HomeMy WebLinkAboutORD NO 4170ORDINANCE NO. ~: 1 ? 0
AN ORDINANCE MODIFYING PLANNING
COMMISSION'S CONDITIONS OF APPROVAL,
ADOPTING THE NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 112-12)
OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM
AN R-I (ONE FAMILY DWELLING) ZONE TO PUD
(PLANNED UNIT DEVELOPMENT) ZONE ON 107.38 ::!:
ACRES GENERALLY LOCATED ON THE NORTHEAST
CORNER OF WHITE LANE AND SOUTH ALLEN ROAD;
AND DENYING THE APPEAL (FILE # 03-1073).
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 on the northeast corner of White Lane and
South Allen Road, as shown on the location map marked Exhibit "B;" and
WHEREAS, by Resolution No.163-03 on November 20, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zone Change No. 03-1073 as delineated on attached
Zoning Map No. 112-12 marked Exhibit "D," and more specifically described in the
legal description marked as Exhibit "E, consisting of 2 pages," by this Council and this
Council has fully considered the recommendations made by the Planning Commission
as set forth in that Resolution; and
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
an R-1 (One Family Dwelling) zone to a PUD (Planned Unit Development) zone and the
Council has considered said findings and all appear to be true and correct; and
WHEREAS, proposed PUD (Planned Unit Development) zone change
consists of gated community consisting of single family residences, two private parks
private parks and other private landscaped areas as shown on attached Exhibit "C,"
consisting of 16 pages including a site plan and elevations; and
WHEREAS, Steve DeBranch, the appellant, filed a written appeal to
Condition No. 5 of Planning Commission Resolution No. 163-03 relative to the
minimum pavement width of the alleys for the subdivision; and
-1-
ORIGINAL
WHEREAS, the City Council, through the City Clerk, set the time and
place of the hearing as Wednesday, January 14, 2004, in the Council Chambers of
City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a
public hearing before said City Council on said appeal, and notice of the public
hearing was given in the manner provided in Title Sixteen of the Bakersfield
Municipal Code; and
WHEREAS, said hearing was continued to January 28, 2004; and
WHEREAS, the appellant and staff have resolved the issues relative to
alley design and use; 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
October 14, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows Iow density
residential development; and
WHEREAS, the City Council has considered and hereby makes the
following findings:
All required public notices have been given. Hearing notices regarding the
proposed project were mailed to property owners within 300 feet of the project
area and published in a local newspaper of general cimulation at least 20 days
prior to the hearing.
The provisions of CEQA and City of Bakersfield CEQA Implementation
Procedures have been followed. Staff determined that the proposed activity is
a project and an initial study was prepared and a Negative Declaration was
prepared and duly noticed.
A Negative Declaration for the proposed project is the appropriate
environmental document to accompany project approval. In accordance with
CEQA, staff prepared an initial study for the proposed project and indicated
that because mitigation measures relating to air quality, biological resources,
and cultural resources have been incorporated into the project, the project will
not significantly impact the physical environment.
The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan. (Subdivision Map Act
66473.5). The proposed density and intensity of development are consistent
with the Low Density Residential land use classification on the property.
Proposed road improvements are consistent with the Circulation Element.
The overall design of the project, as conditioned, is consistent with the go~l~.~.,F~~
and policies of all elements of the general plan. ~'°' 'o~
- 2 - ORIGINAL
In accordance with Bakersfield Municipal Code Section17.52.070, find
following for the proposed PUD (Planned Unit Development) zone as
conditioned:
The proposed planned unit development zone and preliminary
development plan is consistent with the general plan and objectives of
this ordinance;
The proposed development will constitute a residential environment of
sustained desirability and stability, and it will compliment and
harmonize with the character of the surrounding neighborhood and
community; and
The proposed development justifies exceptions from the normal
application of this code in that it integrates such elements as the
location of structures, circulation pattern, parking, open space, utilities
and other amenities, together with a program for provision, operation
and maintenance of all areas, improvements, facilities and services
provided for the common use of persons occupying or utilizing the
property.
The conditions of approval are necessary for orderly development and the
public health, welfare and safety.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. All of the foregoing recitals are hereby found to be true and correct.
2. The Negative Declaration is hereby approved and adopted.
The decision of the Planning Commission with modified conditions
of approval is upheld.
4. The appeal is hereby denied.
5. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield 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.
No. 112-12 marked Exhibit "D" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "E."
6. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A."
-3-
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.
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
FEB 1 ~[ 2{~)4 by the following vote:
~ COUNCILMEMBER COUCH, CARSON, BENHAM, M¢~3~, HANSON, _~ULL!V~H, SALVAGGIO
NOES: COUNClLMEMBER
COUNCILMEMBER
COUNClLMEMBER ~ ,;~4,a.~ U~/~''--
PAMELA A. McCARTHY,, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED FEB I i 2004
Mayor of the City of Bakersfield/
/
APPROVED as to fo~m
VIRGINIA GENNARO
City Attorney -'
Exhibits: A. Conditions.
B. Location Map.
C. PUD site plan and elevations
D. Zone Map
E. Legal Description
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-4-
ORiGh~L
EXHIBIT "A"
ZONE CHANGE NO. 03-1073
CONDITIONS OF APPROVAL
PUblIC WORKS DEPARTMENT
1. All lots have frontage on a street rather than on a landscape lot unless access through the
landscape lots is provided for the in the CC&Rs for the subdivision.
2. Revise the plan so street intersections will be no more than 15° from perpendicular.
Submit for the City's Review and approval C.C. & R.'s and Homeowner's Association By-
Laws for the use and maintenance of all non-dedicated, shared facilities. Among those non-
dedicated, shared facilities will be the on-site sewer main lines and laterals and associated
storm drain lines and appurtenant facilities. The C.C.&R.'s shall include parking restrictions
and enforcement
4. Provide gate calculations for the entry streets to show that driveway lengths for the entry
streets are in accordance with Standard T-2.
All alleys shall have a minimum 20-foot right-of-way and paved width of 16 feet with two feet
of unobstructed landscaping on each side except that the full 20-foot width shall be paved
within 40 feet of alley center line intersections and transitioned to 16 feet beyond that or as
otherwise approved by the Public Works Director. Ten foot by ten foot corner cut-offs are
required at the alley to alley intersection.
Parking shall be prohibited within 40 feet of alley center line intersections with signs or other
approved devices clearly indicated "no parking." The Home Owner's Association shall be
responsible for keeping the alleys clear of obstructions including parked vehicles and shall
have authority to remove them immediately..
Provide verification the trash trucks and emergency response vehicles will be able to make
all necessary turns, for example, those at the east end of Wellesley Place and the south end
of Oakley Street.
Major improvements:
8.1. It is intended that all development within the boundaries of Parcels 4 & 5 of PM 10617 B
share proportionally in the costs of construction of the arterial and collector streets
adjacent to and within the parcel. This includes portions of Ming Avenue, South Allen
Road, White Lane, and Chamber Boulevard, and includes canal crossings. The
mechanism to ensure that, prior to recordation of each final map, each development
pays its proportionate share of the improvements may be an assessment district, an
escrow agreement, or some other instrument acceptable to the City Engineer.
8.2. Improvement plans for those streets shall be an independent set of plans, but will be
part of the required tract improvement plans. Construction of frontage improvements on
South Allen Road shall be secured with the appropriate phase of this subdivision
Construction shall be in accordance with the terms of the agreement and will not be tied
8,3.
to issuance of certificates of occupancy for structures within the subdivision.
South Allen Road and White Lane shall be completed prior to the completion of the
Allen Road crossing of the Kern River.
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Exhibit "A"
ZC 03-1073
Page 2 of 4
8.5. Payment of the median fees for Allen Road and for White Lane can be secured through
this agreement, but with the construction of either or both of the arterials, either the
landscaped median shall be constructed or the median fees paid in cash.
RECREATION AND PARKS
9. The City landscape maintenance responsibilities shall end at the start of all curb returns into
private streets.
10. Homeowners association or entity approved by City Attorney shall be required to maintain
the private parks, all private common area landscaping, and any view fences abutting public
streets.
FIRE PREVENTION SERVICES
11. Pipeline Easements
11.1 Concurrently with recordation of any phase that includes the pipeline easements or
portions thereof, subdivider shall show the easements on the final map with a notation
that structures including accessory buildings and swimming pools, are prohibited
within the easements and record a corresponding covenant.
11.2 Prior to or concurrently with recordation of any phase that includes the pipeline
easements or portions thereof, subdivider shall show on the final map that no
habitable portion of a structure may be built within 50 feet of a gas main, or
transmission line, or refined liquid product line with 36 inches of cover, and record a
corresponding covenant.
11.3 No structure may be within 40 feet of a hazardous liquids pipeline bearing refined
product, within 48 inches or more of cover. If a pipeline meets this criteria, the 40 foot
setback line shall be shown in the final map and a corresponding covenant shall be
recorded prior to or concurrently with recordation of any phase that is affected.
11.4 Prior to or concurrently with recordation of any phase within 250 feet of the pipeline
easements, subdivider shall record a covenant disclosing the location of the pipelines
on all lots of this subdivision within 250 feet of the pipelines.
PLANNING DEPARTMENT
12. All development shall be consistent with Tentative Tract 6223 and P.U.D. plans as
submitted unless changed in response to conditions as approved by the Planning Director
and Public Works Director.
13. All garage doors shall be roll-up doors.
14. A wall and landscaping shall be provided along the west side of Windermere Drive. Walls
and landscaping shall be consistent with the wall and landscaping plans approved for the
Seven Oaks West development.
15. Subdivider shall construct the two private parks prior to recordation of each phase
containing each park as shown on Vesting Tentative Tract Map 6223 subdivision map.
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OR!~INAL
Exhibit "A"
ZC 03-1073
Page 3 of 4
MITIGATION MEASURES: The following are mitigation measures adopted as conditions of
approval for related GPA/ZC P01-1018 (City Council Res. #087-02.)
Archaeolooical Resources:
16.
Monitoring during construction activities is not recommended at CA-KER-3963, CA-KER-
3967, CA-KER-3968 or CA-KER-3969. If, however, unrecorded cultural remains are
unearthed during construction, work shall halt in the area until a qualified archaeologist
can assess the finds.
17.
If archeological or paleontological resources are discovered during excavation and
grading activities on the project site, the contractor/developer shall stop all work and shall
retain a qualified archeologist to evaluate the significance of the find and appropriate
course of action. Salvage operation requirements in Appendix K of the California
Environmental Quality Act (CEQA) Guidelines shall be followed and the treatment of
discovered Native American remains shall comply with State Code Regulations of the
Native American Heritage Commission. (Mitigation Measure; also from Kern River
Ranch/Buena Vista EIR (file # P96-0589)).
18.
Should human remains be discovered at any time on any portion of the project site, work
shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of
the Health and Safety Code). In the absence of an archaeological monitor, a qualified
archaeologist and the local Native American community, shall be notified. (Mitigation
Measure; also from Kern River Ranch/Buena Vista EIR (file # P96-0589)).
19.
Prior to the issuance of any grading permit, the project developer shall perform soil tests
to determine concentrations of pesticide and fungicide residues which may be present
within the project sites. Should contaminant levels be in excess of acceptable Federal,
State and/or County levels, the project developer shall identify and implement remedial
action, subject to approval by the City of Bakersfield and other responsible regulatory
agencies to reduce contaminants to acceptable levels. (Mitigation Measure; also
mitigation from Kern River Ranch/Buena Vista EIR (file # P96-0589)).
Mineral Resources:
20.
If any abandoned or unrecorded wells are uncovered, or damaged during excavation or
grading activities, remedial plugging operations pursuant to the Division of Oil, Gas &
Geothermal Resources requirements would be required to be completed by the
developer.
21.
Prior to the 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 the California Department of Toxic Substances Control.
(Mitigation Measure; also mitigation from Kern River Ranch/Buena Vista EIR (file # P96-
0589)).
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Exhibit "A"
ZC 03-1073
Page 4 of 4
MITIGATION MEASURES (from Kern River Ranch/Buena Vista EIR (file # P96-0589))
The fo/lowing conditions and mitigation measures were adopted for related GPA/ZC #P96-
0586 and with certification of the Buena Vista/Kern River Ranch E/R, on April 22, 1998.
These conditions and mitigation measures have been carried over from the previous
projects to this subdivision because this subdivision is a subsequent action to the approval
of the GPA/ZC and EIR. The applicant has agreed to the mitigation measure in writing.
22. At the initial construction meeting prior to grading activities, all construction workers must
be informed as to the symptoms of Valley Fever.
23. 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 in order to comply with SJVUAPCD
Regulation VIII. If the District does not respond to the subdivider's request for said letter
within 2 weeks of the request, the Planning Department will assume compliance with this
mitigation measure.
24. 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 SJUAPCD stating the measures that shall be completed
during asphalt paving in order to comply with SJVUAPCD Rule 4641. If the District does
not respond to the subdivider's request for said letter within 2 weeks of the request, the
Planning Department will assume compliance with this mitigation measure.
25. The construction grading plans shall include a statement that all construction equipment
shall be tuned and maintained in accordance with the manufacture's specifications.
26. The construction grading plans shall include a statement that work crews shall shut off
construction equipment when not in use.
27. Prior to site grading, subdivider shall have a preconstruction survey conducted to search
for native kit fox dens. Survey shall be submitted to the Planninq Director for review orior
to (]radina. The applicant may be subject to special notification requirements to agencies
prior to grading land containing dens.(Mitigation) (GPA/ZC #P96-0589)
28. Prior to approval of a grading plan, subdivider is subject to the Migratory Bird Treaty Act,
including the Swanson hawk during the raptor nesting season (February through
September). If construction is to occur during raptor nesting/breeding season (February
through September) no construction activity shall take place within 500 feet of an active
nest. Trees to be removed that contain nests shall be removed only during non-breeding
season (October through January)..(Mitigation) (GPA/ZC #P96-0589)
29. The presence of any previously unidentified protected species which are not addressed in the
MBHCP, including those protected under the Federal Migratory Bird Treaty Act, should be
avoided and evaluated by a qualified biologist prior to construction. The Fish & Wildlife
Service (USFWS) and California Department of Fish & Game (CDFG) should be notified of
previously unreported protected species. Any unanticipated take of protected wildlife shall be
reported immediately to the CDFG and USFWS.(Mitigation GPA/ZC P96-0589)
~_,~ .... ~,
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EXHIBIT "C"
LOT
A
LOT
B
- R/W
40'
ALLEY
LOT
C
LOT
D
JOB NO.; 6812.46
FILENAME: 1246EM06
DATE: 1/21/04
BY: SAM
SCALE: 1" = 50'
MCINTOSH ~
Castle
X
tU
75' X 130' TYPICAL W~ TANDEM TRHIRD CAR BAY
BACK LANE LOADED
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EXHIBIT "D"
ZONE CHANGE 03-1073
ZONING MAP 122-12 ,~',~
EXHIBIT "E"
P.U.D. LEGAL DESCRIPTION
VESTING TENTATIVE TRACT NO. 6223
Page 1 of 2
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 30
SOUTH, RANGE 26 EAST, MD.M. CITY OF BAKERSFIELD, COUNTY OF KERN, STATE
OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 12, MARKED BY A 2-
1/4" BRASS CAP MARKED FOR SECTION CORNER AND STAMPED L.S. 1911 AS
SHOWN ON RECORD OF SURVEY BOOK 19 AT PAGE 118 IN THE OFFICE OF THE
KERN COUNTY RECORDER; THENCE N.01 °14'42"E. ALONG THE WEST LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 2676.35 FEET TO THE WEST QUARTER
CORNER OF SAID SECTION, ALSO BEING THE CENTERLINE OF CHAMBER
BOULEVARD AS DESCRIBED IN THE IRREVOCABLE OFFER OF DEDICATION FOR
STREET RIGHT-OF-WAY RECORDED NOVEMBER 16, 1999 'AS DOCUMENT NO.
0199167895, OFFICIAL RECORDS OF KERN COUNTY, AND ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS
N.00°00'43"E.; THENCE ON AND ALONG SAID CENTERLINE THE FOLLOWING FOUR
(4) COURSES:
1)
2)
4)
SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 73051'00'' AN ARC DISTANCE OF 1288.93 FEET; THENCE
S.16008'17"E., 454.02 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF
1000.00 FEET; THENCE
SOUTHEASTERY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 66°02'35'' AN ARC DISTANCE OF 1152.67 FEET; THENCE
S.82°10'52"E., 632.52 FEET TO THE WESTERLY BOUNDARY OF
TRACT NO. 6001-PHASE B, MARKED BY A 6" CONCRETE MONUMENT
IN A LAMPHOLE, WITH BRASS CAP STAMPED L.S. 4383 AS SHOWN
ON THE MAP RECORDED IN MAP BOOK 47 AT PAGES 170 AND 171
IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE
DEPARTING SAID CENTERLINE, ON AND ALONG SAID WESTERLY BOUNDARY THE
FOLLOWING FIVE (5) COURSES:
I) S.11°02'25"W., 55.5g FEET; THENCE
2) S.39°14'49"E., 27.25 FEET; THENCE
S.81°54'55"E., 55.67 FEET TO THE CENTERLINE OF WINDERMERE
STREET AS SHOWN ON SAID TRACT MAP, AND THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF
1000.00 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS
N.86°33'28"W.; THENCE
4) SOUTHERLY ALONG SAID CURVE AND SAID CENTERLINE, THROUGH A
CENTRAL ANGLE OF 02°24'15' AN ARC DISTANCE OF 41.96 FEET;
THENCE
EXHIBIT "E"
Page 2 of 2
5)
S.01°02'17"W. ALONG SAID CENTERLINE, A DISTANCE OF 357.52
FEET TO THE SOUTHWEST CORNER OF SAID TRACT; THENCE
CONTINUING S.01°02'17"W. ALONG SAID CENTERLINE OF WINDERMERE STREET, A
DISTANCE OF 266.83 FEET TO THE SOUTH QUARTER CORNER OF SAID SECTION 12;
THENCE N.89°19'48"W. ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER
OF SECTION 12, A DISTANCE OF 2644.87 FEET TO THE POINT OF BEGINNING.
CONTAINING 95.55 ACRES.
R:\6812.46~LEGALS~PUDZONE.DOC~SEPT. 3, 2003
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. McCARTHY, being duly swom, 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 February , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4170, passed by the
Bakersfield City Council at a meeting held on the 11th dayof February, 2004 and
entitled:
AN ORDINANCE MODIFYING PLANNING
COMMISSION'S CONDITIONS OF APPROVAL,
ADOPTING THE NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 112-
12) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM
AN R-I (ONE FAMILY DWELLING) ZONE TO PUD
(PLANNED UNIT DEVELOPMENT) ZONE ON 107.38 ±
ACRES GENERALLY LOCATED ON THE NORTHEAST
CORNER OF WHITE LANE AND SOUTH ALLEN ROAD;
AND DENYING THE APPEAL (FILE #03-1073).
~si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
By:
DEPUT~ City Clerk
ORIGINAL