HomeMy WebLinkAboutORD NO 4737y
ORDINANCE NO. 4737
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 SOUTHWEST CORNER OF MING AVENUE AND GOSFORD
ROAD (ZC NO. 13- 0166).
WHEREAS, McIntosh & Associates for Castle & Cooke California, Inc. and
University Park Community Association, filed an application with the City of Bakersfield
Community Development Department requesting approval of a zone change from a
Planned Unit Development zone to a Revised Planned Unit Development Zone No. 13-
0166 ( "Project ") approximately 4.65 acres generally located at the southwest corner of
Ming Avenue and Gosford Road, as shown in attached Exhibit "B, "; and
WHEREAS, the Planning Commission held a public hearing on June 20, 2013, and
approved Resolution No. 30 -13, which recommended that the City Council approve
the Project subject to attached Exhibits A, D and E; and
WHEREAS, an initial study was conducted in which it was determined that the Project
would not have a significant effect on the environment, and a Negative Declaration was
prepared and adopted by the City Council on August 16, 2006, in conjunction with related
PUD /ZC 06 -0332, in accordance with CEQA; and
WHEREAS, substantial changes to the project previously evaluated have not
occurred, substantial changes to circumstances under which the project will be
undertaken have not occurred, and no new information indicating the proposed
project will have more significant impacts or impact previously not examined has been
provided; and
WHEREAS, the above described project requires no additional environmental
analysis in accordance with California Environmental Quality Act (CEQA) Guidelines
Section 15162; 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:
1. The Planning Commission's findings as contained in its Resolution No. 30 -13
are hereby adopted.
Page 1 of 3
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ORIGINAL.
2. The Project is subject to mitigation measures found in the previously
adopted Negative Declaration for PUD /ZC 06 -0332.
3. The Project is hereby approved 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 A and as specifically
described in Exhibit B, 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.
--- - - - - -- 000 --- - - - - --
HEREBY CERTIFY that the foregoing Ordinance was passed and ado
K��sd by the
Council of the City of Bakersfield at a regular meeting held on SEP 1 1
by the following vote:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERRIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, JOHNSON
COON
SEP 1 1 1013
HARVEY L. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNIRO
City AKi ney I
in
ANDREW HEGLUND N
Deputy City Attorney
ROBERTA GAFFORD, C
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
Page 2 of 3
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ORIGINAL
Exhibits: A Mitigation Measures /Conditions of Approval
B Revised PUD Map
C Legal Description
D PUD Site Plan
E Architecture Elevations
By: elisheva\ S: \ZoneChange \Dev Plan Review \13 - 0166 \CC \13 -0166 CC ZC Ordinance .docx
Page 3 of 3
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ORIGINAL
EXHIBIT "A"
REVISED PLANNED UNIT DEVELOPMENT ZONE CHANGE #13 -0166
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.
PUBLIC WORKS DEPARTMENT
2. Prior to approval of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur.
2.1. Provide fully executed dedication for Ming Avenue and Gosford Road to arterial
standards for the full frontage of the area within the ZC request as necessary. 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 ZC area is submitted,
dedication can be provided with the map.
2.2. 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, the sump must be
privately maintained.
2.3. 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.
2.4. 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.
Elisheva / S:2oneChangeOev Plan Review113- 0166113 -0166 Exh A.doc �9AKFq
August 16, 2013
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ORIGINAL
Exhibit "1"
Revised PUD 13 -0166
Page 2 of 3
3. The entire area covered by this Zone Change shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate
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 ZC area.
4. Payment of median fees for the arterial frontage of the property within the ZC request is
required (if not previously paid) prior to recordation of any map or approval of any
improvement plan for the ZC area.
4.1. Garbage pickup will not be allowed in the drive isles of cluster unit lots and garbage
containers must be moved to the private streets for pickup.
PLANNING DEPARTMENT
5. The following are the approved minimum setbacks for the 46'x 72' size lots:
Front -yard: 20 -ft to garage door; 15 -ft to structure; 10 -ft to front porch
Side -yard: 5 -ft to structure
Rear -yard: 11 -ft to structure; 5 -ft to covered patio
Orderly development.
6. All residential dwelling units shall have roll -up garage doors.
Orderly development.
7. The PUD Site Plan and Architectural Elevations are approved as attached in Exhibits 5 and 6.
MITIGATION MEASURES
Air Quality - Recommended by McIntosh & Associates in "Air Quality Impact Analysis for Ming &
Gosford Project ", December 2005
8. Construction PM10 Mitigation Measures:
The project will maintain compliance with all SJVAPCD Regulation VIII requirements.
• Water all unpaved or haul road surfaces as needed.
• Limit speed on all unpaved roads to 15 mph.
• Water any exposed ground surfaces as needed.
• Stabilize all disturbed areas including inactive storage piles on an as needed basis.
• Maintain at least a 6 inch freeboard space during transport of materials and /or cover and
wet to limit dust emissions.
• Remove mud or dirt accumulations on public roadways immediately when track out
exceeds 50 or more feet as well as at the end of the work day.
• Cease grading activities during periods of high winds where entrainment of dust will
exceed the SJVAPCD 20% opacity requirement. �OAKF9
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ORIGINAL
Exhibit "1"
Revised PUD 13 -0166
Page 3 of 3
9. Construction Equipment Mitigation Measures:
• Limit idling to no more than 20 minutes at a time.
• All construction equipment shall be maintained to manufacturers' specifications.
• Where possible electric equipment shall be used in lieu of diesel or gas powered
equipment.
• Encourage employees at the construction sites to carpool to and from work as well as
during established lunch hours.
10. Long Term Emissions Mitigation Measures:
• Provide adequate street lighting.
• Provide sidewalks and pedestrian signs and signalization where appropriate.
• Pedestrian safety designs /infrastructures shall be provided at crossings.
• When Transit becomes available to the site, signs, displays, benches and turnouts shall be
provided as needed.
Biological Resources
11. The developer will continue with Kit Fox den avoidance techniques previously utilized during
vegetative knockdown at the site. Additionally, the developer will adhere to United States Fish and
Wildlife and California Department of Fish and Game Guidelines for kit foxes and, according to the
Metropolitan Bakersfield Habitat Conservation Plan, the developer will be required to pay habitat
mitigation fees, excavate known kit fox dens, and notify agencies prior to grading in areas of
known dens.
Mitigation measure recommended by Paul Pruett and Associates in "Site Monitoring Report, 24 +/-
Acres, Ming Avenue and Gosford Road, Bakersfield, California, Castle & Cooke Homes, Inc. ",
March, 2006
12. The current Metropolitan Bakersfield Habitat Conservation Plan (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
13. If during construction activities or ground disturbance, cultural resources are uncovered, the
subdivider shall stop work and retain a qualified archeologist for further study. Subdivider shall
notify the proper authorities and be subject to any mitigation measures required of the
archeologist.
Mitigation measure as recommended by TG &S in "An Archaeological Assessment of Parcel /v
10313, A 30 Acre Development in Southwest Bakersfield, Kern County, California ", May, 19�t�A
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ORIGINAL
EXHIBIT B
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ORIGINAL
EXHIBIT "C"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION
PROPOSED ZONING REVISED PUD
BEING LOT 98 THROUGH LOT 105, LOT 156 THROUGH LOT 217, LOT "K ", LOT "M" AND LOT
"N" OF TRACT NO. 6799 FILED FOR RECORD MARCH 6, 2007 IN MAP BOOK 57 AT PAGES 71
THROUGH 79, IN THE OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING ALL
THOSE PORTIONS OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 30 SOUTH,
RANGE 27 EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ZONE CHANGE AREA NO. 1
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, MARKED BY A 6 INCH
CONCRETE MONUMENT WITH BRASS CAP STAMPED "RCE 6640" IN A LAMPHOLE PER
SAID TRACT MAP, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
GOSFORD ROAD AND MING AVENUE; THENCE SOUTH 00 °29'10" WEST, ALONG THE EAST
LINE OF THE NORTHEAST QUARTER AND THE CENTERLINE OF GOSFORD ROAD, A
DISTANCE OF 652.79 FEET; THENCE DEPARTING SAID LINES, NORTH 89 030'50" WEST, A
DISTANCE OF 99.79 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE
FOLLOWING NINE (9) COURSES:
1) SOUTH 44 °56'06" EAST, A DISTANCE OF 28.08 FEET; THENCE
2) SOUTH 00 °21'24" EAST, A DISTANCE OF 316.33 FEET; THENCE
3) SOUTH 00 °29'10" WEST, A DISTANCE OF 199.00 FEET; THENCE
4) NORTH 89 °30'50" WEST, A DISTANCE OF 126.75 FEET TO A POINT OF CUSP WITH A
CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 39.00 FEET, FROM WHICH
POINT A RADIAL LINE BEARS NORTH 00 029'10" EAST; THENCE
5) NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 164 °50'49 ", AN
ARC DISTANCE OF 112.21 FEET TO THE BEGINNING OF A REVERSE CURVE,
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE
6) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
74 °50'49 ", AN ARC DISTANCE OF 26.13 FEET; THENCE
7) NORTH 00 °29'10" EAST, A DISTANCE OF 419.05 FEET TO THE BEGINNING OF A
CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 20.00 FEET; THENCE
8) NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
90 °00'00 ", AN ARC DISTANCE OF 31.42 FEET; THENCE
9) SOUTH 89 °30'50" EAST, A DISTANCE OF 86.67 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.52 ACRES, MORE OR LESS.
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EXHIBIT "C"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION (CONTINUED)
ZONE CHANGE AREA NO.2
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, MARKED BY A 6 INCH
CONCRETE MONUMENT WITH BRASS CAP STAMPED "RCE 6640" IN A LAMPHOLE PER
SAID TRACT MAP, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
GOSFORD ROAD AND MING AVENUE; THENCE SOUTH 00 °29'10" WEST, ALONG THE EAST
LINE OF THE NORTHEAST QUARTER AND THE CENTERLINE OF GOSFORD ROAD, A
DISTANCE OF 1,187.79 FEET; THENCE DEPARTING SAID LINES, NORTH 89 030'50" WEST, A
DISTANCE OF 240.89 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE
FOLLOWING FIVE (5) COURSES:
1) CONTINUING NORTH 89 °30'50" WEST, A DISTANCE OF 852.74 FEET; THENCE
2) NORTH 02 °06'31" EAST, A DISTANCE OF 132.05 FEET; THENCE
3) SOUTH 89 °30'50" EAST, A DISTANCE OF 834.00 FEET; THENCE
4) SOUTH 44 °30'50" EAST, A DISTANCE OF 21.21 FEET; THENCE
5) SOUTH 00 °29'10" WEST, A DISTANCE OF 117.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2.58 ACRES, MORE OR LESS.
ZONE CHANGE AREA NO.3
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION, MARKED BY A 6 INCH
CONCRETE MONUMENT WITH BRASS CAP STAMPED "RCE 6640" IN A LAMPHOLE PER
SAID TRACT MAP, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF
GOSFORD ROAD AND MING AVENUE; THENCE SOUTH 00 °29'10" WEST, ALONG THE EAST
LINE OF THE NORTHEAST QUARTER AND THE CENTERLINE OF GOSFORD ROAD, A
DISTANCE OF 1,187.79 FEET; THENCE DEPARTING SAID LINES, NORTH 89 °30'50" WEST, A
DISTANCE OF 1,093.63 FEET; THENCE NORTH 02 006'31" EAST, A DISTANCE OF 188.08
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING FIVE (5)
COURSES:
1) CONTINUING NORTH 02 °06'31" EAST, A DISTANCE OF 268.10 FEET; THENCE
2) SOUTH 89 °30'50" EAST, A DISTANCE OF 85.92 FEET; THENCE
3) SOUTH 00 °29'10" WEST, A DISTANCE OF 258.00 FEET; THENCE
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EXHIBIT "C"
PROPOSED ZONE CHANGE
LEGAL DESCRIPTION (CONTINUED)
4) SOUTH 45 °29'10" WEST, A DISTANCE OF 14.14 FEET; THENCE
5) NORTH 89 030'50" WEST, A DISTANCE OF 83.51 FEET TO THE POINT OF BEGINNING.
CONTAINING 0.55 ACRES, MORE OR LESS.
Q t,.ANO ,
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JEFFREY L. IN DATE
L.S. 5798 EXP� �E
EXPIRES 6 -30 -14 LS 5798
MCIWOSH
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661- 834 - 4814.661- 834 -0972
2001 Wheaten Court • Bakersfield, CA 93309
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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 16th day of September, 2013 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4737, passed by the
Bakersfield City Council at a meeting held on the 11th day of September. 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
SOUTHWEST CORNER OF MING AVENUE AND GOSFORD ROAD (ZC
NO. 13 -0166)
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:
DEPU ity I
S: \DOCU ME N'RFORMSWOP. ORD.wpd