HomeMy WebLinkAboutORD NO 4735ORDINANCE NO. Ir 4 7 3 5
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING
AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE
NORTHEAST CORNER OF NORIEGA ROAD AND RUDD AVUENUE.
(GPA /ZC NO. 13- 0006).
WHEREAS, McIntosh & Associates for Black Ops Real Estate III, filed an application
with the City of Bakersfield Community Development Department requesting to change
the zone district from County A (Exclusive Agriculture) to City R -1 (One Family Dwelling) on
40 acre acres located at the northeast corner of Noriega Road and Rudd Avenue (the
"Project "); and
WHEREAS, the Planning Commission held a public hearing on March 21, 2013, and
approved Resolution No. 15 -13, which recommended that the City Council adopt a
Negative Declaration; and
WHEREAS, the City Council has adopted a Negative Declaration for the Project;
and
WHEREAS, the City Council considered all facts, testimony, and evidence
concerning the Project, including the staff report, Negative Declaration and the Planning
Commission's deliberation, and action; 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:
The Planning Commission's findings as contained in its Resolution No. 15 -13 are
hereby adopted.
2. The Project 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 located
on the map as shown in Exhibit B and as specifically described in Exhibit C, all
of which are incorporated herein.
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.
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ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the
Council of the City of Bakersfield at a regular meeting held on JIIN 2 6 1013 by
the following vote:
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ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City A o ney
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures /Conditions of Approval
B Zone Change Map
C Legal Description
By: DL\ S: \GPAs \GPA 1st 2013\ 13- 0006 \ResOrd \RES CC ZC Ordinance.doc
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ORIGINAL
AYE
COUNCILMEMBER
MAXWELL, WEIR 'SULLIVAN JOHNSON
NOES:
COUNCILMEMBER
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COUNCILMEMBER
AB
COUNCILMEMBER_
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ROBERTA GAFFORD, CM
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City A o ney
By:
ANDREW HEGLUND
Deputy City Attorney
Exhibits: A Mitigation Measures /Conditions of Approval
B Zone Change Map
C Legal Description
By: DL\ S: \GPAs \GPA 1st 2013\ 13- 0006 \ResOrd \RES CC ZC Ordinance.doc
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Exhibit A
Mitigation Measures & Conditions of Approval
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ORIGINAL
EXHIBIT A
MITIGATION MEASURES & CONDITIONS OF APPROVAL
GENERAL PLAN AMENDMENT /ZONE CHANGE NO. 13 -0006
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Quality and Green House Gas Mitigation Measures
1. 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 air quality and green house gas impacts.
Agricultural Impact Mitigation Measures
2. Prior to issuance of a grading or building permit for urban development, or support facilities
as contemplated in the Project, whichever occurs last, the applicant shall mitigate the loss
of net acreage of agricultural lands, on a one -to -one basis, by selection one or more of the
items described below. Net acreage is to be calculated based on the exclusion of existing
roads, proposed beltways, freeways, and arterial roads. The applicant shall submit written
verification of the applicant's compliance with this mitigation measure to the Planning
Director's satisfaction. Compliance with this condition may be phased as the project is
developed. The net acreage of agricultural land to be mitigated shall be equal to the
amount of land being developed as each phase is developed.
a. Funding and /or purchase of agricultural conservation easements. Such easements
shall be accepted or purchased and monitored and enforced by a land trust or
another appropriate entity. Funds may be used for easement purchases, ongoing
monitoring and enforcement, transaction costs, and reasonable administrative costs.
b. Contribution of agricultural land or equivalent funding to an organization that
provides for the preservation of farmland in California. Funds may be used for
purchases, ongoing monitoring and enforcement, transaction costs, and reasonable
administrative costs.
c. Purchase of credits from an established agricultural farmland mitigation bank
approved by applicable governmental authority.
Mitigation for agricultural impacts.
3. During the life of the Project, if the City of Bakersfield or other responsible agency adopts
an agricultural land mitigation program that provides equal or more effective mitigation
than measures listed above, the applicant may choose to participate in that alternative
program to mitigate loss of agricultural land impacts. Prior to participation in the alternate
program, the applicant shall obtain written approval from the City of Bakersfield agreeing
to the participation, and the applicant shall submit written verification of compliance with
the alternate program at the same time described above in the first paragraph. gAKF IQ
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA /ZC 13 -0006
Page 2
Agricultural land used for mitigation shall be of at least equal agricultural classification as
the land being converted or be capable of being developed as such; that is, mitigation
land shall be classified or developed as Prime Farmland, Farmland of Statewide
Importance, etc., (as established by the California Department of Conservation in the
Farmland Mapping and Monitoring Program), the mitigation acreage being at least
equivalent in classification to the converted land, or being capable of producing the same
or equivalent crops as the land being converted.
Completion of the selected mitigation measure, or with the Planning Director's approval, a
combination of the selected mitigation measures can be on qualifying agricultural land
within the San Joaquin Valley (San Joaquin, Stanislaus, Merced, Fresno, Madera, Kings,
Tulare, Kern), or outside the San Joaquin Valley with written evidence that the same or
equivalent crops can be produced on the mitigation land.
Mitigation for agricultural impacts.
4. If adjacent properties are utilized for agricultural proposes and /or have not receive
entitlements for development at the time of development on the subject property, then a
covenant shall be recorded on all residential lots disclosing their proximity to agricultural
uses and any associated effect on their property. Such proof shall be submitted to the
Planning Director prior to recordation of final subdivision maps within the GPA area.
Mitigation for agricultural impacts.
Biological Impact Mitigation Measures
5. The burrowing owl is a migratory bird species protected by international treaty under the
Migratory Bird Treaty Act (META) of 1918 U. S. C. 703 -711). The MBTA makes it unlawful to
take, posses, 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 Wildlife 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.
6. 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 Wildlife. Developer shall be subject to the mitigation measures recommended
by the consultant. A copy of the survey shall be provided to the Planning Department prioo
to ground disturbance.
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA /ZC 13 -0006
Page 3
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 Wildlife
Department.
Mitigation for biological impacts.
Mitigation to Reduce Impacts to Kit Foxes and Other Animals during construction activities:
7. A preconstruction clearance survey shall be conducted not more than 30 days prior to
ground disturbance to search for sensitive species or fox dens. This survey shall be
conducted in accordance with accepted USFWS and CDFW protocols. Any sensitive
species or occupied den or burrow subsequently identified shall be reported in
accordance with agency requirements.
Mitigation to reduce biological impacts during construction activities.
8. All employees, contractors, or other persons involved in the construction of the project shall
attend a "tailgate" session informing them of the biological resource protection measures
that will be implemented for the project. The orientation shall be conducted by a qualified
biologist and shall include information regarding the protected species, reasons for special
status, a summary of applicable environmental law, and measures intended to reduce
impacts.
Mitigation to reduce biological impacts during construction activities.
9. To minimize temporary disturbances, all project - related vehicle traffic shall be restricted to
established roads, construction areas, and other designated areas. These areas shall also
be included in preconstruction surveys and, to the extent possible, shall be established in
locations disturbed by previous activities to prevent further impacts.
Mitigation to reduce biological impacts during construction activities.
10. Project - related vehicles shall observe a 20 -mph speed limit in all project areas during
construction, except on county roads and State and Federal highways: this is particularly
important at night when kit foxes are most active. To the extent possible, night -time
construction shall be minimized. Off -road traffic outside of designated project areas shall
be prohibited.
Mitigation to reduce biological impacts during construction activities.
Excavations shall either be constructed with escape ramps or covered to prevent
entrapment of kit foxes or other animals. All trenches or steep - walled excavations greater
than two feet deep shall include escape ramps to allow wildlife to escape. Eq�Z+KFq
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA /ZC 13 -0006
Page 4
excavation shall contain at least one ramp, with trenches containing at least one ramp
every 114 mile. Slope of ramps shall be no steeper than 1:1.
Mitigation for biological impacts.
12. All pipes, culverts, or similar structures with a diameter of four inches or greater shall be kept
capped to prevent entry of kit fox. If they are not capped or otherwise covered, they will
be inspected prior to burial or closure to ensure no kit foxes, or other protected species,
become entrapped. If a kit fox is discovered inside a pipe, a qualified biologist shall be
consulted for further action notification. If necessary, and under the direct supervision of
the biologist, the pipe may be moved once to remove it from the path of construction
activity, until the fox has escaped.
Mitigation for biological impacts.
13. All food, garbage, and plastic shall be disposed of in closed containers and regularly removed
from the site to minimize attracting kit fox or other animals.
Mitigation to reduce biological impacts during construction activities.
14. No firearms shall be allowed on the project site.
Mitigation to reduce impacts during construction activities.
15. To prevent harassment, mortality of kit foxes or destruction of dens by dogs or cats, no pets
shall be permitted on the project site.
Mitigation to reduce biological impacts during construction activities.
16. Use of rodenticides and herbicides in project areas shall be restricted. This is necessary to
prevent primary or secondary poisoning of kit foxes and the depletion of prey populations
on which they depend. All uses of such compounds shall observe label and other
restrictions mandated by the U. S. Environmental Protect Agency, California Department of
Food and Agriculture, and other State and Federal legislation, as well as additional project -
related restrictions deemed necessary by the Service. If rodent control must be
conducted, zinc phosphide shall be used because of proven lower risk to kit fox.
Mitigation for biological impacts.
Cultural Impact Mitigation Measures:
18. 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.
19. 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 Wt AKF9s
archaeological resources (i.e. archaeological sites, artifacts, features, burials, etc.) ;
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA /ZC 13 -0006
Page 5
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.
Traffic Impacts:
20. The development is required to pay into the adopted Phase IV Regional Traffic Impact Fee
fixed rate program.
For traffic impacts.
CONDITIONS OF APPROVAL:
Public Works:
21. 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, than these
conditions can be met with the map):
a. Provide fully executed dedication for Noriega Road to collector standards for the full
frontage of the area within the GPA request, Jhana Lane to local standards within the
northeast corner area of the GPA request and the West Beltway (Rudd Avenue) to
freeway standards based on the specific plan line adopted by the City of Bakersfield
and the County of Kern 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. Dedications shall include sufficient widths for
expanded intersections and additional areas for landscaping as directed by the City
Engineer.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than 1 sump may be utilized to serve this area; this sump should be
located so that they may be available to serve adjacent areas as they develop. If
only one sump is utilized to serve this GPA /ZC area, it need not be so located. The
study shall be approved and any required retention site and necessary easements
dedicated to the City.
c. The GPA /ZC area is within the North of the River Sanitary District No. 1. Sewer service in
this area must conform to the NORDS's adopted Sewer Study, and construction of
sewer lines shall be per NORSD's requirements. All trench backfill and paving withinok�AKF9s�
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA /ZC 13 -0006
Page 6
the public right of way shall require an Open Street Permit and be per the City of
Bakersfield.
d. 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.
For orderly development.
22. 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.
23. Prior to the issuance of building permits, the project applicant shall participate in the RTIF
program by paying the adopted commercial and residential unit fees in place for the
various land use types at time of development.
For traffic impacts.
Planning Department:
24. If adjacent properties are utilized for agricultural proposes and /or have not receive
entitlements for development at the time of development on the subject property, then
a covenant shall be recorded on all residential lots disclosing their proximity to
agricultural uses and any associated affect on their property. Such proof shall be
submitted to the Planning Director prior to recordation of final subdivision maps within the
GPA area.
For orderly development.
25. Prior to recordation of a final map, the subdivider shall provide the Planning Department
written proof /verification from North of the River Recreation and Park District that said
project is within the NOR Park Maintenance District.
North of the River Recreation and Park District requested condition for orderly development.
City Attorney:
26. 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 e AK
them, before administrative or judicial tribunals of any kind whatsoever, in any way arising or F1sp
from, the terms and provisions of this application, including without limitation any CEQA�: m
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ORIGINAL
Exhibit A
Mitigation Measures & Conditions of Approval
GPA /ZC 13 -0006
Page 7
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 2012 \12 - 0373 \AdminSR \ Exhibit A.doc
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ORIGINAL
Exhibit B
Zone Change location Map
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Exhibit C
Zone Change Legal Description
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)RIGINAL
EXHIBIT "A"
GPA & ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED LR (FROM R -1A) & R -1 (FROM A)
BEING ALL OF LOTS 13 AND 14 ACCORDING TO THE SALES MAP OF LANDS OF KERN
COUNTY LAND COMPANY LOCATED IN SECS 1890, IN
TOWNSHIi OFFICE
COUNTY RECORDER, P 9 SOUTH, RANGE 26
EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA.
CONTAINING 40.06 ACRES, MORE OR LESS.
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\ LS 5798 /
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JEFFREY IN DATE
L.S. 5798
EXPIRES 6 -30 -14
MCINTOSH
ASSOCIATES
661 -834 -4814 •661- 834 -0972
2001 Wheelan Court • Bakersfield, CA 93309
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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 28th day of June, 2013 she posted on the Bulletin Board at City Hall, a
full, true and correct copy of the following: Ordinance No. 4735, passed by the
Bakersfield City Council at a meeting held on the 26th day of June. 2013 and entitled:
AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING
AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL
CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE
NORTHEAST CORNER OF NORIEGA ROAD AND RUDD AVENUE.
(GPA/ZC NO. 13- 0006).
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: --, At , GfOO AjV
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ORIGINAL