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HomeMy WebLinkAboutORD NO 4642ORDINANCE NO. 4 6 4 2 AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 19.45 ACRES, LOCATED ALONG THE NORTH SIDE OF KERN CANYON ROAD, APPROXIMATELY 2,000 FEET SOUTHWEST OF THE INTERSECTION OF KERN CANYON ROAD AND STATE HIGHWAY 178. (ZC NO. 10-0479). 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 request to change the land use zoning of those certain properties located along the north side of Kern Canyon Road, approximately 2,000 feet southwest of the intersection of Kern Canyon Road and State Highway 178; and WHEREAS, by Resolution No. 50-10 on December 16, 2010, the Planning Commission recommended approval and adoption of an ordinance amending Title 17 of the Bakersfield Municipal Code to approve Zone Change No. 10-0479 as delineated on attached map marked Exhibit "B", by this City Council and this Council has fully considered the recommendation 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 zone change to change the zoning of the subject property from R-1 (One Family Dwelling) to R-2/PUD (Limited Multiple Family Dwelling/Planned Unit Development) zone on 19.45 acres and the City 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 November 10, 2010, in accordance with CEQA; and WHEREAS, the general plan designation for this area, with prior adoption of General Plan Amendment No. 10-0479, allows for mulitple family devlopment; and WHEREAS, the City Council has considered and concurs with the following findings made by the Planning Commission as set forth in Resolution No. 50-10, adopted on December 16, 2010: All required public notices have been given. 2. The provisions of the California Environmental Quality Act have been followed. Page 1 of 3 aAK4 i-- m ~ r ORDINAL 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. 4. The proposed project is consistent with surrounding uses. 5. The proposed project, as shown on Exhibit "B", is consistent with the Metropolitan Bakersfield General Plan, with prior approval of GPA 10- 0479. 6. The public necessity, general welfare and good planning practices justify the requested zone change, as shown on Exhibit "B". 7. The laws and regulations relating to the preparation and adoption of Negative Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures, have been duly followed by city staff and the Planning Commission. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: That the above recitals, incorporated herein, are true and correct. 2. The Negative Declaration is hereby adopted. 3. Title 17 of the Municipal Code of the City of Bakersfield is hereby amended by changing the land use zoning of that certain property within the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof, and are more specifically described in attached Exhibit "C". 4. Such zone change is hereby made subject to the "Mitigation/Conditions of Approval" listed in attached Exhibit "A", and subject to prior approval of GPA No. 10-0479. 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--------- Page 2 of 3 ° m U ~ O ORIGINAL 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 MAR 0 9 2011 by the following vote: YE NOES: ABSTAIN: ABSENT: COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER 4'o'" ROBERTA GAFFORDAiI1co CITY CLERK and Ex Clerk of the Council of the City of Bakersfield APPROVED MAR 0 9 2011 HARVEY L. HAIL Mayor of the City of Bakersfield APPROVED to form VIRGINIA G NARO City Attorn y Exhibit A - Mitigation Measures and Conditions of Approval B - Zone Change Location Map C - Zone Change Legal Description Page 3 of 3 T m U r" ORK,AAL SALAS, BENNAM, WEIR, COUCH, HANSON, SULLIVAN, RUSSELL EXHIBIT A MITIGATION MEASURES AND CONDITIONS OF APPROVAL ok~AKFg~ v a ORIGINAL Exhibit A-1 Mitigation Measures & Conditions of Approval General Plan Amendment/Zone Change No. 10-0479 Air Quality The proposed project will have air pollutant emissions associated with the construction and use of the project site. Prior to grading plan 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 impact. PMio Mitigation Measures 2. As the project will be completed in compliance with SJVAPCD Regulation VIII, dust control measures will be taken to ensure compliance specifically during grading and construction phases. The measures to be taken are as follows: • Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. • Water all unpaved haul roads a minimum of three-times/day or whenever visible dust from such roads is capable of drifting from the site or approaches 20% opacity. • Reduce speed on unpaved roads to less than 15 miles per hour. • Install and maintain a track out control device that meets the specifications of SJVAPCD Rule 8041 if the site exceeds 150 vehicle trips per day or more than 20 vehicle trips per day by vehicles with three or more axles. • Stabilize all disturbed areas, including storage piles, which are not being actively utilized for production purposes using water, chemical stabilizers or by covering with a tarp or other suitable cover. • Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. • When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. • Limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes is prohibited except when preceded or accompanied by sufficient wetting to limit visible dust emissions and use of blowers is expressly forbidden). • Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer/suppressants. • Remove visible track-out from the site at the end of each workday. • Cease grading or other activities that cause excessive (greater than 20% opacity) dust formation during periods of high winds (greater than 20 mph over a one-hour period). Mitigation for potentially significant air quality impact. s Page 1 of 8 ORI(INN Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 Measures to Reduce Equipment Exhaust 3. The GAMAQI guidance document lists the following measures as approved and recommended for construction activities. These measures are required to ensure that the proposed project emissions are not exceeded: • Maintain all construction equipment as recommended by manufacturer manuals. • Shut down equipment when not in use for extended periods. • Construction equipment shall operate no longer than eight (8) cumulative hours per day. • Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. • Curtail use of high-emitting construction equipment during periods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. • All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOX emissions. • On-Road and Off-Road diesel equipment shall use aqueous diesel fuel if permitted under manufacturer's guidelines. • On-Road and Off-Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. • On-Road and Off-Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. • Use of pre-chamber diesel engines or equivalent shall be utilized if economic and available to reduce NOX emissions. • All construction workers shall be encouraged to shuttle (car-pool) to retail establishments or to remain on-site during lunch breaks. • All construction activities within the project area shall be discontinued during the first stage smog alerts. • Construction and grading activities shall not be allowed during first stage ozone alerts. First stage ozone alerts are declared when the ozone level exceeds 0.20 ppm (1-hour average). Mitigation for potentially significant air quality impact. Other Mitigation Measures 4. The following measures are recommended to further reduce the potential for long-term emissions from the project. These measures will ensure that the proposed project emissions are not exceeded: The project design shall comply with standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. Page 2 of 8 O~KF ~ r U b ORIGINAL. Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 • 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. • The developer shall comply with the provisions of SJVAPCD Rule 4601 - Architectural Coatings, during the construction of all buildings and facilities. Application of architectural coatings shall be completed in a manner that poses the least emissions impacts whenever such application is deemed proficient. • The applicant shall comply with the provisions of SJVAPCD Rule 4641 during the construction and pavement of all roads and parking areas within the project area. Specifically, the applicant shall not allow the use of: o Rapid cure cutback asphalt; o Medium cure cutback asphalt; o Slow cure cutback asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.3); or Emulsified asphalt (as specified in SJVAPCD Rule 4641, Section 5.1.4). o The developer shall comply with applicable provisions of SJVAPCD Rule 9510 (Indirect Source Review). Mitigation for potentially significant air quality impact. Biological Resources 5. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for burrowing owls, and comply with the provisions of the Migratory Bird Treaty Act (META) of 1918 (16 U.S.C. 703-711). Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. Mitigation for potentially significant biological resource impact. The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10, including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Department of Fish and Game Code prohibit the take, possession, or destruction of birds, their nests or eggs. To avoid violation of the take provisions of these laws generally requires that project- related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1 - August 15, annually). Disturbance that causes nest abandonment and/or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and/or imprisonment. Mitigation for potentially significant biological resource impact. Page 3 of 8 dry#K t ~ a DRIGINAI. Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 b. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for kit fox, and comply with the provisions of the Metropolitan Bakersfield Habitat Conservation Plan. Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. Mitigation for potentially significant biological resource impact. 7. Prior to ground disturbance, the developer shall have a qualified consultant survey the location for blunt nose leopard lizard. Survey protocol shall be that recommended by the State Department of Fish and Game. Developer shall be subject to the mitigation measures recommended by the consultant. A copy of the survey shall be provided to the Planning Department prior to ground disturbance. Mitigation for potentially significant biological resource impact. The current MBHCP expires in year 2014. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2014 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit) before the 2014 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre- payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2014 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Agency and the California Fish and Game Department. Cultural Resources 8. If human remains are discovered during grading or construction activities, work would cease pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are identified on the site at any time, work shall stop at the location of the find and the Kern County Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the California Public Resource 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. 9. Prior to ground-disturbance activities associated with this project, personnel associates with the grading effort shall be informed of the importance of the potential cultural and archaeological resources (i.e. 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 r Page 4 of 8 v ~ nRIGiNA1. Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 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, a 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 cultural resource impacts. Hazards and Hazardous Materials 10. With submittal of the first subdivision map application or development proposal, the applicant shall submit a Phase I Environmental Site Assessment (ESA) to the satisfaction of the City of Bakersfield Fire Department (Prevention Services Division). Mitigation for orderly development and public health, safety and welfare. Noise 11. Along with submittal of any development plans for the Planned Unit Development application, the applicant shall submit a new acoustical analysis for the project site. Mitigation for orderly development and public health, safety and welfare. a. Along State Highway 184, a minimum six-foot tall sound wall (measured from the finished grade of the adjacent residential lots) shall be included on all applicable subdivision maps for the GPA/ZC area and shall be constructed prior to the recordation of each affected phase or in accordance with the new/revised acoustical analysis. Planning 12. Upon approval of this GPA request, the Applicant/property owner (and successor owners) relinquishes and voids all rights and entitlements to all previously approved tentative subdivisions (Vesting Tentative Tract Map # 6610). Mitigation for orderly development. Public Works 13. 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: > ors Page 5 of 8 o ORIGINAI. Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 a. Provide fully executed dedication for SR 184 to arterial or Caltrans standards as required, 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 GPA/ZC area is submitted, dedication can be provided with the map. b. This GPA/ZC area is within the Breckenridge Planned Drainage Area (PDA). All storm drain systems shall be installed per the requirements of the PDA. C. Sewer service must be provided to the GPA/ZC area. Submit verification to the City Engineer of the existing sewer system's capability to accept the additional flows to be generated through development under the new land use and zoning. 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. e. Developer is responsible for the construction of all infrastructure, both public and private, within the boundary of the GPA/ZC area. This includes the construction of any and all boundary streets to the centerline of the street, unless otherwise specified. The developer is also responsible for the construction of any off site infrastructure required to support this development, as identified in these conditions. The phasing of the construction all infrastructure will be addressed at the subdivision map stage. Mitigation for orderly development. 14. 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. 15 Payment of the proportionate share of the cost of the median for Kern Canyon Road frontage of the property within the GPA/ZC request is required prior to recordation of any map or approval of any improvement plan for the GPA/ZC area. Mitigation for orderly development. 4 > m r Page 6 of 8 nRIG1NAl Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 16. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts. 17. A traffic impact analysis dated October 25, 2010 was prepared for the project site and submitted to the City by Hendricks Engineering. There is a 39 peak trip increase compared to the previous analysis done for the property (prepared by Porter-Robertson on June 27, 2005 for GPA/ZC 05-1437) This increase is less than the 50 peak hour trips that would trigger the need for a traffic study per Section 6.2.1 of the Subdivision Design Manual due to its minimal impact. We recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for potentially significant traffic impacts. Recreation and Parks 18. The Developer shall pay $600.00 per dwelling unit in addition to the city park development fee, to assist the City in upgrading the existing sports complex lighting. Payment to the Recreation and Parks Department shall be prior to recordation of each phase of the lots within the phase or prior to issuance of a building permit on any residential unit, whichever comes first. A condition of approval for GPA/ZC 05-1437. 19. Prior to recordation of a final map, or development of the site, whichever occurs first, the subdivider/developer shall pay an in-lieu fee based on a park land dedication requirement of 2.5 acres per 1000 population in accordance with Chapter 15.80 of the Bakersfield Municipal Code. If the number of dwelling units increases or decreases upon development or recordation of a final map(s), the park land requirement may change accordingly. Refer to BMC Chapter 15.80 regarding calculation and payment of in-lieu fee. In accordance with Government Code Section 66020 (d), you are hereby notified that the 90-day period in which you may protest the imposition of this fee has begun. Mitigation for orderly development. 20. Prior to filing of a final map or development on the site, whichever occurs first, the subdivider/developer shall construct a six-foot high masonry wall along the north boundary of the General Plan Amendment area and the future Mesa Marin Sports Complex. The wall height shall be measured to the highest adjacent grade. A gated and secured pedestrian access may be allowed between the HMR designation/R-2 zoning and the future Mesa Marin Sports Complex. Design of the access to the future Mesa Marin Sports Complex shall be to the approval of the Recreation and Parks Department and Public Works Department. Mitigation for orderly development. Page 7 of 8 rn U C ORIGINAI Mitigation Measures/Conditions of Approval GPA/ZC 10-0479 City Attorney 21. 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. DL:\\S:\GPAs\GPA 4th 2010\10-0479\Admin SR\Conditions Ex A.doc Page 8 of 8 J Ca GRIGiNAI EXHIBIT B ZONE CHANGE LOCATION MAP s ~ r U Co ORIGINAI. ZONE CHANGE 10-0479 R-1 \y R-11P.U.D. R-2 R-2/P.U.D. - ns R-2 OS RE R-1/P.U.D. R-1 R-1 R-1 OS C-2 V C-2 R-1 17 16 20 21 R-3/P.U.D. C-1 R-3/P.U.D. R-S-2.5A OS R-1 TO R-2/P.U.D R-1 R-1 R-1 E R-1 \ R-1 R-1 R-1 R-1 A E R-1 R-1 R-1 R-1 R-1 R-1 R-1/P.U.D. R-2/P.U.D. R-2/P... N R-1 OS R-H R-1 0 400 800 R-S-IA Feet T29S,R29E 90809 ciTv ~ ~ ¢ R-1/P.U.D. Y D EXHIBIT C ZONE CHANGE LEGAL DESCRIPTION f- m r U p ORIGINAL. General Plan Amendment & Zone Change Legal Description: A portion of Lot 1 of Lot Line Adjustment No. 05-0928, whose Certificate of Compliance is recorded in the Office of the Kern County Recorder as Document No. 0205317776, also being in the North Half of Section 20, T. 29 S., R. 29 E., M.D.M. In the City of Bakersfield, County of Kern, State of California, more particularly described as follows: Commencing at the southwest corner of the property described in the Grant Deed to the City of Bakersfield recorded in the Office of said County Recorder as Document No. 0210087709 and shown on Exhibit B thereof the end of line L8, 1. Thence along said L8 S 89029'35" E, 164.26 feet; 2. thence continuing along the southerly boundary of said property, N 00030'25" E, 24.90 feet; 3. thence along said boundary, S 89029'35" E, 1166.02 feet to a point on the northwesterly right of way line of State Highway VI-KER-184; 4. thence along said northwesterly right of way line, S 46059'44" W, 1834.24 feet to the southwest corner of said Lot 1. 5. thence N 00° 31' 02" E, along the westerly boundary of said Lot 1, 1238.21 feet to the point of beginning. containing 19.45 acres, more or less. ~ Na. a`'S2 E;~P. i?l3it ~ r v ~ ORIGMAI AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) ROBERTA GAFFORD, 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 10th day of March, 2011 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4642, passed by the Bakersfield City Council at a meeting held on the 9th day of March, 2011 and entitled: AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 (ONE FAMILY DWELLING) TO R-2/PUD (LIMITED MULTIPLE FAMILY DWELLING/PLANNED UNIT DEVELOPMENT) ON 19.45 ACRES, LOCATED ALONG THE NORTH SIDE OF KERN CANYON ROAD, APPROXIMATELY 2,000 FEET SOUTHWEST OF THE INTERSECTION OF KERN CANYON ROAD AND STATE HIGHWAY 178. (ZC NO. 10- 0479). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: FL"~~ DDEPU/TY City C rk SADOCUMEN'RFORMSWOP.ORD.wpd N- rn 1- r v ~ GRIGINAI