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HomeMy WebLinkAboutORD NO 4722ORDINANCE NO. ' 4722 AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM R -1 (ONE FAMILY DWELLING) TO R -2 (LIMITED MULTIPLE FAMILY DWELLING) ON APPROXIMATELY 56.19 ACRES LOCATED SOUTH OF PANAMA LANE, APPROXIMATELY 700 FEET WEST OF STINE ROAD ON THE WEST SIDE OF THE FARMERS CANAL, (GPA /ZC NO. 12- 0349). WHEREAS, McIntosh & Associates for Black Ops Real Estate, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from R -1 (One Family Dwelling) to R -: (Limited Multiple Family Dwelling) on approximately 56.19 acres located south of Panama Lane, approximately 700 feet west of Stine Road on the west side of the Farmers Canal (the "Project "); and WHEREAS, the Planning Commission held a public hearing on December 20, 2012, and approved Resolution No. 42 -12, which recommended that the City Council adopt a Negative Declaration and approve the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, initial study, special studies, deliberation, and action by the Planning Commission; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The Planning Commission's findings as contained in its Resolution No. 42 -12 are hereby adopted. 2. The Negative Declaration is hereby adopted. 3. The change to the zone district is hereby approved subject to the mitigation measures /conditions of approval in Exhibit A, and incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 as shown in Exhibit B and as specifically described in Exhibit C. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. --- - - - - -- 000--- - - - - -- 81 g P KF9�r �' fn V C': HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on MAR 101013 , by the following vote: PCOUNCILMEMBER COUNCILMEMBER : COUNCILMEMBER ABSENT: COUNCILMEMBER MAR 101013 APPROVED HARVEY L. HALL MAYOR of the City of Ba APPROVED as to form: VIRGINIA GENNARO City At rney By: ANDREW HEGLUN Deputy City Attorney MAXWELL, WEIR, SIWITH, HANSON, SULLIVAN, JOHNSON ROBERTA GAFFORD, C CITY CLERK and Ex Off io Clerk of the Council of the City of Bakersfield Exhibits: A Mitigation Measures /Conditions of Approval B Zone Change Map C Legal Description CG\ S: \GPAs \GPA 4th 2012 \12 - 0349 \Reso & Ord \CC ZC Ordinance.doc o``eAKF9� v o ORIGINAL Exhibit A Mitigation Measures /Conditions of Approval F vF 9,9 0 0 �'. F; rr U U r i7 OAWQL Exhibit A Mitigation Measures & Conditions of Approval General Plan Amendment /Zone Change No. 12 -0349 MITIGATION MEASURES FROM NEGATIVE DECLARATION: Air Quality and Greenhouse Gas Mitigation Measures 1. The proposed project will have air pollutant and greenhouse gas 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 and rules required by the San Joaquin Valley Air Pollution Control District. Mitigation for Air Quality and Greenhouse Gas impacts. 2. The following measures either have been applied to the project through the CaIEEMOD model and will be incorporated into the project by design or will be implemented in conjunction with SJVAPCD rules. 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 mitigation measures to be taken are as follows: a. Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20% opacity. b. 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. c. Reduce speed on unpaved roads to less than 15 miles per hour. d. Install and maintain a track out control device that meets the specifications of 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. e. 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. f. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. g. When transporting materials offsite, maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. h. 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). i. Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizer /suppressants. j. Remove visible track -out from the site at the end of each workday. k. 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 Air Quality and Greenhouse Gas impacts. Page 1 of 5 o`` 0 AKF9� i m o ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0349 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: a. Maintain all construction equipment as recommended by manufacturer manuals. b. Shut down equipment when not in use for extended periods. c. Construction equipment shall operate no longer than eight (8) cumulative hours per day. d. Use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. e. Curtail use of high- emitting construction equipment during periods of high or excessive ambient pollutant concentrations. f. All construction vehicles shall be equipped with proper emissions control equipment and kept in good and proper running order to substantially reduce NOx emissions. g. On -Road and Off -Road diesel equipment shall use diesel particulate filters if permitted under manufacturer's guidelines. h. On -Road and Off -Road diesel equipment shall use cooled exhaust gas recirculation (EGR) if permitted under manufacturer's guidelines. i. All construction workers shall be encouraged to shuttle (car -pool) to retail establishments or to remain on -site during lunch breaks. j. All construction activities within the project area shall be discontinued during the first stage smog alerts. k. 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 Air Quality and Greenhouse Gas impacts. Biological Impact Mitigation Measures 4. 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 biological impacts. 5. 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 K, ground disturbance. h-1— fffn CAS Page 2 of 5 C NAL EXHIBIT A Mitigation Measures 8 Conditions of Approval GPA /ZC No. 12 -0349 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. Mitigation for biological impacts. Cultural Impact Mitigation Measures 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 Resource Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation for cultural impacts. 7. 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 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 cultural impacts. CONDITIONS OF APPROVAL: Public Works 8. 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 (If a tentative subdivision map over the entire GPA /ZC area is submitted, these conditions can be met at the time of the map): F- IT Page 3 of 5 ORIGINAL EXHIBIT A Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0349 a. Provide fully executed dedication for Panama Lane to arterial standards and for Berkshire Road for collector standards for the full frontage of the area within the GPA request. This extends from the west GPA /ZC boundary to the Arvin- Edison Canal crossing. 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. b. This GPA /ZC area has an approved drainage study for an R -1 zone under Tentative Tract 6478/7222. This study showed this area sharing a sump with Tract 6553. Submit a study showing if the change to R -2 impacts the original drainage study and, if so, what modifications must be done to accommodate the change. Developer shall be responsible for any modifications necessary to existing facilities, as well as for construction of facilities onsite. c. This GPA /ZC area has an approved sewer study for an R -1 zone under Tentative Tract 6478/7222. Resubmit the study 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. For orderly development. 9. 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. This also includes connection of the sidewalk along the south side of Panama Lane to the existing sidewalk to the east at the Arvin- Edison Canal. 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 of all infrastructure will be addressed at the subdivision map stage. For orderly development. 10. There is an existing graded sump area on the west side of this GPA /ZC area that straddles this property and Tentative Tract 6553 to the west. Before this sump can be utilized, acquire a flowage and drainage easement for that portion outside the boundary of this GPA /ZC area, or temporarily modify the sump to prevent storm water from traveling outside the GPA /ZC area. For orderly development. 11. Update the maintenance district documents, including the Proposition 218 ballot and the Covenant. The ballot and covenant shall be signed and notarized. For orderly development. 12. Payment of the proportionate share of the cost of the median for the arterial 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. For orderly development. Page 4 of 5 �4 � AxF9s T i m cv O ORIGINAL _0;II IiTI Mitigation Measures & Conditions of Approval GPA /ZC No. 12 -0349 13. The development is required to pay into the adopted Regional Traffic Impact Fee fixed rate program. Mitigation for Traffic Impacts. Plannina 14. Prior to recordation of the final map(s) for the subject property, the subdivider /applicant 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, based on the dwelling units approved by this General Plan Amendment. However, if the number of dwelling units increases or decreases upon recordation of a final map(s), the park land requirement will proportionately change accordingly. For orderly development. 15. Prior to recordation of the final map(s) for the subject property, the applicant shall provide the right of way for a Class II bike lane at the north end of the project site along Panama Lane. For orderly development. Parks 16. Developer /applicant shall, at the time of issuance of a building permit, pay all development fees at the rate in effect at time of the vesting of the map for the type of dwelling units subject to the permit. For orderly development. City Attorney 17. 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 and 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. CG: S: \GPAs \GPA 4th 2012\ 1 2-0349\Conditions Ex A.doc Page 5 of 5 o�� P, K6�9 S r U t7 ORIGINAL. Exhibit B Zone Change Location Map o� g A KF9� _ rn ORIGINAL V IT M O N T- W CD Z Q 2 U W Z O N �--JL V V iI 11 k �IJkuu( i "�--� r —� r —r-- -� ,—, ,� ,� F oa sa3 )4e co �. w r- _ N 0 M H O 9s� m r- � O ORIGINAL Exhibit C Zone Change Legal Description " KF9 � fn f- f. U � ORIGINAL. EXHIBIT " , ZONECHANGE LEGAL DESCRIPTION AREA NO. 1- PROPOSED R -2 (FROM R -1) BEING A PORTION OF LOT 2 OF PARCEL MAP WAIVER NO. 04 -0357, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 14, 2004 AS INSTRUMENT NO. 0204307843, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27 AS MARKED BY A CONCRETE MONUMENT WITH A BRASS TAG STAMPED CITY OF BAKERSFIELD; THENCE SOUTH 89 °05'24" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION A DISTANCE OF 1006.99 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 °34'37" WEST, A DISTANCE OF 80.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF PANAMA LANE, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 2 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING TEN (10) COURSES: 1) SOUTH 89 °05'24" EAST, ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF PANAMA LANE, A DISTANCE OF 525.94 FEET; THENCE 2) DEPARTING SAID SOUTHERLY RIGHT -OF -WAY LINE, SOUTH 45 °33'59" WEST, A DISTANCE OF 44.02 FEET; THENCE 3) SOUTH 00 °29'41" WEST, A DISTANCE OF 79.60 FEET; THENCE 4) SOUTH 89 °00'17" EAST, A DISTANCE OF 332.28 FEET; THENCE 5) SOUTH 48 °42'59" EAST, A DISTANCE OF 45.73 FEET; THENCE 6) SOUTH 08 °24'05" EAST, A DISTANCE OF 112.56 FEET; THENCE 7) SOUTH 08 °23'19" EAST, A DISTANCE OF 833.35 FEET; THENCE 8) SOUTH 00 °0017" EAST, A DISTANCE OF 235.61 FEET; THENCE 9) NORTH 89 °03'12" WEST, A DISTANCE OF 1011.71 FEET TO THE WESTERLY INE OF SAID LOT 2; THENCE 10) NORTH 00 °34'37" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF 1309.46 FEET TO THE POINT OF BEGINNING. CONTAINING 27.36 (NET) ACRES, MORE OR LESS. AREA NO. 2 - PROPOSED R -2 (FROM R -1) BEING A PORTION OF LOT 2 OF PARCEL MAP WAIVER NO. 04 -0357, AS EVIDENCED BY THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 14, 2004 AS INSTRUMENT NO. 0204307843, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 27, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: �gAKF� m r-- {:� z� OHIGINAL EXHIBIT "C" ZONE CHANGE LEGAL DESCRIPTION (CONTINUED) COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 27 AS MARKED BY A CONCRETE MONUMENT WITH A BRASS TAG STAMPED CITY OF BAKERSFIELD; THENCE SOUTH 89 °05'24" EAST, ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION A DISTANCE OF 1006.99 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 00 °34'37" WEST, A DISTANCE OF 80.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF PANAMA LANE, ALSO BEING THE NORTHWEST CORNER OF SAID LOT 2; THENCE DEPARTING SAID SOUTHERLY RIGHT -OF -WAY LINE, CONTINUING SOUTH 00034'37" WEST, ALONG THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 1309.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING SIX (6) COURSES: 1) DEPARTING SAID WESTERLY LINE, SOUTH 89 °03'12" EAST, A DISTANCE OF 1011.71 FEET; THENCE 2) SOUTH 00 °00'17" EAST, A DISTANCE OF 113.55 FEET; THENCE 3) NORTH 90 °00'00" EAST, A DISTANCE OF 37.26 FEET TO THE EASTERLY LINE OF SAID LOT 2; THENCE 4) SOUTH 00-34-37" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 1087.11 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE 5) NORTH 89-03'12" WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 2, A DISTANCE OF 1050.12 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE 6) NORTH 00-34'37" EAST, ALONG THE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 1200.03 FEET TO THE POINT OF BEGINNING. CONTAINING 28.83 (NET) ACRES, MORE OR LESS. �D%_AND S& JEFFREY L MARTN JEFFREY L. TIN DATE EXP�/•I >�•'�' �C L.S. 5798 LS 5798 EXPIRES 6 -30 -14 MCINTOSH Assocwms 661 - 834 -4814 • 661 -834 -0972 2001 Wheelan Court • Bakersfield, CA 93309 � g AKF9 c> s P: \PROJECTS\ 12033.00- Panama \Legals \12033GPA- ZCOi.docx ~- M 0 r- c, ORIGINAL 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 22th day of March, 2013 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4722, passed by the Bakersfield City Council at a meeting held on the 20th day of March, 2013 and entitled: AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL ADOPTING A NEGATIVE DECLARATION AND APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT FROM R -1 (ONE FAMILY DWELLING) TO R -2 (LIMITED MULTIPLE FAMILY DWELLING) ON APPROXIMATELY 56.19 ACRES LOCATED SOUTH OF PANAMA LANE, APPROXIMATELY 700 FEET WEST OF STINE ROAD ON THE WEST SIDE OF THE FARMERS CANAL, (GPA/ZC NO. 12- 0349). ROBERTA GAFFORD City Clerk and Ex Officio of the Council of the City of Bakersfield By: J &8LI�zle DEPU City Clerk SAD0CUMEN7\F0RMSW0P.0RD.wpd