HomeMy WebLinkAboutORD NO 4475
ORDINANCE NO. 4 4 7 5 .
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING
MAP NO. 142-04) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-1/P.U.D. (ONE-FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) TO R-2 (LIMITED
MULTIPLE-FAMILY DWELLING) ON TWO PARCELS
TOTALING 106.08 ACRES GENERALLY LOCATED AT THE
NORTHEAST CORNER OF EBERLE ROAD AND ROMERO
ROAD; BEING A PORTION OF THE NORTHEAST QUARTER
OF SECTION 4, T31S, R27E, MDBM (FILE # 07-1370).
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 County of
Kern generally located at the northeast corner of Eberle Road and Romero Road; being a
portion of the northeast quarter of Section 4, T31S, R27E, MDBM as shown on Exhibit "B";
WHEREAS, by Resolution No. 172-07 on OCTOBER 4, 2007 the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change 07-1370 as delineated on attached Zoning Map No.
142-04 marked Exhibit "C", by this Council 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 regarding changes in zoning of the subject property
from R-1/P.U.D. (One-Family Dwelling/Planned Unit Development) to R-2 (Limited Multiple-
Family Dwelling) and the Council has considered said findings and all appear to be true and
correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation
Procedures, have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, for the above described project, an initial study was conducted and
an Environmental Impact Report (Ashe #4) was certified on August 16, 2006, in conjunction with
related Vesting Tentative Tract Map 6747 and 6750 in accordance with CEQA; and
WHEREAS, said Environmental Impact Report (Ashe #4) is applicable to and
appropriate for this project; and
WHEREAS, there have been no substantial changes to the project or
circumstances under which it will be undertaken; and
WHEREAS, no new environmental impacts have been identified; and
WHEREAS, the general plan designation for this area allows low density
residential development; and
WHEREAS, the City Council has considered and hereby makes the following
findings:
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as follows:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. An Environmental Impact Report (Ashe #4) was certified on August 16, 2006, in
conjunction with related Vesting Tentative Tract Map 6747 and 6750 in
accordance with CEQA.
4. In accordance with CEQA Section 15162, no further environmental
documentation is necessary because no substantial changes to the original
project are proposed, there are no substantial changes in circumstances under
which the project will be undertaken, and no new environmental impacts have
been identified.
5. The public necessity, general welfare and good zoning practice justify the
requested change of zone from the existing zoning district to R-2 (Limited
Multiple-Family Dwelling zone.
6. The overall design of the project, as conditioned, is consistent with the goals and
policies of all elements of the General Plan.
7. That infrastructure exists or can easily be provided to accommodate the types
and intensities of the proposed development.
8. The conditions of approval are necessary for orderly development or to provide
for the public health, welfare and safety.
9. The requested zone change will satisfy a condition of approval for Vesting
Tentative Tract Map 6747 and 6750.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield
1. All of the foregoing recitals are hereby found to be true and correct.
2. The provisions of the California Environmental Quality Act (CEQA) have been
followed.
3. That this project pertains to the Environmental Impact Report (Ashe #4) was
certified on August 16, 2006, in conjunction with related Vesting Tentative Tract
Map 6747 and 6750.
4. The Environmental Impact Report (Ashe #4) previously approved is adequate.
5. 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. 142-04 marked Exhibit "C" attached hereto and made a part
hereof, and are more specifically described in attached Exhibit "D".
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6. Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A".
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
NeV 2 8 Z007 by the following vote:
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ABSTAIN:
ABSENT:
CAR~N. BENH'AM. ~. COUCII, HANSON, SULtrV'"AN. SCR~ER
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COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
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PAMELA A. McCART MC {I
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
HARVEY L. HALL
Mayor of the City of Bakersfie
APPROVED as to form
VIRGINIA GENNARO
City Attorney
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EX~bitS: A. Conditions 0 Approval
B. Location Map
C. Zoning Map No. 142-04
D. Zone Change Legal Descriptions
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ORIGINAL
EXHIBIT "A"
ZONE CHANGE 07-1370
CONDITIONS OF APPROVAL
CITY ATTORNEY
1. 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.
PLANNING
2. Any final subdivision map and/or building permit on the project site and within the Ashe #4
annexation area are subject to the approved Ashe #4 Master Parks and Trails Plan. Road
improvements and improvement plans shall include a Class II Bike Path along Engle Road, Eberle
Road, and Ashe Road; and a Multipurpose Trail 24-foot easement along the north side of Romero
Road and along the east side of Eberle Road.
Orderly development.
MITIGATION/CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT/ZONE CHANGE NO. 05-0519
Mitigation Measures From Environmentallmoact Reoort:
3. Prior to recordation of each final map, the applicant shall inform future residents about adjacent
agricultural use through a covenant filed on the Project site (disclosed to residents through the
purchase process), or through disclosure forms that shall be signed by new residents. The
disclosure forms shall indicate that the resident acknowledges that the surrounding land uses
consist of agriculture and that agriculture use includes activities to support agriculture, including
pesticide use, dust generation from plowing, and slow-moving agricultural vehicles.
(Mitigation measure NO.2. from GPA/ZC 05-0519)
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ORIGINAL
Exhibit "A"
ZC 07-1370
Page 2 of 10
Hazardous Substances
4. Prior to demolitions, grubbing, or grading, the developer shall conduct soil characterization and
sampling of the stained soil within the Project site underneath the smoke pots and burners as
needed to determine the presence or absence of hazardous materials. If concentrations of
materials are detected above regulatory cleanup levels during demolition or construction
activities, the following mitigation measure shall include:
· Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Prior to development, the Applicant shall remediate all oil-contaminated soils to the satisfaction
of the Local Unified Program Agency (the Office of Environmental Services Bakersfield City Fire
Department) in conjunction with the State Regional Water Quality Control Board and/or the
California Department of Toxic Substances Control.
(Mitigation measure No.3. from GPA/ZC 05-0519)
5. In areas of the Project site where elevated levels of volatile fuel hydrocarbons are present, the
following mitigation measure shall include:
. Excavation and disposal at a permitted. off-site facility;
. On-site treatment; or
. Other measures as appropriate.
Prior to development, the applicant shall remediate all oil-contaminated soils to the satisfaction
of the Local Unified Program Agency (the Office of Environmental Services of the Bakersfield
City Fire Department) in conjunction with the State Regional Water Quality Control Board and/or
the California Department of Toxic Substances Control.
(Mitigation measure NO.4. from GPA/ZC 05-0519)
6. Prior to demolitions, grubbing, or grading, the Applicant shall remove and properly dispose of
the on-site debris, consisting of drums, containers, stained vehicle parts and equipment, and
miscellaneous debris, at an approved landfill facility. The areas beneath and around the
removed debris shall be visually inspected by a qualified environmental assessor or another
approved individual. Any stained soils observed underneath the debris shall be sampled. If
concentrations of materials are detected above regulatory cleanup levels during sampling
activities, the mitigation measure shall include:
. Excavation and disposal at a permitted, off-site facility;
. On-site treatment; or
. Other measures as appropriate.
(Mitigation measure NO.5. from GPA/ZC 05-0519)
7. Due to the elevated concentrations of pesticide and fungicide residues in excess of acceptable
Federal, State, and/or County levels, prior to demolitions, grubbing, or grading the Project
Applicant shall identify and implement remedial action (subject to approval by the City of
Bakersfield and responsible regulatory agencies), to reduce contaminants to acceptable levels.
(Mitigation measure NO.6. from GPA/ZC 05-0519)
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Exhibit "A"
ZC 07-1370
Page 3 of 10
Other Hazards
8. Prior to demolition or the removal of debris piles, the subdivider the developer shall conduct
an asbestos survey to determine the presence or absence of asbestos-containing materials
and submit the results to the City of Bakersfield. If asbestos-containing materials are found,
abatement of asbestos shall be required before any demolition activity that would disturb
asbestos-containing materials or create an airborne asbestos hazard is permitted. Asbestos
removal shall be performed by a State-certified asbestos containment contractor in
accordance with San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 8021,
which requires:
. A survey of the facility prior to issuance of a permit by SJV APCD;
. Notification of the SJV APCD prior to construction activity;
. Removal of asbestos in accordance with prescribed procedures;
. Placement of collected asbestos in leak-tight containers or wrapping; and
. Proper disposal of the asbestos.
(Mitigation measure No. 11. from GPA/Z.C 05-0519)
9. Prior to demolition or the removal of debris piles, the developer shall conduct a survey to
determine the presence or absence of lead-based paint and submit the results to the City of
Bakersfield. If lead-based paint is found, abatement shall be required before any demolition
activities occur that would create a lead dust or fume hazard. Lead-based paint removal
shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1,
which specifies exposure limits, exposure monitoring, and respiratory protection, and
mandates good working practices by workers exposed to lead. The person performing lead-
based paint removal shall provide evidence of certified training for lead-related construction
work.
(Mitigation measure No. 12. from GPA/Z.C 05-0519)
Aesthetics. Light. and Glare
10. Prior to the recordation of any final map, the developer shall show in a Construction Plan the
temporary construction equipment staging areas within the Project site through the duration
of construction. Appropriate distance separation from adjacent residences shall be shown,
subject to review and approval of the City Planning Department. Additionally, all construction
activities would be required to be consistent with the Bakersfield Municipa/ Code
requirements and conditions of approval.
(Mitigation measure No. 14. from GPA/Z.C 05-0519)
11. Prior to the recordation of any final map, the subdivider shall show in a Construction Plan,
the project's plan to ensure that all mechanical and electrical equipment to be installed on
the structure or on the ground will be adequately screened from public view. The screening
shall be considered as an element of the overall design and must blend with the architectural
design of the building and/or landscaping, as appropriate. Construction plans for the
buildings shall indicate any fixtures or equipment to be located on the roof of the respective
structure, equipment types, and design of the screening material. The method of screening
shall be reviewed and approved by the City Planning Department.
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ZC 07-1370
Page 4 of 10
(Mitigation measure No. 15. from GPAlZC 05-0519)
12. Prior to the issuance of building permits, the Project Applicant shall ensure that the Project's
exterior lighting does not spill over onto the adjacent uses, all exterior light fixtures, including
street lighting, shall be shielded or directed away from adjoining uses, pursuant to all
applicable lighting standards and requirements of the City of Bakersfield Municipal Code and
Zoning Code.
(Mitigation measure No. 16. from GPAlZC 05-0519)
Noise
13. Prior to the recordation of any final map the subdivider the subdivider shall provide a
Construction Plan to the City Planning Department that ensures that (1 ) all construction
equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be equipped
with properly operating and maintained mufflers; (2) construction activities shall be limited to
the designated daytime hours as specified by the City of Bakersfield (currently 6 AM to 9 PM
on weekdays and 8 AM and 9 PM on weekends). No construction is allowed on Federal
holidays. These restrictions apply to all trucks, vehicles, and equipment that are making or
involved with material deliveries, loading or transfer of materials, equipment service, and
maintenance of any devices for or within the Project construction site.
(Adapted from Mitigation measure No. 22. from GPAlZC 05-0519)
14. During construction, the Project Contractor shall place stationary construction equipment
such that emitted noise is directed away from noise-sensitive receptors. The placement of
the equipment shall meet the satisfaction of the Building Official and is subject to site
inspection. Additionally, the Project Contractor shall provide evidence of the placement of
the stationary equipment to the Building Official.
(Mitigation measure No. 23. from GPAlZC 05-0519)
15. Prior to the recordation of any final map the subdivider shall provide a Construction Plan to
the City Planning Department that ensures that Project Contractor shall incorporate muffling
features into all construction vehicles and equipment and into construction methods, and
shall maintain all construction vehicles and equipment in efficient operating condition. The
Project Contractor shall provide evidence to the City Planning Department that the above
muffling and maintenance measures have been implemented.
(Mitigation measure No. 24. from GPAlZC 05-0519)
16. Prior to the recordation of any final map the subdivider shall provide a Construction Plan to
the City Planning Department that ensures that stockpiling and construction vehicle staging
areas shall be located as far away as practical from noise-sensitive receptors during
construction activities.
(Mitigation measure No. 25. from GPAlZC 05-0519)
Air Quality
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By KSHea S:\ZoneChangelyr 2007\07-1370\ZCExh1.DOCI
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Exhibit "A"
ZC 07-1370
Page 5 of 10
17. Prior to issuance of a grading permit, the developer shall prepare and submit a dust control
plan to the SJVAPCD. The plan shall be prepared consistent with District Regulation VIII
and must be reviewed and approved by the SJV APCD prior to the commencement of
grading activities. The dust control measures selected shall be incorporated as a note on
each grading plan.
(Mitigation measure No. 27. from GPA/ZC 05-0519)
18. Prior to issuance of any building permit, the subdivider shall submit to the Planning
Department a written guarantee stating that during the construction phase all construction
equipment in use on the Project site and on the way to and from the Project site shall comply
with the following construction equipment exhaust mitigation measures; the following
mitigation measures shall be utilized during the construction phase of the Project to reduce
construction exhaust emissions. These mitigation measures are stated in the GAMAQI
guidance document as approved mitigation for construction equipment:
· Properly and routinely maintain all construction equipment, as recommended by
manufacturer's manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time, to reduce exhaust
emissions associated with idling engines.
· Encourage ride-sharing and use of transit transportation for construction employees
commuting to the Project site.
· Use electric 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 construction activity during the peak hour of vehicular traffic on adjacent
roadways.
(Mitigation measure No. 28. from GPA/ZC 05-0519)
19. Construction of the Project requires the implementation of control measures set forth under
Regulation VIII of the San Joaquin Valley Air Pollution Control District (SJAPCD), Fugitive
PM10 Prohibition. During construction the contractor shall implement the following
measures, in addition to those required under Regulation VIII of the SJVAPCD, in order to
reduce fugitive dust emissions, and provide evidence to the Planning Department that the
following measures are complied with:
. A six-foot high dust fence shall surround the construction site during primary grading
activities.
· All disturbed areas, including storage piles, which are not being actively utilized 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 on-site paved roads with off-site unpaved access roads shall be effectively stabilized
of dust emissions using water or chemical stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut-and-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
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By KSHea S:\ZoneChangelyr 2007\07-1370\ZCExh1.DOCI
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Exhibit "A"
ZC 07-1370
Page 6 of 10
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 pile, said piles shall be effectively stabilized of fugitive dust emissions
utilizing sufficient water or chemical stabilizer/suppressant.
· Within urban areas, trackout shall be immediately removed whenever 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 SJV APCD 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 miles per hour
(mph) over a one-hour period).
· Limit the speed of construction-related vehicles to 15 mph on all unpaved areas at the
construction site.
· Implement, carryout, and trackout mitigation measures, such as gravel pads, in
accordance with the requirements of the SJVAPCD Regulation VIII.
(Mitigation measure No. 29. from GPA/ZC 05-0519)
20. Transportation control measures and design features can be incorporated into the Project to
reduce emissions from mobile sources. The control measures listed below provide a
strategy to reduce vehicle trips, vehicle use, vehicle miles traveled, vehicle idling and traffic
congestion for the purpose of reducing motor vehicle emissions. These features were
incorporated into the emission estimates for the Project and are therefore required in order
to achieve the emission level present above. Prior to development the Project Applicant
shall incorporate the following measures into the design of the Project site:
· Incorporate sidewalks throughout the Project, with adequate safety signage and
appropriate lighting. Connect sidewalks to any open space or recreational areas and to
nearby transit loading areas and/or shelters.
· Improve streets and traffic signals for intersections and street segments, which may
impact the surrounding local roadway system due to traffic, generated by the proposed
developments.
(Mitigation measure No. 30. from GPA/ZC 05-0519)
21. In order to reduce the Project's net emissions of 30.87 TPY of ROG and 14.42 TPY of NOx
to zero, the Project Applicant shall provide emission offsets through participation in a
voluntary emission reduction project (VERP) through the SJVAPCD. Available mitigation
programs can consist of, but are not limited to, the following:
Public Works Imorovement Proiects:
Project or projects approved by the City Public Works Department that will reduce emissions as
described above. The improvements for said project must be completed and accepted by the
Public Works Department prior to recordation of individual development phases. The project(s)
selected shall be one(s) not otherwise funded or constructed with this proposed project. The
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By KSHea S:\ZoneChangelyr 2007\07-1370\ZCExh1.DOCI
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Exhibit "A"
ZC 07-1370
Page 7 of 10
subdivider is responsible for all costs to determine the emission reductions associated with
proposed Public Works project(s). Documentation for public works improvement project(s)
demonstrating mitigation compliance shall be submitted to the Planning Director prior to
recordation of individual development phases. The types of public works improvement
project(s) used for the reduction in emissions may include, but are not limited to, the following
types:
· Construction of a new warranted signal.
· Modification of an existing signalized intersection to add additional left turn storage or
dedicated right turn capability.
OTHER PROJECTS:
These are non public works projects selected by the subdivider that shall reduce emissions as
described above. The subdivider is responsible for all costs to determine the emission
reductions associated with the proposed project(s). Proof of mitigation compliance shall be
submitted to the Planning Director prior to recordation of individual development phases. Proof
of compliance may include documentation of the number, type, and year of cars crushed;
location and type of engine modified, photo documentation, and quantification of emission
reduction by the San Joaquin Valley Air Pollution Control District or an air quality consultant.
The types of project(s) used for the reduction in emissions may include, but are not limited to,
the following types:
. Car crushing of older model cars.
· Modification to stationary diesel engines, such as those under agricultural use.
. Modification of fleet vehicles and/or other mobile sources.
SJVAPCD MITIGATION FUND:
Air quality mitigation fees, of the amount to be determined by the SJVAPCD and the subdivider,
are due to the SJV APCD Fund account prior to recordation of any final tract map. Proof of
payment and SJVAPCD mitigation certificates shall be provided to the Planning Director prior to
recordation of each phase of a final tract map.
Fees paid to the SJVAPCD through an approved indirect source emissions fee program may be
utilized to provide applicable offsets for the proposed Project.
If, during the life of the Project, the City of Bakersfield adopts an emissions mitigation program
that provides equal or more effective mitigation than the measures listed above, the developer
may choose to participate in the City's program to mitigate air quality impacts.
A VERP shall require the Project Applicant to enter into a binding agreement with the
SJVAPCP. This agreement will require the SJVAPCD to:
. Review air emission impact assessment protocol and quantification of emission estimates
attributable to the Project;
. Acceptance of the estimated monetary value of the emission reductions to equal the
emissions from the Project;
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Exhibit" A"
ZC 07-1370
Page 8 of 10
. Locate and implement emission reductions; and
. Certify that the emissions reductions have been made to the lead agency and the developer
in a form of a certificate.
(Mitigation measure No. 31. from GPA/ZC 05-0519)
BIOLOGICAL RESOURCES
22. Prior to site grading, the Project Applicant shall ensure in the Construction Plan that
construction vehicle speed limits shall not exceed 20 miles per hour (mph) and speed limit signs
shall be posted throughout the site for the duration of construction activities.
(Mitigation measure No. 32. from GPA/ZC 05-0519)
23. Prior to site grading, the Project Applicant shall take avoidance measures for San Joaquin kit
fox dens, follow all agency guidelines regarding kit fox tracking and excavation to prevent
entrapment of animals in potential dens, as required by the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP).
(Mitigation measure No. 33. from GPA/ZC 05-0519)
24. Prior to site grading, the Project Applicant shall conduct preconstruction surveys for known
dens, inspect large trees for raptor nesting, and other nest sites and implement appropriate
and/or necessary take avoidance measures for the San Joaquin kit fox and protected bird
species in accordance with the MBHCP and the Migratory Bird Treaty Act.
(Mitigation measure No. 34. from GPA/ZC 05-0519)
25. Prior to site grading, the Project Applicant shall conduct preconstruction surveys before disking
or ground disturbance to ensure that no California ground squirrel burrows are present and to
prevent potential entrapment of burrowing owls. Survey the buildings to ensure that no raptors
are nesting at the time of demolition. If nests are encountered, use agency-approved buffer
zones and avoid nests until the young have fledged.
(Mitigation measure No. 35. from GPA/ZC 05-0519)
26. Prior to site grading, if any previously unidentified protected species that is not addressed in the
MBHCP is found to be present, the Project Applicant shall avoid the species and have it
evaluated by a qualified biologist. Notify the U.S. Fish and Wildlife Service (USFWS) and the
California Department of Fish and Game (CDFG) any previously unreported protected species.
Any take of protected wildlife shall be reported immediately to the CDFG and USFWS.
(Mitigation measure No. 36. from GPA/ZC 05-0519)
27. Prior to site grading, the Project Applicant shall conduct pre construction surveys prior to ground
disturbance to ensure that no burrowing owls are present on-site and to ensure avoidance of
direct take or accidental entrapment of burrowing owls. If nests are encountered, use agency-
approved buffer zones and avoid nests until the young have fledged. Additionally, the following
measures, taken from the Staff Report on Burrowing Owl Mitigation (CDFG 1995) should be
followed in order to minimize impacts, preserve habitat, and reduce potential impacts to
burrowing owls to a level of less than significant:
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Exhibit "A"
ZC 07-1370
Page 9 of 10
· Occupied burrows shall not be disturbed during the nesting season (February 1
through August 31) unless a qualified biologist approved by the CDFG verifies
through noninvasive methods that either: (1) the birds have not begun egg-laying
and incubation; or (2) that juveniles from the occupied burrows are foraging
independently and are capable of independent survival.
· If owls must be moved away from the disturbance area, passive relocation
techniques as described in the Staff Report on Burrowing Owl Mitigation should
be used rather than trapping. At least one or more weeks will be necessary to
accomplish this and allow the owls to acclimate to alternative burrows.
(Mitigation measure No. 37. from GPA/ZC 05-0519)
28. During construction, the Project Contractor and construction workers shall dispose of all food,
garbage, and plastic in closed containers and regularly remove the containers from the site to
minimize attracting ranging kit fox or other animals to the site where they may be harmed.
(Mitigation measure No. 38. from GPA/ZC 05-0519)
CULTURAL RESOURCES
29. If archaeological resources are discovered during excavation and grading activities on-site,
the contractor shall stop all work and shall retain a qualified archaeologist to evaluate the
significance of the finding and appropriate course of action. Salvage operation requirements
pursuant to Section 15064.5 of the CEQA Guidelines shall be followed and the treatment of
discovered Native American remains shall comply with State codes and regulations of the
Native American Heritage Commission.
(Mitigation measure No. 39 from GPA/ZC 05-0519)
30. If human remains are discovered as a result of the Project during development, all activity
shall cease immediately, and the Contractor shall notify the Kern County Coroner's Office
immediately under state law, and a qualified archaeologist and Native American monitor shall
be contacted. Should the Coroner determine the human remains to be Native American, the
Native American Heritage Commission shall be contacted pursuant to Public Resources Code
Section 5097.98.
(Mitigation measure No. 40. from GPA/ZC 05-0519)
OTHER MITIGATION MEASURES
31. Prior to the final inspection of building permits, the Contractor shall separate all Project
construction debris and construction-related debris into recyclable and nonrecyclable items. All
recyclable debris shall be transported to appropriate recycling facilities so as to reduce waste
disposed of at County landfills. Additionally, recyclable materials and materials consistent with
the waste-reducing goals of the City shall be used in all aspects of construction, when possible.
(Mitigation measure No. 46. from GPA/ZC 05-0519)
32. Prior to the final of building permits, the Project applicant shall submit for review a
Construction and Demolition Recycling Plan to the KCWMD. The Recycling Plan shall include a
plan to separate recyclable/reusable construction debris. The plan shall include the method the
By KSHea S:\ZoneChangelyr 2007\07-1370\ZCExh1.DOCI
10/17/2007
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ORIGINAL
Exhibit "A"
ZC 07-1370
Page 10 of 10
contractor will use to haul recyclable materials and shall include the method and location of
material disposal.
(Mitigation measure No. 47. from GPA/ZC 05-0519)
33. Prior to the recordation of any final map, the subdivider shall provide a Construction Plan to
the City Planning Department that ensures that the Contractor shall provide universal waste
collection to the Project site along with potential mandatory collection for curbside recycling.
(Mitigation measure No. 48. from GPA/ZC 05-0519)
GEOLOGIC AND SEISMIC HAZARDS
34. Prior to the recordation of any final map, the Project Applicant shall conduct a detailed
liquefaction potential study in the area of the future abandonment of the existing Farmer's Canal
as part of the design level geotechnical investigation. Final grading and street design shall be
based on detailed geologic and geotechnical evaluations of existing site conditions around the
canal after abandonment, combined with a comprehensive assessment of final engineering
plans by a professional Registered Geologist. Prior to the approval of final project plans and
specifications, the City Engineer, or his designee, shall confirm that recommended geotechnical
recommendations have be incorporated into the Project design to adequately mitigate the
effects of liquefaction.
(Mitigation measure No. 49. from GPA/ZC 05-0519)
By KSHea S:\ZoneChangelyr 2007\07-1370\ZCExh1.DOCI
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Zone Change Legal Descriptions
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PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED R-2 {FROM R-1/PUDl
BEING A PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF
SECTION 4, TOWNSHIP 31 SOUTH, RANGE 27 EAST, M.D.M., CITY OF
BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION, MARKED BY
A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE PER
FILED MAP NO. 7-1, BOOK 6, PAGE 17 IN THE OFFICE OF THE KERN COUNTY
SURVEYOR, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
ROMERO ROAD (COUNTY ROAD NO. 0-952) AND ASHE ROAD (COUNTY ROAD
NO. 199); THENCE NORTH 89018'32" WEST, ALONG THE EAST-WEST MID-
SECTION LINE OF SAID SECTION AND THE CENTERLINE OF SAID ROMERO
ROAD, A DISTANCE OF 1304.72 FEET TO THE POINT OF BEGINNING; THENCE
ALONG THE FOLLOWING FOUR (4) COURSES:
1) CONTINUING NORTH 89018'32" WEST, ALONG SAID MID-SECTION LINE
AND SAID CENTERLINE, A DISTANCE OF 1,338.17 FEET TO THE CENTER
QUARTER CORNER OF SAID SECTION; THENCE
2) DEPARTING SAID CENTERLINE, NORTH 00045'14" EAST, ALONG THE
NORTH-SOUTH MID-SECTION LINE OF SAID SECTION, A DISTANCE OF
1,327.38 FEET TO THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION; THENCE
3) SOUTH 89018'37" EAST, ALONG SAID NORTH LINE, A DISTANCE OF
1,336.61 FEET; THENCE
4) DEPARTING SAID NORTH LINE, SOUTH Q0041'11" WEST, A DISTANCE OF
1 ,327.41 FEET TO THE POINT OF BEGINNING.
CONTAINING 40.75 ACRES, MORE OR LESS.
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
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ORIGINAL
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED R-2 (FROM R-1/PUD}
BEING A PORTION OF LOTS 17, 18,29,30,31, AND 32 IN SECTION 4, TOWNSHIP
31 SOUTH, RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN,
STATE OF CALIFORNIA, ACCORDING TO THE KERN COUNTY SALES MAP NO.2
OF LANDS OF J.B. HAGGIN, FILED MAY 24,1889 IN THE OFFICE OF THE KERN
COUNTY RECORDER, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION, MARKED BY A
KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE PER
FILED MAP NO. 7-1, BOOK 6, PAGE 17 IN THE OFFICE OF THE KERN COUNTY
SURVEYOR, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
ENGLE ROAD (COUNTY ROAD NO. 0-7 AND D-952) AND ASHE ROAD (COUNTY
ROAD NO. 199); THENCE ALONG THE FOLLOWING THREE (3) COURSES:
1) NORTH 89017'30" WEST, ALONG THE SOUTH LINE OF SAID SECTION AND
THE CENTERLINE OF SAID ENGLE ROAD, A DISTANCE OF 2,476.68 FEET;
THENCE
2) DEPARTING SAID SOUTH LINE AND SAID CENTERLINE, NORTH 47052'34"
EAST, A DISTANCE OF 3,380.25 FEET TO THE EAST LINE OF SAID
SECTION AND THE CENTERLINE OF SAID ASHE ROAD; THENCE
3) SOUTH 00045'49" WEST, ALONG SAID EAST LINE AND SAID CENTERLINE,
A DISTANCE OF 2,298.08 FEET TO THE POINT OF BEGINNING.
CONTAINING 65.33 ACRES, MORE OR LESS.
tJ.tu.01
MciNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield, CA 93309
(661) 834-4814
P:\PROJECTS\04147\LE;GALS\0414710ZC01.DOC GClBDM 6/2512007
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 29th
day of NOVEMBER, 2007 she posted on the Bulletin
Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4475 ,
passed by the Bakersfield City Council at a meeting held on the 28th day of
November. 2007 and entitled:
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING MAP NO.
142-04) OF TITLE 17 OF THE MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-1/PUD (ONE FAMILY DWELLING/PLANNED UNIT
DEVELOPMENT) TO R-2 (LIMITED MULTIPLE FAMILY DWELLING) ON
TWO PARCELS TOTALING 106-08 ACRES GENERALLY LOCATED AT
THE NORTHEAST CORNER OF EBERLE ROAD AND ROMERO ROAD;
BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 4,
T31S, R27E MDBM (FILE 07-1370)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
BY:~~\..0~
DEPUTY City Clerk
S:\DOCUMENT\FORMSIAOP .ORD.wpd
11/30/2007
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riRIGINAL
ORDINANCE NO. 4 4 7 5
AN ORDINANCE AMENDING SECTION 17.06.020 (ZONING
MAP NO. 142-04) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-1/P.U.D. (ONE-FAMILY
DWELLING/PLANNED UNIT DEVELOPMENT) TO R-2 (LIMITED
MULTIPLE-FAMILY DWELLING) ON TWO PARCELS
TOTALING 106.08 ACRES GENERALLY LOCATED AT THE
NORTHEAST CORNER OF EBERLE ROAD AND ROMERO
ROAD; BEING A PORTION OF THE NORTHEAST QUARTER
OF SECTION 4, T31S, R27E, MDBM (FILE # 07-1370).
r' POSTED ON
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by City Clerk's Office
City of
Bakersfield
by
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WHEREAS, in accordance with the procedure set forth in the provisi()ns ()f Title
17 of the Municipal CC>de of the City ()f Bakersfield, the Planning CC>mmission held a public
hearing on a petiti()n to change the land use zoning ()f those certain properties in the County of
Kern generally I()cated at the n()rtheast oomer of Eberle R()ad and Romero Road; being a
portion of the northeast quarter of Section 4, T31 S, R27E, MDBM as shown on Exhibit "B";
WHEREAS, by Res()luti()n No. 172-07 on OCTOBER 4, 2007 the Planning
Commission reoommended approval and adoption ()f an ()rdinance amending Title 17 ()f the
Municipal Code to approve Zone Change 07-1370 as delineated on attached Zoning Map No.
142-04 marked Exhibit "C", by this Council and this CC>uncil has fully oonsidered the
recommendations made by the Planning Commissi()n as set f()rth in that Res()lution; and
WHEREAS, the Planning CC>mmission, as a result of said hearing, did make
several general and specific findings of fact regarding changes in z()ning of the subject property
from R-1/P.U.D. (One-Family Dwelling/Planned Unit Development) to R-2 (Limited Multiple-
Family Dwelling) and the CC>uncil has oonsidered said findings and all appear t() be true and
oorrect; and
WHEREAS, the law and regulati()ns relating to the preparati()n and adoption of
Negative Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementati()n
Procedures, have been duly followed by city staff, Planning CC>mmission and this Council; and
WHEREAS, for the ab()ve described project, an initial study was oonducted and
an Environmental Impact Report (Ashe #4) was certified ()n August 16, 2006, in oonjunction with
related Vesting Tentative Tract Map 6747 and 6750 in accordance with CEQA; and
WHEREAS, said Environmental Impact Repc>rt (Ashe #4) is applicable t() and
appropriate f()r this project; and
WHEREAS, there have been no substantial changes t() the project ()r
circumstances under which it will be undertaken; and
WHEREAS, no new environmental impacts have been identified; and
WHEREAS, the general plan designation for this area all()W5 I()w density
residential devel()pment; and
findings:
WHEREAS, the City CC>uncil has oonsidered and hereby makes the foll()wing
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