HomeMy WebLinkAboutORD NO 4179ORDINANCE NO. 4 1 ? 9
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
101-11 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING)
ZONE ON 80 ACRES, LOCATED ALONG THE SOUTH SIDE
OF KRATZMEYER ROAD TO REINA ROAD, GENERALLY
WEST OF ALLEN ROAD. (GPA 03-1228). (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 hearing on a
petition to change the land use zoning of those certain properties being annexed to the City of
Bakersfield located at the northwest corner of Reina Road and Allen Road.
WHEREAS, by Resolution No. 173~03 on December 18, 2003, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve an R-1 (One Family Dwelling) 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 hearing, did make several general
and specific findings of fact, which warranted a Negative Declaration and changes in zoning of the
subject property from A (Agriculture) to R-1 (One Family Dwelling) zone 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 for the proposal was advertised and posted on
November 14, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single family residential
development; and
WHEREAS, the City Council has considered and hereby makes the following findings:
The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
2. All required notices have been given.
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.
ORIGINAL
9.
10.
11~
12.
13.
14.
NOW,
1.
2.
3.
That infrastructure exists or can easily be provided to accommodate the types and
intensities of the proposed development.
The public necessity, general welfare and good zoning practice justify the
recommended change of zone to R-1 (One Family Dwelling) zone on 80 acres
located along the south side of Kratzmeyer Road to Reina Road, generally west of
Allen Road.
The project site, with prior approval of General Plan Amendment No. 03-1228, is
designated LR (Low Density Residential) on the Metropolitan Bakersfield General
Plan Land Use Plan.
The recommended zone change will reflect the previously adopted General Plan
Amendment No. 03-1228.
The recommended zone change is compatible with the surrounding uses.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 03-1228.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
That Zone Change No. 03-1228 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
That Section 17.06.020 (Zoning Map) of the Municipal Code of the City of
Bakersfield be amended by changing the land use zoning R-1 (One Family Dwelling)
zone on 80 acres on Map No. 101-11, of that certain property being annexed to the
City of Bakersfield as described in Exhibit "C" herein attached.
That Zone Change No. 03-1228, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit "A", subject to
prior approval of General Plan Amendment No. 03-1228.
SECTION 1.
TH EREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
All of the foregoing recitals are hereby found to be true and correct.
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
"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", and subject to prior approval of General Plan Amendment No.
03-1228. ~ ~4~d~.~,
2 ~-
ORIGINAL
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 one, by the following
vote:
(~ COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER.
ABSENT: COUNClLMEMBER
CITY CLERK and Ex Officio/(~erk of the
Council of the City of Bakersfili~d
APPROVED MAR ! 0 2004
APPROVED as to fo?rn:
VIRGINIA GENNA/RO
City Attorney.
Attachments: EXHIBIT "A" - Conditions of Approval.
EXHIBIT "B" - Map.
EXHIBIT "C" - Legal Description.
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S:\GPA 4th Qtr 2003~,03o1228',Resolution~ozc.cc.doc
3
ORIGINAL
EXHIBIT A
CONDITIONS OFAPPROVAL
ORIGINAL
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 03-1228
Prior to any further urbanization of the project site, the payment of the fee calculated by the Kern
County Assessor's Office, the calculated fee is $300,000.00 for the 80 acre site or $3,750.00 per
gross acre, if phased. (Condition).
A maximum of 250 dwelling units shall be developed for the GPA/ZC site. This is based on the
Air Quality analysis for the project (page 7). (Condition).
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 Amedcan community, shall be notified. In the abse0c~ o[ any
archaeological resource on the project site, should any archaeological resources are
encountered during the course of construction, a qualified archaeologist shall be consulted for
further evaluation. (Mitigation Measure).
tf the service requirements exceed the capability of the Califomia Water Service Company's
existing facilities or if the extension of the facilities is necessary, service would be provided in
accordance to Rule 15 of the State Public Utilities Commission Rules and Regulations.
(Mitigation Measure).
The applicant shall complete the following improvements pdor to recordation of any subdivision
on the project site. The Intersection Level Of Service (LOS) with mitigation improvements are
shown on the below Tables 1,2 and 3. (Mitigation Measure).
Table 1
Intersection Level of Service - PM Peak Hour
Signalized Intersections
# Intersection
8 Calloway & Olive Dr
19 Allen & Roscdalc Hwy
20O3
B
C
C
2O23
B
E
2023~
E
2O23+
Project w/Mitigation
C
Table 2
Intersection Level of Service - AM Peak Hour
Signalized Intersections
# lnl~rsection
18 Al cn & Rose. da e Hw-/
2OO2
c
2002+
Project
c
2023 2023+ I 2023+
Project I Project w/Mitigation
F F C
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 2 of 7
Table 3
Intersection Level of Service - PM Peak Hour
Unsignalized Intersections
# Intersection Movement 2003 2003+ 2023 2023+ 2023+ Project
Project Project w/Mitigation
I Allen Rd & Snow Rd WB B B F F C
2 Rudd Rd & Kratzme},er Rd SB A A B B
3 Jenkins Rd & IQ'atzmeyer Rd Overall Intersection - A A A
4 Allen Rd & Olive Dr EB, WB B, A C, B F, F F, F C
5 Old Farm Rd & Olive Dr Overall Intersection - - B B B
6 Jewet~a Ave & Olive Dr EB, WB B, - B, - F, F F, F C
7 Verdugo Ln & Olive Dr NB, SB A, A A, A B, A B, A B
9 Santa Fe Wy & Reina Rd EB, WB B, B B, C E, E E, F B
10 Renfro Rd & Santa Fe Wy NB B B C C -
11 Jenkins Rd & Reina Rd Overall Intersection - A A A -
12 Allen Rd & Reina Rd EB, WB B, B C, C F, F F, F C
13 Allen Rd & Noriega Rd WB B B D E A
14 Santa Fe Wy & Hageman Rd Overall Intersection E E F F C
15 Allen Rd & Hageman Rd SB C D F F, F B
16 Old Farm Rd & Haseman Rd NB, SB B, C C, C F F C
17 Jewetta Ave & Hageman Rd Overall Intersection E F F F C
18 Allen Rd & Meacham Rd EB C D F F B
intersection street improvements for the year 2023, which are needed to maintain or improve the
operational level of service of the street system in the vicinity of the project are shown in the
Table 4 below. The table also identifies those improvements not covered by the regional
Transportation Impact Fee (RTIF) program and the project's percent share for the cost of all
non-RTIF (local mitigation) improvements. These improvements shall be completed by the
applicant pdor to recordation of any subdivision on the project site. (Mitigation Measure).
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 3 of 7
Table 4
Future Street Improvements and Local Mitigation Percentages
# Intersection Total Improvements Required by Local Mitigation Project %
2023 (Improvements not Share for
covered by RTIF) Local
Mitigation
I Alien Rd & Snow Rd Install Signat - I WBR, I SBL I SBL 1.88%
4 Allen Rd & Olive Dr Install Signal - 1 EBL, I WBL, 1 I NBL, 1 SBL 6.34%
NBL, I SBL
5 ~'~l-d Farm Rd & Olive Dr Install Signal - 1 EBL, I WBL, I I NBL, I SBL 7.32%
NBL, I SBL
6 Jewena Ave & Olive Dr Install Signal - I EBL, I WBL, I - -
NBL, I SBL
7 Verdugo Ln & Olive Dr Install Signal - -
9 Santa Fe Wy & Reina Rd Install Signal I EBL, I WBL, 1 NBL, Install Signal - I EBL, I 3.6%
I SBL WBL, 1 NBL, I SBL
12 Allen Rd & Reina Rd Install Signal - I EBL, I WBL, I I EBL, I WBL, l NBL, I 7.67%
NBL, I SBL, 1 SBR SBL, I SBR
13 Allen Rd & Noriega Rd Install Signal - I WBR, I SBL I WBR, I SBL 9.85%
14 SantaFeWy&Hageman Install Signal - I EBL, 2 WBL, I INBL 3.21%
NBL, I SBL
15 Allen Rd & Hageman Rd Install Signal - I EBL, 1 SBR -
16 Old Farm Rd & Hageman Install Signal - 1 EBL, 1 WBL, 1 NBL I WBL, 1 NBL 3.3%
17 Jewetta Ave & Hageman Install Signal - 1 NBL I NBL 2.14%
18 Allen Rd & Meacham Install Signal - I EBR, I SBR I EBR, I SBR 2.98%
19 Allen Rd & RosedaleHwy I EBL, I EBT, I WBL, I WBT, I 1 SBL 1.59%
NBL, I N'BT, I SBL (4.72%)
With submittal of a land division or Lot Line Adjustment application, provide dedication of
Kmtzmeyer Road and Reina Road to arterial and collector standards, including expanded
intersections.
5.a
Submit a comprehensive drainage study to be submitted to and approved by the City
Engineer. Site any drainage retention facility on the periphery of the GPA area 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. Provide an easement for the ultimate retention basin
site, along with necessary easements for the transportation of drainage water to the site.
5.b
Submit verification to the City Engineer of the existing sewer systems capability to
accept the additional flows to be generated through development under the new land
use and zoning.
5.C
Payment of median fees for the frontage of the property within the GPA request. These
fees may be paid prior to recordation of any map or approval of improvement plans.
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 4 of 7
11.
Access to the artedal and collector streets will be limited and determined at time of division or
development. Determination of whether a dght turn lane is required at the access street(s) will
also be made at the time of division or development. A full access opening will only be
considered if the developer funds and installs a traffic signal at the site entrance. Said signal will
only be permitted if a signal synchronization study is submitted and approved, which shows
progression is not adversely affected.
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.
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee - RTIF) as indicated in Table 7 of the traffic study. An estimate and
fee schedule should be developed by the applicant and approved pdor to recordation of a map
or issuance of a building permit.
Allen Road/Snow Road - Add south bound left turn lane, 1.88% share
Allen Road/Olive Ddve - Add north and south bound left turn lanes, 6.34% share
Old Farm Road/Olive Drive - Add north and south bound left turn lanes, 7.32% share
Santa Fe Way/Reina Road - Install signal, add north, east, south and west bound left tum lanes,
3.6% share
Allen Road/Reina Road - Add north, east, south and west bound left turn lanes, south bound
dght turn lane, 7.67% share
Allen Road/Nodega Road - Add west bound dght and south bound left rum lanes, 9.85% share
Santa Fe Way/Hageman Road -Add north bound left tum lane, 3.21% share
Old Farm Road/Hageman Road - Add west and north bound left tum lanes, 3.3% share~
Jewetta Avenue/Hageman Road -Add north bound left tum lane, 2.14% share
Allen Road/Meacham Road - Add east and south bound dght tum lanes, 2.98% share
Allen Road/Rosedale Hwy - Add south bound left turn lane, 4.72% share
Pay the standard residential fees, as adopted at time of development, for the residential portions.
The provisions of Rule 8011 are applicable to specified outdoor fugitive dust sources. This Rule
provides definitions, exemptions, requirements, administrative requirements, recordkeeping
requirements, and test methods that are applicable to all Rules under Regulation VIII.
(Mitigation Measure).
Rule 8021 applies to any construction, excavation, extraction and other earthmoving activities,
including but not limited to, land clearing, grubbing, scraping, travel on site, and travel on access
roads to and from the site. (Mitigation Measure).
ORIGINAl.
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 5 of 7
12.
13.
14.
15.
16.
17.
18.
No person shall perform any construction, demolition, excavation, extraction, or other
earthmoving activity unless the appropriate requirements in Sections 5.1 and 5.2 are sufficiently
implemented to limit VDE21 to 21% opacity. (Mitigation Measure).
The developer of the site shall control the fugitive dust emissions to meet the requirements
below:
13a. Pre-watar the site sufficient to limit VDE to 20% opacity.
13b. Phase the work to reduce the amount of disturbed surface area at any one time.
(Mitigation Measure).
The developer shall meet the following requirements dudng active operations:
14a. Apply water or chemical/organic stabilizers/suppressants sufficient to limit VDE to 20%
opacity.
14b. Construct and maintain wind barriers sufficient to limit VDE to 20% opacity. If utilizing
wind barriers, control measure above shall also be implemented.
14c. Apply water or chemical/organic stabilizers/suppressants to unpaved haul/access
roads and unpaved vehicle/equipment traffic areas sufficient to limit VDE to 20%
opacity and meet the conditions of a stabilized unpaved road surface.
(Mitigation Measure).
The developer shall meet the following requirements for temporary stabilization dudng pedods of
inactivity:
15a. Restrict vehicular access to the area
15b. Apply water or chemical/organic stabilizers/suppressants, sufficient to comply with the
conditions of a stabilized surface. If an area having 0.5 acres or more of disturbed
surface area remains unused for seven or more days, the area must comply with the
conditions for a stabilized surface area as defined by the SJVAPCD.
(Mitigation Measure).
The developer of the site shall meet all requirements of Rule 8011. (Mitigation Measure).
Since the project site is greater than 40 acres in size, the owner shall submit a Dust Control Plan
(DCP) to the San Joaquin Valley Air Pollution Control District (SJVAPCD) within 10 days prior to
the commencement of any construction activity on the site. (Mitigation Measure).
The owner of the site shall provide written notification to the SJVAPCD within 10 days prior to
the commencement of earthmoving activities via fax or mail. (Mitigation Measure).
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 6 of 7
19.
20.
21.
22.
The developer shall provide a Dust Control Plan (DCP) which describes all fugitive dust control
measures to be implemented before, dudng and after any dust generating activity. Regardless
of whether a n approved DCP is in place or not, or even when the owner/operator responsible for
the plan is complying with an approved DCP, the owner/operator is still subject to comply with all
requirements of the applicable rules under Regulation VIII at all times. (Mitigation Measure).
The DCP shall contain all of the following information as follows:
20a.
Name(s), address(es), and phone number(s) of person(s) and owner(s)/operator(s)
responsible for the preparation, submittal, and implementation of the DCP and
responsible for the dust generation operation and dust generating application.
20b. A plot plan, which shall show the type and location each project site.
20c. The total area of land surface to be to be disturbed, daily throughput volume of
earthmoving in cubic yards, and total area in acres of the entire project site.
20d. The expected start and completion dates of dust generating and soil disturbance
activities to be preformed on the site.
20e. The actual and potential sources of fugitive dust emissions on the site and the location of
bulk carryout/trackout may occur; and traffic areas.
20f.
Dust suppressants to be applied, including: product specifications; manufacturer's usage
instructions (method, frequency, and intensity of application); type number and capacity
of application equipment; and information on environmental impacts and approvals or
certifications related to appropriate and safe use for ground applications..
20g. Specific surfaca treatment(s) and /or control measures utilized to control matedal
carryout, backout, and sedimentation where unpaved and / or access points join paved
public access roads.
(Mitigation Measure).
Rule 8041 shall be met by the developer and would apply to sites that are subject to Rule 8021
(Construction, Demotion, Excavation, Extraction, and other Earthmoving Activities), Rule 8031
(Bulk Materials) and Rule 8071 (Unpaved Vehicle and Equipment Traffic Areas) where carryout
or trackout has occurred or may occur.
21a. The owner shall sufficiently prevent or cleanup carryout and trackout as specified in
Sections 5.1 through 5.8 of the Rule.
Rule 8051 shall be met by the developer and would apply to open areas having 3.0 acres or
more of disturbed surfaca area that has remained undeveloped, unoccupied, unused, or vacant
for more than seven days.
ORIGINAL
Exhibit A
Conditions of Approval
GPA/ZC 03-1228
Page 7 of 7
23.
24.
Whenever open areas are disturbed or vehicles are used in open areas, the ownedoperator
shall implement one or a combination of control measures indicated below to comply with the
conditions of a stabilized surface at all times and to limit VDE to 20% opacity:
23a. In all open areas:
i. Apply and maintain water or dust suppressant(s) to all un-vegetated areas
sufficient to limit VDE to 20% opacity; or
ii. Establish vegetation on all previously disturbed areas sufficient to limit VDE to
20% opacity; or
iii. Pave, apply and maintain gravel, or apply and maintain chemical/organic
stabilizers/suppressants sufficient to limit VDE to 20% opacity.
23b. When there is vehicle use in open areas:
iv. Upon evidence of trespass, prevent unauthorized vehicle access by posting "No
Trespassing" signs or installing physical barriers such as fences, gates, posts,
and or other appropriate barriers to effectively prevent access to the area.
(Mitigation Measure).
North Bakersfield Recreation and Park District will need a 10-acre neighborhood park
somewhere near the northwest corner of the project site to serve this general area and other
anticipated development around the site. Park in lieu fees for this development could be offset
with a donation of a park site that meets the District's requirements, subject to approval by the
North Bakersfield Recreation and Park District. The developer shall demonstrate to the
Planning Director that this condition has been met, pdor to recordation of a tentative tract on the
project site. The District would then be allowed to purchase the balance of the 10-acre
neighborhood park site. If the developer is unwilling to allow the use of 10-acres of their
development for a public park, park in lieu fees will be required to assist in mitigating the impact
to park and recreation services. Park development fees are also required. (Condition).
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ORIGINAL
EXHIBIT B
LOCATION MAP
ZONE CHANGE 03-1228
A TO R-1
ZO~ll NG MAP ~)$-I 1 m
ORIGIK~/.
EXHIBIT C
LEGAL DESCRIPTION
ORIGINAl.
LEGAL DESCRIPTION FOR ZONING
Zone Chan.qe from A (A,qdculture) to R-1 (Sin.qle Family Residential):
Lots 19, 20, 29 and 30 of the Sales Map of Lands of Kern County Land Company filed
January 9,1891 in the office of the Kern County Recorder.
Also being described as the west half of the southeast quarter of Section 11, Township 29
South, Range 26 East, MDB & M.
Contains approximately eighty (80) acres.
Affects the west half of Assessor's Parcel 462-02
REVISED September 26, 2003
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 1L~_. day of March , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4179, passed by the
Bakersfield City Council at a meeting held on the 10'~ day of March, 2004 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 101-11 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING)
ZONE ON 80 ACRES, LOCATED ALONG THE SOUTH
SIDE OF KRATZMEYER ROAD TO REINA ROAD,
GENERALLY WEST OF ALLEN ROAD. (GPA 03-1228).
(WARD 4).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
- - DE-PUi~t' City Clerk