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Home My WebLink AboutORD NO 4176ORDINANCE NO. 4 I ? 6 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 102-06 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO AN E (ESTATE) ZONE ON 74.35 ACRES AND TO DI (DRILLING ISLAND) ZONE ON 2.5 ACRES, LOCATED ALONG THE NORTH SIDE OF SNOW ROAD, EAST OF THE FRIANT-KERN CANAL, GENERALLY WEST OF CALLOWAY DRIVE. (ZC 03-1279). (Ward 4). 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 headng on a petition to change the land use zoning of those certain properties being annexed to the City of Bakersfield located along the north side of Snow Road, east of the Friant-Kem Canal, generally west of Calloway Ddve; and WHEREAS, by Resolution No. 4-04 on January 15, 2004, the Planning Commission did not recommend the ordinance amending Title 17 of the Municipal Code to approve E (Estate) and DI (Drilling Island) zone as delineated on attached map marked Exhibit "B", 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 headng, did make several general and specific findings of fact, which warranted a Negative Declaration and denial to the requested changes in zoning of the subject property from A (Agriculture) to E (Estate) and DI (Drilling Island) zones and the Council has considered said findings; and WHEREAS, a majority cf the Planning Commission considered that the request was premature at this time, the parcel was irregular in shape and the property should be larger in area; 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, the Planning Commission and this Council; and WHEREAS, a Negative Declaration for the proposal was advertised and posted on December 12, 2003, in accordance with CEQA; and WHEREAS, the general plan designation for this area is SR (Suburban Residential); and WHEREAS, the requested zone change is consistent with the general plan designation; and WHEREAS, the applicant has appealed the decision of the Planning Commission for the requested zone change; and WHEREAS, the City Council has considered and hereby makes the following findings: The above recitals are true and correct and constitute the findings of the Planning Commission in this matter. 2. All required notices have been given. ORIGINAL The provisions of the California Environmental Quality Act (CEQA) 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 Negative Declaration was prepared and sent to responsible agencies and property owners within 300 feet of the project site. A Negative Declaration was prepared for this project in accordance with CEQA. That infrastructure exists or can easily be provided to accommodate the types and intensities of the proposed development. The project site is located within the City of Bakersfield, Sphere of Influence boundary. The public necessity, general welfare and good zoning practice justify the approveal of the requested change of zone to E (Estate) zone on 74.35 acres and to DI (Drilling Island) zone on 2.5 acres located along the north side of Snow Road, east of the Friant-Kern Canal, generally west of Calloway Ddve. The project site is designated SR (Suburban Residential) on the Metropolitan Bakersfield General Plan Land Use Plan. 9. The requested zone change is compatible with the surrounding uses. 10. The requested zone change is consistent with the Metropolitan Bakersfield General Plan. 11. That Zone Change No. 03-1228 is hereby approved as recommended by staff with mitigation measures adopted in the Negative Declaration. 12. That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield be amended by changing the land use zoning E (Estate) zone on 74.35 acres and to DI (Drilling Island) on 2.5 acres on Map No. 102-06, of that certain property being annexed to the City of Bakersfield as described in Exhibit "C" herein attached. 13. That Zone Change No. 03-1228, as outlined above, is hereby approved with mitigation and conditions of approval shown on Exhibit "A". 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. Section 17.06.020 (Zoning Map) of the Municipal Code of the City of Bakersfield is hereby amended by changing the land use zoning of that certain property being annexed to the City, the boundaries of which is shown on the map marked Exhibit, ~,~ ORIGINAL "B" attached hereto and made a part hereof, and is more specifically described in attached Exhibit "C". Such zone change is hereby made subject to the conditions of approval listed in attached Exhibit "A". 5. The appeal of the applicant is upheld, 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 waspasse~ and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on FEB 2 5 2004 , by the following vote: ~ COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCLMEMBER. COUNCILMEMBER COUCH. CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO /~.ClTY CLERK and Ex e Council of the City of Bakersfield APPROVED FEB 2'5 2004 MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GINNARO City Attorney Attachments: EXHIBIT "A"- Conditions of Approval. EXHIBIT "B" - Map. EXHIBIT "C" - Legal Description. MO:djl S:~ZoneChange\03-1279~Resolutions~ozc-cc.doc 3 ORIGINAL EXHIBIT "A" CONDITIONS OF APPROVAL ORIGINAL EXHIBIT "A" Conditions and Mitigation Measures Zone Change No. 03-1279 If human remains are discovered at any time on the project site, work shall halt and the Kern County Coroner shall be notified immediately (Section 7050.5 of the Health and Safety Code) and the local Native American community, shall be notified. (Mitigation Measure). According to the Air Quality Impact Study for the zone change proposal, there shall be a maximum of 297 dwelling units developed on the project site. (Mitigation Measure). According to the Air Quality Impact Study for the zone change proposal, the following shall be required: a. Properly and routinely maintain all construction equipment, as recommended by the manufacturer manuals, to control exhaust emissions. b. Shut down equipment when not in use for extended periods of time to reduce emissions associates with idling engines. c. Encourage dde sharing and use of transit transportation for construction employee commuting to the project site. d. Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment. e. Curtail construction during periods of high ambient pollutant concentrations; this may include ceasing of construction activity during the peak- hour of vehicular traffic on adjacent roadways. (Mitigation Measure). Construction of project requires the implementation of control measures set forth under Regulation VIII, Fugitive PM~0 Prohibitions of the San Joaquin Valley Air Pollution Control District. The following mitigation measures, in addition to those required under Regulation VIII, can reduce fugitive dust emissions associated with these projects: a. All disturbed areas, including storage piles, which are not being actively utilized for construction purposes, shall be effectively stabilized of dust emissions using water, chemical stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover as approved by the Southern San Joaquin Valley Air Pollution Control District. b. All onsite unpaved roads and offsite-unpaved access roads shall be effectively stabilized of dust emissions using water or chemical stabilizer/suppressant. c. All land clearing, grubbing, scraping, excavation, land leveling, grading, cut & fill, and demolition activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by presoaking. d. When materials are transported offsite, all material shall be cover~-~l,~, effectively wetted to limit visible dust emissions, and at least six inc~s of v.~ ORIGINAL EXHIBIT "a" Condition~Mitigation Measures ZC 05-1279 Page 2 freeboard space from the top of the container shall be maintained. e. All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use of blower devices is expressly forbidden as well). f. Following the addition of materials to, or the removal of materials from, the surface of outdoor storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient water or chemical stabilizer/suppressant as approved by the San Joaquin Valley Air Pollution Control District. g. Within urban areas, trackout shall be immediately removed when it extends fifty (50) or more feet from the site and at the end of each workday. h. Any site with 150 or more vehicle trips per day shall prevent carryout and trackout. i. Asphalt-concrete paving shall comply with the San Joaquin Valley Air Pollution Control District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials. j. Cease grading activities during periods of high winds (winds greater than twenty (20) mph over a one-hour period). k. Limit construction-related vehicle speeds to fifteen (15) mph on all unpaved areas at the construction site. I. Wash off construction and haul trucks to minimize the removal of mud and/or dirt from the project site. (Mitigation Measure). If archaeological resources are encountered during the course of construction, work shall stop in the area of the find and a qualified archaeologist shall be consulted for further evaluation. All measures shall be conducted prior to resuming the construction in the find area. (Mitigation Measure). If the service requirements exceed the capability of the California Water Service Company's existing facilities, or if the extension of facilities is necessary, water service to the site shall be provided in accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations. (Mitigation Measure). MO:djl S:~ZoneChange~3-1279V~dn~n , Staff R~oods\Cond - Exhibit A .doc The developer/owner of the Zone Change project site shall be required to pay into the adopted Regional Traffic Impact Fee program. The fee program improvements mitigate impacts of the existing general plan densities. (Mitigation Measure). EXHIBIT "B" LOCATION MAP ORIGINal ~ ZONE CHANGE 03-1279 .~TO DI A TO E ZONING M~P i~JI~gNAL EXHIBIT "C" LEGAL DESCRIPTION ZONE CHANGE LEGAL DESCRIPTIONS PROPOSED E ZONE (FROM A ZONE) ALL THOSE PORTIONS OF SECTION 6, AND SECTION 7, TOWNSHIP 29 SOUTH, RANGE 27 EAST, M.D.M., COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE, MARKED FOR THE SECTION CORNER, AS SHOWN ON RECORD OF SURVEY BOOK 15 AT PAGE 84 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.50°15'40"E., 2072.70 FEET TO THE NORTHWEST CORNER OF PARCEL 5 OF PARCEL MAP WAIVER NO. 10-95 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 21, 1996 AS DOCUMENT NO. 0196151074, OFFICIAL RECORDS OF KERN COUNTY;THENCE S.89°50'50"E. ALONG THE NORTH LINE OF SAID PARCEL 5, A DISTANCE OF 329.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S.89°50'50"E ALONG SAID NORTH LINE, A DISTANCE OF 703.21 FEET; THENCE CONTINUING ALONG SAID NORTH LINE, S.89°49'48"E., 30.00 FEET; THENCE DEPARTING SAID NORTH LINE, S01°05'34"W., 1351.03 FEET TO THE SOUTH LINE OF THE NORTH 30.00 FEET OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 21-95 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 26, 1998 AS DOCUMENT NO. 0198146341, OFFICIAL RECORDS OF KERN COUNTY; THENCE N89°50'45"W. ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO THE EAST LINE OF PARCEL 1 OF PARCEL MAP NO. 931 AS FILED JUNE 21, 1973 IN PARCEL MAP BOOK 6 AT PAGE 5 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S01°05'34'~N. ALONG SAID EAST LINE, AND ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 2300.23 FEET; THENCE DEPARTING SAID EAST LINE, .89 51 42 W., 140.00 FEET; THENCE S.01°05'34~N., 335.00 FEET TO THE SOUTH LINE OF THE NORTH 24.00 FEET OF SAID SECTION 7; THENCE N.89°§1'42"W. ALONG SAID SOUTH LINE, A DISTANCE OF 482.93 FEET TO THE EASTERLY BOUNDARY OF THE FRIANT-KERN CANAL; THENCE ON AN ALONG SAID EASTERLY BOUNDARY, THE FOLLOWING EIGHT (8) COURSES: 1) N00°32'32"E, 1619.27 FEET; THENCE 2) N.35°09'42"W., 568.60 FEET; THENCE 3) N17°10'42"W., 157.50 FEET; THENCE 4) N .... .00 08 18 E., 431.50 FEET; THENCE 5) N85°54'59"W., 9.28 FEET; THENCE 6) N04°35'15"E, 187.20 FEET; THENCE 7) N00°27'15"E, 800.20 FEET; THENCE 8) N.04°23'15"E., 4.38 FEET; THENCE DEPARTING SAID EASTERLY BOUNDARY, S.89°50'50"E., 34Q07 FEET; THENCE N00°09'10"E., 329.00 FEET TO THE POINT OF BEGINNING. CONTAINING 74.35 GROSS ACRES. PROPOSED DI ZONE (FROM A ZONE) ALL THAT PORTION OF SECTION 6, TOWNSHIP 29 SOUTH, RANGE 27 EAST, MD.M, COUNTY OF KERN, STATE OF CALIFORNIA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 61 MARKED BY A KERN COUNTY SURVEYOR'S CONCRETE MONUMENT IN A LAMPHOLE, MARKED FOR THE SECTION CORNER, AS SHOWN ON RECORD OF SURVEY BOOK 15 AT PAGE 84 IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE S.50°15'40"E., 2072.70 FEET TO THE NORTHWEST CORNER OF PARCEL 5 OF PARCEL MAP WAIVER NO. 10-95 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 21, 1996 AS DOCUMENT NO. 0196151074, OFFICIAL RECORDS OF KERN COUNTY, AND THE POINT OF BEGINNING; THENCE S.89°50'50"E. ALONG THE NORTH LINE OF SAID PARCEL 5, A DISTANCE OF 329.11 FEET; THENCE DEPARTING SAID NORTH LINE, S.00°09'10"W., 329.00 FEET; THENCE N.89°50'50"W., 340.07 FEET TO THE EASTERLY BOUNDARY OF THE FRIANT-KERN CANAL THENCE N.O4°23'15"E. ALONG SAID EASTERLY BOUNDARY, A DISTANCE OF 195.82 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY, N.01°20'45"W., 133.76 FEET TO THE POINT OF BEGINNING. CONTAINING 2.50 ACRES. Q:~O03-49\legals\newzone2 doc~jfkLsept 19, 2003\REV DEC 10, 2003 ~C. lC)) ~oo~ ORIGINAL AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) 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 26th day of February, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4176, passed by the Bakersfield City Council at a meeting held on the 25th day of February, 2004 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO, 102-06 BY CHANGING THE ZONING FROM A {AGRICULTURE) TO AN E {ESTATE) ZONE ON 74,35 ACRES AND TO DI {DRILLING ISLAND) ZONE ON 2,5 ACRES, LOCATED ALONG THE NORTH SIDE OF SNOW ROAD, EAST OF THE FRIANT-KERN CANAL, GENERALLY WEST OF CALLOWAY DRIVE. (ZC 03- 1279). (WARD 4) Isl PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: DE PC~z~City Clerk 0RIQINAL