to the City
Engineer. Any required retention site and necessary easements shall be 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 andlor an Assessment District to provide
a mechanism for the reimbursement of oversizing costs to the developer. Additionally, this
area is shown in the City's master sewer study as being served by the future Plant 4.
However, the sewer system serving this area can be temporarily lifted into the future Plant 3
Curnow/Romero trunk line.
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.
13. 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 Consolidatect <of>..I(~1>
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EXHIBIT C
GP AiZC No. 06-1039
Mitigation/Conditions of Approval
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.
14. Payment of the proportionate share of the cost of the median 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, whichever occurs first.
For orderly development.
15. Access to the project area from the nearest fully improved public roadway is provided by a sub-
standard road. With the development of the project area, approved, improved access to the site
must be provided on Engle Road. The required improvements shall be half width improvements
meeting City design standards for an arterial road. 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.
16. The Ashe Road, Romero Road, and Taft Highway crossings of the Farmer's Canal need widening.
The Mountain Ridge Drive crossing of the Farmer's Canal and the "gap" in improvements for
Engle Road need to 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.
17. The traffic study prepared by Mcintosh and Associates for a 203 unit single family dwelling
residential development producing approximately 204 PM peak trips has been reviewed by the
traffic Division and it appears to be adequate. For impacted intersections and segments subject to
fair share improvements (refer to Tables 6 & 8 from the project traffic study), prior to subdivision
updated estimates shall be submitted and approved. Unit costs used in the traffic study may be
outdated due to recent rises in construction costs and shall be updated as appropriate. Applicant
shall participate in the improvements required on a pro-rata, fair share basis, prior to the issuance
of building permits, based upon the approved estimates. Based upon the study the following
mitigation measures would be appropriate:
a. Local Mitigation:
i. Stine Rd & Taft Hwy (SR 119), Add 1 EBT, 1 NBR, 1.28% share
ii. Taft Hwy (SR 119): Gosford Rd to Ashe Rd, Add 2 lanes, 0.28% share (*)
iii. Taft Hwy (SR 119): Ashe Rd to Stine Rd, Add 2 lanes, 0.50% share (*)
(..) Adjacent GPA, based on newer model run, showed the need for the added two lanes along Taft Hwy, which is
not covered by the RTIF. The current RTIF shows widening to a 4-1ane facility, new model shows the need for a 6-
lane facility. Percent share shown based upon Mcintosh study's project volumes share of the higher model
volumes.
b. Regional Transportation Impact Fee: Prior to the issuance of building permits, the project
applicant shall participate in the RTIF program by paying the adopted residential fee in place
at time of development.
Mitigation for potentially significant traffic impacts.
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EXHIBIT C
GP AlZC No. 06-1039
Mitigation/Conditions of Approval
Bike Circulation (Planninal
18. Upon submittal of tentative tract maps for approval, the applicant shall provide the right of way for
a Class II bike lane at the south end of the project site along Engle Road.
For orderly development
Odor ImDacts (Planninal
19. Upon submittal of tentative tract maps for approval, the applicant shall submit an odor and vector
impact study.
Mitigation for potentially significant odor impacts.
20. Upon submittal of tentative tract maps for approval, the Planning Commission shall have the
authority to restrict construction of sensitive uses prior to removal of the feedlot operation if it
deems it to be appropriate.
Mitigation for potentially significant odor impacts.
Williamson Act land Use Contract Cancellation (Planningl
21. Prior to annexation of the GPAlZC area under a Williamson Act land use contract, the applicant
shall process a contract cancellation request through the Kern County Planning Department and
obtain approval from the Kern County Board of Supervisors.
For orderly development.
22. With submittal of a tentative subdivision map creating parcels less than twenty acres in size on the
project area, the applicant/developer shall provide proof to the City of Bakersfield Planning
Department that the required Williamson Act Land Use Contract cancellation fee, as calculated by
the Kern County Assessor's Office, has been paid to the Kern County Treasurer.
For orderly development.
City Attorney
23. 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, andlor
property owner andlor 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.
a. 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.
b. 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.
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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 7th day of June. 2007 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4439 passed by the
Bakersfield City Council at a meeting held on the 6th day of June. 2007 and entitled:
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAP
142-03) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-2 (LIMITED MULTIPLE FAMILY
DWELLING) ON 19.55 ACRES, GENERALLY LOCATED ON
THE NORTH SIDE OF ENGLE ROAD, BETWEEN ASHE
ROAD AND STINE ROAD (ZC NO. 06-1039).
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Counci of the City of l3akersfield
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