HomeMy WebLinkAboutORD NO 4064ORDINANCE NO. Z~ 0 6 4
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONE MAP NOS. 101-36
AND 122-01) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM R-1 TO
R-2 ON 43.45 ACRES AND FROM R-2 TO R-1 ON 17.67
ACRES AND AMENDING CONDITION NO. 29 OF CITY
COUNCIL ORDINANCE NO. 3774 FOR THOSE SITES
GENERALLY LOCATED BETWEEN THE KERN RIVER
FREEWAY SPECIFIC PLAN LINE, STOCKDALE HIGHWAY,
THE KERN RIVER, CALLOWAY DRIVE AND ALLEN ROAD
(FILE # P01-1019)
WHEREAS, in accordance with the procedure set forth in the provisions of Title 17 of
the Municipal Code of the City of Bakersfield, the Planning Commission held a public hearing
on a petition to change the land use zoning of those certain properties in the City of Bakersfield
generally located between the Kern River Freeway Specific Plan Line, Stockdale Highway; the
Kern River, Calloway Drive and Allen Road; and
WHEREAS, by Resolution No. 35-02 on April 4, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code
to approve R-1 and R-2 zoning as delineated on attached Zoning Map Nos. 101-36 and 122-01
marked Exhibit "2", by this Council and this Council has fully considered the recommendations
made by the Planning Commission as set forth in that Resolution; and
WHEREAS, by Resolution No.35-02 on April 4, 2002, the Planning Commission
recommended approval and adoption of an ordinance amending "condition number 29" of
"Ordinance Number 3774" and such existing condition is as follows:
29. "The applicant has offered to dedicate the 20-foot wide equestrian easement
along the east side of Allen Road (at the Rio Bravo Spreading Grounds) southerly
to Stockdale Highway, then easterly to the Cross Valley Canal, subject to the
approval of the Planning Director, prior to the issuance of a building permit for the
project. Further, that Castle & Cooke will dedicate a one acre site, for a "staging"
area and picnic area, prior to the issuance of a building permit for the site. Castle
& Cooke shall improve it as a "staging" area and picnic area for
equestrian/pedestrian uses, subject to the approval of the Planning Director, within
three years from commencement of the project, if the policy for park development
credit is adopted for trails by the City of Bakersfield, the city will recommend that
North Bakersfield Recreation & Park District give the applicant park credit for the
"staging" area improvements, which are provided in excess of $30,000. The one
acre site for the "staging" area is located north of the intersection of Stockdale
Highway and the Cross Valley Canal";
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 changes in zoning of the subject property from R-1 to R-2 and from R-2 to R-1 and
amending "condition number 29" of "Ordinance Number 3774" and the Council has considered
said findings and all appear to be true and correct; and
WHEREAS, the law and regulations relating to the preparation and adoption of Negative
Declarations, as set forth in CEQA and City of Bakersfield's CEQA Implementation Procedures,
have been duly followed by city staff, Planning Commission and this Council; and
WHEREAS, a Negative Declaration was advertised and posted on March 1, 2002 in
accordance with CEQA; and
WHEREAS, the general plan designation for this area allows LR (Low Density
Residential), GC (General Commercial) and OS-P (Open Space-Parks and Recreational
Facilities) development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have been followed.
Based on the initial study and comments received, staff has determined that the
proposed project could not have a significant effect on the environment. A
Mitigated Negative Declaration was prepared for the project in accordance with
CEQA.
4. The proposed project is consistent with the surrounding land uses.
The proposed project is consistent with the Metropolitan Bakersfield 2010
General Plan.
The public necessity, general welfare and good planning practices justify the
amendments to the Land Use Element of the Metropolitan Bakersfield 2010
General Plan and to amendments to Condition No. 29 of City Council Resolution
No. 70-97 agreed upon during the Planning Commission public hearing of April
4, 2002.
Based on the absence of evidence in the record as required by Section 21082.2
of the State of California Public Resources Code (CEQA) for the purpose of
documenting significant effects, it is the conclusion of the Lead Agency that this
project will result in impacts that fall below the threshold of significance with
regard to wildlife resources and, therefore, must be granted a "de minimis"
exemption in accordance with Section 711 of the Sate of California Fish and
Game Code. Additionally, the assumption of adverse effect is rebutted by the
above-reference absence of evidence in the record and the Lead Agency's.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
1.
2.
All of the foregoing recitals are hereby found to be true and correct.
The Negative Declaration is hereby approved and adopted.
'~)RIGINN.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield
be and the same is hereby amended by changing the land use zoning of that certain property in
said City, the boundaries of which property is shown on Zoning Map Nos.101-36 and 122-01
marked Exhibit "2" attached hereto and made a part hereof, and more specifically described in
attached Exhibit "3".
4. Amendments to Condition No. 29 of City Council Resolution No. 70-97
are hereby made as follows:
29. "Prior to recordation of any tract or parcel map within the South of Brimhall
Project area, the applicant shall dedicated a 20 foot wide equestrian easement
starting from a point on Allen Road (at the Rio Bravo recharge area) to a point on
the City of Bakersfield property adjacent to the Cross Valley Canal (subject to
approval of the Planning Director). Further, that Castle & Cooke will dedicate and
improve a one acre site, for a "staging" area and picnic area, prior to recordation of
any tract in the South of Brimhall Project area. Castle & Cooke shall improve it as
a "staging" area and picnic area for equestrian/pedestrian uses, subject to the
approval of the Planning Director. If the policy for park development credit is
adopted for trails by the City of Bakersfield, the city will recommend that North
Bakersfield Recreation & Park District give the applicant park credit for the staging
area improvements, which are provided in excess of $30,000. The one acre site for
the "staging" area is located north of the intersection of Stockdale Highway and the
Cross Valley Canal. The applicants obligation to make improvements as depicted
in Exhibit "A" may be waived upon payment of $30,000.00 to the City ( to cover
some of the City's cost to construct a "staging" and picnic area). The "South of
Brimhall" area is defined as that area bound by Allen Road, Stockdale Highway,
Jewetta Avenue and the Kern River Freeway".
5. Such zone change and amendments to Condition No. 29 of City Council
Resolution No. 70-97 are hereby made subject to the approval of conditions of approval and
mitigation measures listed in attached Exhibit "1", subject to approval of GPA P01-0219.
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 .........
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
JUN 1 2 20.02 , by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER ~
COUNCILMEMBER ~
COUNCILMEMBER ~
3
,~RIGINA~
CITY CLERK and Ex O fthe
Council of the City of Bakersfield
APPROVED ~J~ 1
HARVEY L. HALL -
MAYOR of the City of Bak~'sfield
APPROVED AS TO FORM:
By: 7~.~ ~..,,.~ ~..
S:\Dole\P01-1019\CC OZC.wpd
*F)RiGINAL
EXHIBIT "1"
Mitigation Measures/Conditions of Approval
General Plan Amendment/Zone Change P01-1019
Mitigation Measures
(From South of Brimhall Road Project EIR)
Mitigation Measures:
Prior to the issuance of a grading permit, the project applicant shall pay a
development fee in accordance with the Metropolitan Bakersfield Habitat
Conservation Plan (MBHCP).
Prior to the approval of a grading plan for any residential tract, multiple family
project, and commercial project, the project applicant shall submit a letter to the
City of Bakersfield Planning Department from the SJVUAPCD stating the dust
suppression measures that shall be completed during construction activities to
comply with SJVUAPCD Regulation VIII.
Prior to the approval of a grading plan for any residential tract, multiple family
project, and commercial project, the project applicant shall submit a letter to the
City of Bakersfield Planning Department from the SJVUAPCD stating the
measures that shall be completed during asphalt paving will comply with
SJVUAPCD Rule 4641.
The construction grading plans shall include a statement that all construction
equipment will be tuned and maintained in accordance with the manufacturer's
specifications.
The construction grading plans shall include a statement that work crews will
shut off construction equipment when not in use.
6. The project applicant shall incorporate the following in building plans.
Solar or Iow-emission water heaters shall be used.
Central water heating systems shall be used.
Double-paned glass shall be used in all windows.
Energy efficient Iow-sodium parking lot lights shall be used.
One (1) bicycle rack shall be provided in each of the proposed
commercial areas.
If cultural resources are unearthed during construction activities, all work shall be
halted in the area of the find. A qualified archaeologist shall be called in to
evaluate the findings and recommend any necessary mitigation measures.
Proof of compliance with any recommendations resulting from such evaluation, if
required, shall be submitted to the Southern San Joaquin Valley Archaeological
Information Center (AIC) at California State University, Bakersfield, and the City
GPA/Zone Change P01-1019
January 28, 2002
Page 2
of Bakersfield Development Services Department
Prior to recordation of tract maps, all abandoned oil wells shall be identified,
tested for leakage, and, if necessary, re-abandoned in accordance with
Department of Oil and Gas procedures to avoid gas migration impacts.
Prior to recordation of tract maps, all idle and producing oil wells on the project
site shall be enclosed by block walls to reduce the potential for accidents.
10.
Prior to recordation of tract maps, the project applicant shall provide setbacks
from idle and producing oil wells in accordance with the City's municipal code.
'The setbacks shall be a minimum of 100 feet for residences and a minimum of
300 feet for assembly, education, and institutional occupancies.
11.
Prior to issuance of building permits, all oil-contaminated soil shall be remediated
to the satisfaction of the local Unified Program Agency (The Office of
Environmental Services-Bakersfield City Fire Department) in conjunction with the
State Regional Water Quality Control Board and/or California Department of
Toxic Substances Control.
Conditions Of Approval
Public Works Department
Along with submittal of any development plan, tentative subdivision map, or application for a lot
line adjustment, the following shall occur:
Provide fully executed dedication for Jewetta Avenue and Stockdale Highway to arterial
standards for the full frontages 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.
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility to facilitate future expansion or
consolidation of drainage facilities as adjacent area develops. The study shall be
approved and any required retention site and necessary easements dedicated to the
city.
Access to the arterial and collector streets will be limited and determined at time of
division or development.
Determination of whether a right turn lane is required at the access street(s) will also be
made at the time of division or development.
C)RIGINA~
GPAUZone Change PO 1 - 1019
January 28, 2002
Page 3
Development on the site shall be subject to the Traffic Impact Fee schedule in
effect at the time of issuance of building permits.
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 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 GPA area.
The 17.67 acre portion of this GPNZC is also subject to the requirements of
GPA/ZC P96-0287.
RED:djl
S:\Dole\P01-1019\conditions.wpd
OF~iGINAL
FP'P
PCD
CITY Of BAKERSFIELD
ZONING MAP 122-OI
SEC OI T 505 R. 26E
LEGEND
CiTY OF BAKERSFIELD
ZONING MAP
SEC 36 ~29s.
LEGENO
101-56
EXHIBIT
ZONE CHANGE P01-1019
ZONE CHANGE LEGAL DESCRIPTION
PROPOSED R-1 ZONE (FROM R-2)
ALL THOSE PORTIONS OF SECTION 1, TOWNSHIP 30 SOUTH, RANGE 26
EAST, AND SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26 EAST, MD.M,
CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36;
THENCE S.85°52'11"W., 2687.58 FEET TO THE CENTERLINE OF
STOCKDALE HIGHWAY AND THE POINT OF BEGINNING, ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 3000.00 FEET AND TO WHICH BEGINNING A RADIAL
LINE BEARS N.17°11'51"E.; THENCE WESTERLY ALONG SAID CURVE AND
SAID CENTERLINE THROUGH A CENTRAL ANGLE OF 10°44'53'' AN ARC
DISTANCE OF 562.76 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2560.00
FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.73°58'22"W.;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 35°16'47" AN ARC DISTANCE OF 1576.31 FEET; THENCE
S.38°41'35"E., 560.00 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2000.00
FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.38°41'35"W.;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 34°05'59 AN ARC DISTANCE OF 1190.30 FEET TO THE POINT
OF BEGINNING.
CONTAINING 17.67 ACRES.
PROPOSED R-2 ZONE (FROM R-l)
ALL THAT PORTION OF SECTION 36, TOWNSHIP 29 SOUTH, RANGE 26
EAST, M.D.M., CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF
CALIFORNIA, BEING OESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 36,
THENCE N.47°42'10"W., 1774.15 FEET TO THE NORTHEASTERLY
BOUNDARY OF THE RIO BRAVO CANAL AND THE POINT OF BEGINNING;
THENCE ALONG SAID NORTHEASTERLY BOUNDARY THE FOLLOWING
THREE (3) COURSES:
1) N.28°48'02"W., 1005.56 FEET; THENCE
2) N.43°01'20"W., 799.92 FEET; THENCE
3) N.78°41'32'~/., 62.10 FEET; THENCE DEPARTING SAID
NORTHEASTERLY BOUNDARY, S.89°15'08"E., 2365.64 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST,
HAVING A RADIUS OF 1999.56 FEET AND TO WHICH BEGINNING A RADIAL
LINE BEARS S.76°38'16"E.; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 48'22'19" AN ARC DISTANCE OF
1688.13 FEET; THENCE S,61°44'30"W-, 313.15 FEET TO THE POINT OF
BEGINNING.
CONTAINING 43.45 ACRES.
6836 28~EGALS~PROPOSED R1.DOCMFK~EC.3. 2001
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 13th day of June , 2002 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4064 , passed by the
Bakersfield City Council at a meeting held on the 12th day of June 2002 and
entitled:
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NOS. 101-36 AND 122-01) OF TITLE
SEVENTEEN OF THE BAKERSIFELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM R-1 TO R-2 ON
43.45 ACRES AND FROM R-2 TO R-1 ON 17.67 ACRES
AND AMENDING CONDITION NO. 29 OF CITY COUNCIL
ORIDNANCE NO. 3774 FOR THOSE SITES GENERALLY
LOCATED BETWEEN THE KERN RIVER FREEWAY
SPECIFIC PLAN LINE, STOCKDALE HIGHWAY, THE
KERN RIVER, CALLOWAY DRIVE AND ALLEN ROAD.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
City ~lerk