HomeMy WebLinkAboutORD NO 4182ORDINANCE NO. 4: I 8 ~,
ORDINANCE ADOPTING THE NEGATIVE DECLARATION AND
AMENDING SECTION 17.06.020 (ZONE MAP NO. 102-36) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM AN R-1 (ONE FAMILY
DWELLING) ZONE TO PUD (PLANNED UNIT DEVELOPMENT)
ZONE ON 104.46 ACRES, GENERALLY LOCATED ON THE
WEST SIDE OF JEWETTA AVENUE, APPROXIMATELY 600
FEET NORTH OF STOCKDALE HIGHWAY (FILE # 03-1246).
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 west side of Jewetta Avenue,
approximately 600 feet north of Stockdale Highway, as shown on the location map
marked Exhibit "B;" and
WHEREAS, by Resolution No. 6-03 on January 15, 2004, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of
the Municipal Code to approve Zone Change No. 03-1246 as delineated on attached
Zoning Map No. 102-36 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 for seniors, private
parks and other private landscaped areas as shown on attached Exhibit "C," consisting
of 6 pages including a site plan and elevations; 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
December 22, 2003, in accordance with CEQA; and
ORIGINAL
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 circulation 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 proiect is the appropriate
environmental document to accompany proiect 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 goals
and policies of all elements of the general plan.
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 .~ %~-,~
- 2 - ORIGIN~.L
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.
3. 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. 102-36 marked Exhibit "D" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "E."
4. Such zone change is hereby made subject to the conditions of
approval listed in attached Exhibit "A."
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 ......
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ORIGINAl
the
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by
Council of the City of Bakersfield at a regular meeting thereof held on
APR ]- ~ ?_004 by the following vote:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNClLMEMBER
PAMELA A. McCARTHY,;MC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED APR 1 ~ 2004
HARVEY L. HALL
Mayor of the City of Bakers/ield
APPROVED as to form
VIRGINIA GENI~ARO
City Attomey/
·
By./~j/. , ~ ~-~.~
Exhibits:
A. Conditions.
B. Location Map.
C. PUD site plan and elevations.
D. Zone Map 102-36
E. Legal Description
Jeng ~ S:~TRACTS~6250~cc[PUD ZC ORD. DOC
4/'15/2004
-4-
ORIGINAL
EXHIBIT "A"
PUD ZONE CHANGE NO. 03-1246
CONDITIONS OF APPROVAL
PUBLIC WORKS DEPARTMENT
1. All lots have frontage on a street rather than on a park lot unless access through the landscape
lots is provided for in the CC&R's for the subdivision.
2. Revise the plan so street intersections will be no more than 15° from perpendicular.
3. Provide a comprehensive parking restriction plan for the interior streets (e.g. - signing, marking,
enforcement, etc.)
4. Provide gate calculations for the entry streets to show that driveway lengths for the entry streets
are in accordance with Standard T-2.
5. Street improvement plans shall include a circulation, signing, striping, and marking plan for
treatment of all one-way streets, alleys, roundabouts, and other non-standard design features.
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 Broadhaven Street and the south end of
Lauriston Drive.
Provide an analysis of stopping sight distances at the intersections of Regents Street and
Abercromby Drive, New Towne Street and Waterford Circle, Kimelford Drive and Edgerton,
Kimelford Drive and Carlow Avenue, and Harleston Street and Kettering Drive.
New Towne Street is being constructed as a collector. As this new collector is not on the general
circulation element of the general plan, all walls and landscaping installed shall be maintained by
the tract's homeowners associations fronting the street for the entire length of New Towne Street
from Allen Road through the subdivision. Wall and landscaping requirements shall be the same
as standard collectors. Waiver of direct access is required along New Towne Street
Major improvements:
9.1. It is intended that all development within the boundaries of ZC 03-1246 share proportionally in
the costs of construction of the arterial and collector streets adjacent to and within the parcel.
This includes portions of Allen Road, Stockdale Highway 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.
9.2. 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 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 to issuance of certificates of
occupancy for structures within the subdivision.
9.3. Allen Road and Stockdale Highway shall be constructed within three years of the recordation
of the first adjacent final map.
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March 24, 2~4
Exhibit "A"
ZC 03-1246
Page 2 of 5
9.4. Payment of the median fees for Allen Road 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.
9.5. Construct a signal at New Towne Street at Allen Road per GPA/ZC P96-0287.
10. Meet all conditions requested by ordinance 3774 and 3990.
RECREATION AND PARKS
11.
12.
The City landscape maintenance responsibilities shall end at the start of all curb returns into
private streets.
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
13.
14.
Prior to recordation of the any final map, subdivider shall have obtained approval of
emergency secondary access for all phases. Approval shall be by the Fire Department and
City Engineer.
The homeowners association will ensure parking restriction in order to maintain fire apparatus
access.
PLANNING DEPARTMENT
15.
All development shall be consistent with approved Vesting Tentative Tract 6250 and P.U.D.
plans as submitted unless changed in response to conditions as approved by the Planning
Director and Public Works Director.
16. Lots sizes shall be as shown in approved Vesting Tentative Tract Map 6250.
17.
The front yard setback shall be a minimum 20-feet from the flowline. The front porch is
allowed to have a 15-foot setback from the front property line. The side yard setback for
corner lots are allowed to be 5-feet, except that clear sight lines shall be observed. All other
setbacks shall conform with the City's Zoning Ordinance for an R-1 (One Family Dwelling)
zone. A 2-foot pedestrian easement shall be provided behind sidewalk on the typical street
cross sections.
18.
19.
All garage doors shall be roll-up doors.
Subdivider shall construct the 3.24 acre private park, as described below prior to occupancy
of Phase 3 of Vesting Tentative Tract Map 6250. The construction of the private park may be
bonded. The private park shall at a minimum consist of a club house, pool, shuffle board or
game area, landscaping, shade structure, benches, picnic table/benches and a minimum of
25 parking spaces, security lighting.
Jeng I S:tZoneChange~O3-1246~pu~cclPUD Exh A.DOC
March 24, 2004
ORIGINAL
Exhibit "A"
ZC 03-1246
Page 3 of 5
20. The development is for senior residents and the CC&Rs shall include such an age restriction
provision.
21. The subdivider shall construct a 6-foot high masonry wall along the south boundary separating
the tract and the adjacent multiple family zoned property.
22. Landscaping may be five and one-half (5.5) feet wide subject to the Planning Director
approval.
23. Gate access (stacking) shall be to City standard.
24. Wall and landscaping shall match the Brighton Place development.
25.
Prior to recordation of any tract or parcel map within the South of Brimhall Project area, the
applicant shall dedicate 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 and
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 and 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 applicants shall pay $30,000 to the City to cover some of the City's cost to
construct a "staging" and picnic area. The staging area is to be located in the vicinity of
Stockdale Highway and the Cross Valley Canal. The "South of Brimhall" area is defined as that
area bound by Allen Road, Stockdale Highway, Jewetta Avenue and the Kern River Freeway.
(GPNZC P01-1019: City Council Res. # 88-02) Note: With development of the soccerpark
at the northeast corner of Jewetta and Stockdale, the staging area has been relocated.
The developer's obligation is to pay $30,000 toward the cost of improving the staging
area.
Air Quality Mitigation Measures: Mitigation Measures from "Air Quality Impact Study for Tentative
Tract 6250," October 2003, WZl, Inc.
26.
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Mitigation Measures for Construction Equipment Exhaust
The following mitigation measures should be utilized during the construction phase of the
project to reduce construction exhaust emissions. These mitigation measures are stated in
the GAMAQI guidance document as approved mitigation for construction equipment:
· Properly and routinely, maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing and use of transit transportation for construction employee
commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired
equipment. C~ % ~'~'~"%~
ORIGInaL
Exhibit "A"
ZC 03-1246
Page 4 of 5
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.
27. Mitigation Measures for Fugitive Dust Emissions
Construction of the 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:
· 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 stabilizedsuppressant, covered with a tarp or other suitable cover, or
vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizedsuppressant.
· 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.
· When materials are transported offsite, all material shall be covered, or effectively
wetted to limit visible dust emissions, and at least six inches of freeboard space from the
top of the container shall be maintained.
· 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)
· 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 stabilizedsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends 50 or more
feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control
District Rule 4641 and restrict the use of cutback, slow-cure and emulsified asphalt
paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over a one-
hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
constructions site.
· Wash off construction and haul trucks to minimize the removal of mud and dirt from the
project sites.
Jeng I S:tZoneChangelO3-1246~pud~cclPUD Exh A.DOC
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ORIGiN.aL
Exhibit "A"
ZC 03-1246
Page 5 of 5
Other Mitigation Measures (adopted as conditions of approval for related GPA/ZC P96-0287 South of
Brimhall EIR -City Council Res. #70-97; Ordinance 3774.)
28. If archeological or paleontological resources are discovered during excavation and grading
activities on the project site, the contractoddeveloper shall stop all work and shall retain a qualified
archeologist to evaluate the significance of the find and appropriate course of action.
29. If any abandoned or unrecorded wells are uncovered, or damaged during excavation or grading
activities, remedial plugging operations pursuant to the Division requirements would be required to
be completed by the developer.
30. 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.
Jeng I S:tZoneChange~O3-1246~pudtcctPUD Exh A.DOC
March 24, 2004
ORIGINAL
)RIGI.,X~L
ORIG¢,F',L
EXHIBIT "D"
ZONE CHANGE 03-1246
R-1 TO P.U.D.
EXHIBIT "E"
ZONE CHANGE LEGAL DESCRIPTION
PROPOSED P.U.D. ZONE (FROM R-1 ZONE)
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 DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL "A" AS DESCRIBED IN THE
GRANT DEED TO THE CITY OF BAKERSFIELD, RECORDED MARCH 8, 2001, AS DOCUMENT
NO. 0201030163, OFFICIAL RECORDS OF KERN COUNTY, ALSO BEING THE INTERSECTION
OF THE WESTERLY BOUNDARY OF THE RIO-BRAVO CANAL WITH THE CENTERLINE OF THE
FUTURE ALIGNMENT OF JEWETTA AVENUE; THENCE
S.61o45'22"W. ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL "A", A DISTANCE OF
338.56 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 2000.00 FEET; THENCE.
SOUTHWESTERLY ALONG SAID CURVE AND SAID NORTHERLY BOUNDARY, THROUGH A
CENTRAL ANGLE OF 28°20'17" AN ARC DISTANCE OF 989.19 FEET; THENCE
DEPARTING SAID NORTHERLY BOUNDARY OF PARCEL "A", N.56 34 56 W., 54.10 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS
OF 474.01 FEET AND TO WHICH BEGINNING A RADIAL LINE BEARS N.33°33'53"E.; THENCE
WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'22'13" AN ARC
DISTANCE OF 267.80 FEET; THENCE
N.88o48,02-W.,1580.15 FEET;THENCE
S.67'17'40"W, 45.00 FEET; THENCE
N.22o42'20"W., 425.78 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 700.00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OFl1'15'17" AN ARC
DISTANCE OF 137.50 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 1120.00 FEET AND TO WHICH BEGINNING A
RADIAL LINE BEARS S.12°59'00"E.; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28*07'40' AN ARC
DISTANCE OF 549.83 FEET; THENCE
N.48o58'20"E., 184.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 1100.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°06'14'' AN ARC
DISTANCE OF 117.18 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE SOUTHEAST, HAVING A RADIUS OF 11.50 FEET AND TO WHICH BEGINNING A RADIAL
LINE BEARS S.83°34'09"W.; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36'18'10" AN ARC ~-,~,~,~
DISTANCE OF 7.29 FEET; THENCE
EXHIBIT "E"
N.35oqT'q9"W., 873.46 FEET; THENCE
N.54o32'14"E., 125.27 FEET; THENCE
N.33o36'00"E., 44.39 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 3166.89 FEET AND TO WHICH BEGINNING A RADIAL
LINE BEARS N.q6°03'49"W-; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10020'35'' AN ARC
DISTANCE OF 571.69 FEET TO THE BEGINNING OF A NON-TANGENT COMPOUND CURVE
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 2961.16 FEET AND TO WHICH BEGINNING
A RADIAL LINE BEARS N.07°25'22'W.; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°17'38'' AN ARC
DISTANCE OF 221.91 FEET; THENCE
S.89o08'04"E., 1228.33 FEET TO SAiD WESTERLY BOUNDARY OF THE RIO-BRAVO CANAL;
THENCE
S.43o01'32"E. ALONG SAID WESTERLY BOUNDARY, A DISTANCE OF 466.69 FEET; THENCE
CONTINUING ALONG SAID WESTERLY BOUNDARY, S.28°48'14''E-, 989.53 FEET TO THE
POINT OF BEGINNING.
CONTAINING 104.46 ACRES.
O:\6836.~l\LEGALS\pudzone.cioc\oct. 3, 2005
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 16th day of April , 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4182, passed by the
Bakersfield City Council at a meeting held on the 14th day of April, 2004 and
entitled:
AN ORDINANCE ADOPTING THE NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONE MAP NO. 102-36) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONEING FROM AN R-I (ONE FAMILY DWELLING)
ZONE TO PUD (PLANNED UNIT DEVELOPMENT) ZONE
ON 104.46 ACRES, GENERALLY LOCATED ON THE
WEST SIDE OF JEWETTA AVENUE, APPROXIMATELY
600 FEET NORTH OF STOCKDALE HIGHWAY (FILE
#03-1246).
~si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
DEPI~,~'Y City Clerk
ORIGINAL