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Home My WebLink AboutORD NO 5098ORDINANCE NO. 5 0 9 g AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED GENERALLY NORTHEAST CORNER OF BERKSHIRE ROAD AND FUTURE RELIANCE DRIVE (ZC NO.21-0397). WHEREAS, McIntosh and Associates representing RGF Land Company, Inc. (property owner), filed an application with the City of Bakersfield Development Services Department requesting to change the zone district from R-1 (One -Family Dwelling) to R- 1-4.5 (Small Lot One -Family Dwelling-4,500 square foot minimum lot size) on 23.45 located generally northeast corner of Berkshire Road and future Reliance Drive, as shown on attached Exhibit "B", (the "Project"); and WHEREAS, the Planning Commission adopted a Mitigated Negative Declaration for Vesting Tentative Tract Map 7263 which encompasses the subject property (Resolution No. 28-15); and WHEREAS, CEQA Guidelines Section 15164 allows an addendum to a previously certified environmental document to be prepared if some changes or additions are - necessary but none of the conditions described in CEQA Guidelines Section 15164 calling for the preparation of a subsequent document have occurred; and WHEREAS, the Planning Commission held a public hearing on April 21, 2022, and approved Resolution No. 41-22, which recommended that the City Council approve the Project; and WHEREAS, the Clerk of the City Council set Wednesday, August 17, 2022 at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a consideration before the City Council to consider the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, an Addendum to the Mitigated 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 above recitals, incorporated herein, are true and correct. 2. the Project is consistent with the Metropolitan Bakersfield General Plan. 3. The Planning Commission's findings as contained in its Resolution No. 41-22 are hereby adopted. o��AKF9s� Page 1 of 3 � m t-- r 'ORIGINAI 4. The Addendum to the Mitigated Negative Declaration for the Project is hereby adopted subject to the mitigation measures in Exhibit "A" for the Project located on the map as shown in Exhibit "B", both of which are incorporated herein. 5. The project is hereby approved subject to the Conditions of Approval in Exhibit "A" which is incorporated herein. 6. The Project is hereby approved 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. --------- 000--------- 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 by the following vote: ve" ✓ --- AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH,-W?cE-£ ; GRAY, PARLIER NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: Fnernan APPROVED: AUG 17 2022 LIE DRIMAKIS, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By —'47 AO-OA41 wof6 400(' KAREN GOH Mayor By: TJaquez\ G:\pin\shared\Zone Change\01—Active\2021 \21-0397\ 1 CC DOCS\2nd Read\Misc\ZC 21-0397-2nd Reading Ord.docx Page 2 of 3 o``gAKF9s � m r— 'ORIGINAP APPROVED AS TO FORM: VIRGINIA GENNARO, CITY TTORNEY City Attor ey By. VIRIDIANA LLARDO-KING Deputy City Attorney Exhibits: A Conditions / Mitigation Measures B Zone Change Map C Legal Description By: TJaquez\ G:\pin\shared\Zone Change\O1_Active\2021\21-0397\1CC DOCS\2nd Read\Misc\ZC 21-0397_2nd o�gAKF9� Reading Ord.docx Page 3 of 3 r 'ORIGINAL EXHIBIT "A" ZONE CHANGE NO. 21-0397 CONDITIONS OF APPROVAL PUBLIC WORKS I . Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must submit the following for review and approval by the City Engineer: a. Fully executed dedication for Berkshire Rd and Reliance Dr to collector standards for the full frontage of the ZC area, unless previously dedicated per map or separate instrument and unless otherwise approved by the City Engineer. Dedications must include sufficient widths for expanded intersections and additional areas for landscaping as directed by the City Engineer. b. Comprehensive drainage study of the entire drainage area. The City will allow no more than one sump per 80 acres. The sump should be located so that it may be available to serve adjacent areas as they develop. The developer may establish a planned drainage area or provide some other method for the construction of the ultimate drainage facilities satisfactory to the City Engineer. c. Sewer study, which will assure that appropriate sewer service will be provided to the entirety of the ZC area. The developer will be responsible for the initial extension of the sewer line to serve the ZC area. This sewer line may be sized to serve a much larger area than the project area as directed by the City Engineer. The developer may also form a planned sewer area to provide a mechanism for the reimbursement of oversizing costs to the developer. 2. Prior to the recording of any final map or issuance of any certificates of occupancy for development within the ZC area, whichever is earlier, the developer must (a) construct all infrastructure, both public and private, within the boundary of the ZC area, including, but not limited to, any and all boundary streets to the centerline of the street as required by the City Engineer and (b) construct, and acquire any necessary right-of-way to construct, any off -site infrastructure required to support development of the ZC as determined by the City Engineer. Phasing of the construction of the required infrastructure may be allowed by the City Engineer. Per City Council Resolution 035-13, any development within the ZC area must comply with the City's "complete streets" policy. 3. Prior to the City's approval of any construction plans associated with any development project, subdivision, or minor land division within the ZC area, the developer must take all actions necessary to add the ZC area to the Consolidated Maintenance District ("CMD") and pay all fees for inclusion in the CMD or, if the development is already within the CMD, update the maintenance district documents as provided in Bakersfield Municipal Code section 13.04.021 or as otherwise required by the City Engineer. 4. Install traffic signal interconnect conduit and pull rope for the frontage in all arterials and collectors. SNK,c TJaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0397\1CC DOCS\2nd Read\Misc\ZC 21-0397_Exh p� acP� A_ Conditions.docx �_ m r 'ORIGINAL® 5. Prior to the City's issuance of any building permits for construction within the ZC area, or an earlier time established through conditions of a subsequent City- approved subsequent development project, subdivision, or minor land division within the ZC area, the developer must pay all development fees for the ZC area including, but not limited to, the adopted regional traffic impact fee, local mitigation fees, any major bridge and thoroughfare district fees, and any planned sewer and drainage area fees. CITY ATTORNEY 6. 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. PLANNING Air Quality and Green House Gas Mitigation Measures 7. As the project shall be completed in compliance with SJVAPCD Regulation Vill, dust control measures would be taken to ensure compliance specifically during grading and construction phases. The required Regulation VII measures are as follows: • Water previously exposed surfaces (soil) whenever visible dust is capable of drifting from the site or approaches 20 percent 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 percent 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. TJaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0397\1CC DOCS\2nd Read\Misc\ZC 21-0397_Exh o�gAK�c�P A— Conditions.docx 'ORICINO • 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 percent opacity) dust formation during periods of high winds (greater than 20 mph over a one -hour period). Required PM 10 Reduction Mitigation Measure 8. In accordance with the GAMAQI guidance document, construction activities shall comply with the following measures to reduce equipment exhaust: • 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. • 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 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. • 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 03 alerts. First stage 03 alerts are declared when the 03 level exceeds 0.20 ppm (1-hour average). 9. The following measures are recommended to further reduce the potential for long-term emissions from the project. These measures are required as a matter of regulatory compliance to ensure that the proposed project emissions are not exceeded: �eAKF9 T.Iaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0397\1CC DOCS\2nd Read\Misc\ZC 21-0397_Exh A_ Conditions.docx y- M ` 0RIOINAL' • The project design shall comply with applicable standards set forth in Title 24 of the Uniform Building Code to minimize total consumption of energy. • Applicants shall be required to comply with applicable mitigation measures in the AQAP, SJVAPCD 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). 10. The following mitigation measures are recommended to further reduce the potential for Greenhouse Gas emissions from the project. These measures will be required to ensure that the proposed project emissions are reduced to extent feasible and as required under state regulation: The project shall comply with the requirements of state and/or federal legislation and/or regulation to reduce or eliminate production of Greenhouse Gasses. Mitigation measures as recommended by Air Quality Impact Analysis on file, dated December 2014. Biological Impact Mitigation Measures 11. Prior to ground disturbance, developer shall comply with the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) , which will include a survey prepared by California Department of Fish and Wildlife approved MBHCP biologist. The survey includes the location for kit fox and comply with the provisions of the MBHCP. Survey protocol shall be recommended by the California Department of Fish and Wildlife. Copies of the survey shall be provided to the Development Services Department, California Department of Fish and Wildlife, and the U.S. Fish and Wildlife Service prior to ground disturbance. Developer shall be subject to additional mitigation measures recommended by the qualified biologist. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation/Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat, Conservation Plan ("MBHCP"). Upon payment of the fee, the applicant will receive acknowledgment of compliance with �Q,AK�c9 TJaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0397\lCC DOCS\2nd Read\Misc\ZC 21-0397_Exh O s� A_ Conditions.docx m 'ORIGINAL Metropolitan Bakersfield Habitat Conservation Plan (Implementation/Management Agreement Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. Forms and instructions are available at the Planning Division or on the city's web site at https://bakersfieldcity.us/gov/depts/community development/habitat.htm The current MBHCP expires on June 1, 2023. To ensure take of covered species does not occur after the expiration date, fees must be paid no later than January 1, 2023 and all covered activities must be completed by the MBHCP expiration date of June 1, 2023. As determined by the City, only projects ready to be issued an urban development permit, grading plan approval, or building permit 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 2023 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 & Wildlife Service and the California Department of Fish and Wildlife ("CDFW"). Mitigation measure. 12. Burrowing Owl Notification: 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. 703-71 1). 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 Fish and Game Code prohibit the taking, possession, or destruction of birds, their nests or eggs. To avoid violation of the 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 measure. Cultural Impact Mitigation Measures 13. Although no cultural resources were found on the site, there is the possibility that unrecorded cultural resources or buried remains could be found during construction or earth disturbing activities. Should the subsurface archaeological remains be unearthed during construction activity, work in the area would stop immediately and a qualified archaeologist shall be consulted for further evaluation. Any measures by the archaeologist shall be complied with at that time. TJaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0397\lCC DOCS\2nd Read\Misc\ZC 21-0397o _Exh s A_Conditions.docx �- 'OM,INAL� 14. 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 Resources Code which details the appropriate actions necessary for addressing the remains) and the local Native American community shall be notified immediately. Mitigation measures as recommended by Cultural Resources Study on file, dated May 2005, Revised September 2007. TJaquez/ G:\pin\shared\Zone Change\01_Active\2021\21-0397\1CC DOCS\2nd Read\Misc\ZC 21-0397_Exh A_ Conditions.docx h r- 'ORIGINAL� R-2 LEGEND (ZONE DISTRICTS) DECLARATIO W R-1 One Family Dwelling C-2/P.C.D. 6,000 sq.ft. min lot size R-1-4.5 One Family Dwelling 4,500 sq.ft. min lot size E Estate 10,000 sq.ft. min lot size R-S Residential Suburban 24,000 sq.ft./dwelling unit R-S{ )Residential Suburban 1, 2.5, 5 or 10 min lot size R-2 Limited Multiple Family Dwelling GOLDSTONEDR 4,500 sq.ft. min lot size (single family) 6,000 sq.ft. min lot sae (multifamily) 2,500 sq.ft. lot area/dwelling unit R-1 R-3 Multiple Family Dwelling 6,000 sq.ft. min lot sae FIRE OPAL DR -• 1,450 sq.ft. lot area/dwelling unit High Density Multiple Family Dwelling R-1 flRA 6,000 sq.ft. min lot sire 600 sq.ft. lot area/dwelling unit R-H Residential Holding TAHITIAN PEARL DR 20 acre min lot size A Agriculture a R-1 6,000 sq.ft. min lot size o A-20A Agriculture 20 acre min lot size BRIOLETTE ST PUD Planned Unit Development 3 TT Travel Trailer Pork R-1 MH Mobilehome C-0 Professional and Administrative Office BAGUETTEAVE= •~ (-I Neighborhood Commercial 3 f-2 Regional Commercial C-f Commercial Center 99 R-1 (-B Central Business d P(D Planned Commercial Development --STAR SAPPHIRE DR M-1 Light Manufacturing M-2 General Manufacturing R-1 M-3 Heavy Industrial P Automobile Parking OCEAN 3 JASPER DR RE Recreation fh Church Overlay OS Open Space R1HOSP Hospital Overlay AD Architectural Design Overlay lism FP-P Floodplain Primary FP-S Floodplain Secondary AA Airport Approach BERKSHIRE RD DI Drilling Island PE Petroleum Extraction Combining SC Senior Citizen Overlay HD Hillside Development Combining WM- West Ming Specific Plan R-1 00 BAKERSFIELD R-1 t Feet I 1 M 1 0 300 600 �'..� 2022_01_05_zc EXHIBIT C ZONE CHANGE NO. 21-0397 LEGAL DESCRIPTION BEING A RE -DESIGNATION OF PARCEL 2 OF PARCEL MAP WAIVER NO. 17-0158 PER CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 9, 2017 AS DOCUMENT NO. 217136308 OF OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; ALSO, BEING A PORTION OF NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 28, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, THENCE SOUTH 00°30'20" WEST ALONG THE NORTH -SOUTH MID SECTION LINE OF SAID SECTION 28,�A DISTANCE OF 909.50 FEET TO THE POINT OF BEGINNING; THENCE 1) SOUTH 88"59'36'. EAST ALONG THE NORTH LINE OF SAID PARCEL 2, A DISTANCE OF 1337.45 FEET; THENCE 2) SOUTH 01-02'19" WEST ALONG THE EAST LINE OF SAID PARCEL 2, A DISTANCE OF 1363.87 FEET; THENCE 3) NORTH 57°54'36" WEST, ALONG THE SOUTH LINE OF SAID PARCEL 2, A DISTANCE OF 76.84 FEET; THENCE 4) CONTINUING ALONG SAID SOUTH LINE, NORTH 45°20'51" WEST, A DISTANCE OF 1437.25 FEET; THENCE 5) CONTINUING ALONG SAID SOUTH LINE, NORTH 01 °00'24' EAST, A DISTANCE OF 22.22 FEET; THENCE 6) CONTINUING ALONG SAID SOUTH LINE, NORTH 88°59'36" WEST, A DISTANCE OF 228.14 FEET; THENCE 7) NORTH 00°30'20" EAST, ALONG THE WEST LINE OF SAID PARCEL 2, A DISTANCE OF 310.01 FEET TO THE POINT OF BEGINNING. CONTAINING 23.45 ACRES, MORE OR LESS. LAND M_ cINTOSH o0 oy � Assoamm 661-834-4814.661-834-0972 2001 Wheelan Court • Bakersfield, CA 93309 s�9 lF OF CAL�F�� P:1PROJECTS113099.03-TR72631X-projldwgL7one Change11309903M legal.docx SLU 11/23/20 o��AKF9.n s m r 'ORIGINO PANAMA LANE POINT OF COMMENCEMENT b N. 1 /4 COR. SEC. 28, 30/27 U� FD. C.O.B. CONC. MON. IN L.H. o MARKED REP 4-11-97 °' w� N Co to of z� S88'59'36"E • POINT OF D BEGINNING o oo r>'cq o ' c I OUrY o 3 Lo N IiO- EXISTING R 1 TRACT 7305—PHASE 2 M.B. 64, PGS, 1 17— 1 1 e AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) JULIE DRIMAKIS, 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 19th day of August, 2022 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 5098, passed by the Bakersfield City Council at a meeting held on the 17th day of August, 2022 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 GENERALLY NORTHEAST CORNER OF BERKSHIRE ROAD AND FUTURE RELIANCE DRIVE (ZC NO. 21-0397). JULIE DRIMAKIS, MMC City Clerk.and Ex Officio of the Council of the City of Bakersfield 4B 1 DEP TY City Clerk SADOCUMENT\FORMSWOP.ORD.wpd OORIGINAI �