HomeMy WebLinkAboutORD NO 4205ORDINANCE NO.
4205
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
122-24 BY CHANGING THE ZONING FROM A-20A
(AGRICULTURE-20 ACRES MINIMUM) TO AN R-I (ONE
FAMILY DWELLING) ZONE ON 77 ACRES, LOCATED
NORTH OF PANAMA LANE TO PENSlNGER ROAD, WEST
OF BUENAVlSTA ROAD. (GPA 04-0429). (Ward 5).
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 comer of Reina Road and Allen Road.
WHEREAS, by Resolution No. 77-04 on June 17, 2004, 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-20A (Agriculture-20 Acres Minimum) 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:
1. The above recitals and findings are true and correct and constitute the findings of the
Planning Commission in this matter.
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.
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ORIGINA[
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 77 acres
located north of Panama Lane to Pensinger Road, west of Buena Vista Road.
The project site, with prior approval of General Plan Amendment No. 04-0429, 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. 04-0429.
9. The recommended zone change is compatible with the surrounding uses.
10.
The recommended zone change is consistent with the Metropolitan Bakersfield
General Plan, subject to prior approval of General Plan Amendment No. 04-0429.
11.
That the applicant by prior agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
12.
That Zone Change No. 04-0429 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
13.
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 77 acres on Map No. 122-24, of that certain property being annexed to the
City of Bakersfield as described in Exhibit "C" herein attached.
14.
That Zone Change No. 04-0429, as outlined above, is hereby recommended for
approval with mitigation and conditions of approval shown on Exhibit AA@, subject to
prior approval of General Plan Amendment No. 04-0429.
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 tn~e 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 in the City
of Bakersfield, 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".
2
OR!~ NAL
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.
04-0429.
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,
o0o ........
3
OR!O!NAL
I HEREBY CERTIFY that the foregoing Ordinance was I~er~e(t a_nd adopted by the Council
of the City of Bakersfield at a regular meeting thereof held on 'oct' 0 8~.004 , by the following
vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
ABSTAIN: COUNClLMEMBER
ABSENT: COUNCILMEMBER ~*{J.~ ~ ~C~.~
CITY CLERK and~ed( of the
Council of the City of Bakersfield
APPROVED SEP 0 8 2004
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
Attachments:
EXHIBIT "A" - Conditions of Approval.
EXHIBIT "B"- Map.
EXHIBIT "C" - Legal Description.
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S:~GPA 2nd 2004\04-0429~Resolutions~ozc-cc.doc
4
0RIG~F;AL
EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change No. 04-0429
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 $239,594.00 for the 80 gross
acre site or $2,994.93 per gross acre, if phased. (Condition).
The maximum of 310 dwelling units shall be developed for the GPNZC site.
(Condition).
The criteria pollutant most affected by proposed mitigation measures will be PM~0. As
the project will be completed in compliance with San Joaquin Valley Air Pollution Control
District (SJVAPCD) Regulation VIII, dust control measures will be taken to ensure
compliance specifically during grading and construction phases. The mitigation
measures to be taken are as follows:
a. Water exposed surfaces (soil) three-times/day.
b. Water all haul roads at a minimum of three times per day.
c. Reduce speed on unpaved roads to less than 15 miles per hour.
d. Stabilize all disturbed areas, including storage piles, which are not being actively
utilized for construction purposes using water, chemical stabilizers or by covering
with a tarp, other suitable cover or vegetative ground cover.
e. Control fugitive dust emissions during land clearing, grubbing, scraping,
excavation, leveling, grading, or cut & fill operations with application of water or
by presoaking.
f. When transporting materials offsite, maintain a freeboard limit of at least six
inches and cover or effectively wet to limit visible dust emissions.
g. Limit and remove the accumulation of mud and/or dirt from adjacent public
roadways at the end or 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).
h. Stabilize the surface of storage piles following the addition or removal of materials
using water or chemical stabilizers/suppressants.
i. Remove trackout when it extends 50 or more feet from the site at the end of each
workday.
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ORIGINAL
Exhibit A
Conditions of Approval
GPNZC 04-0429
Page 2 of 5
j. Cease grading activities during periods of high winds (greater than 20 mph over a
one-hour period).
k. Asphalt-concrete paving shall comply with the SJVUAPCD Rule 4641 and restrict
use of cutback, slow-cure and emulsified asphalt paving materials.
The Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI), January 10,
2002 Revision, guidance document lists the following measures as approved and
recommended for construction activities within the San Joaquin Valley as follows:
a. Maintain all construction equipment as recommended by manufacturer manuals.
b. Shut down equipment when not in use for extended periods of time.
c. Use electric equipment for construction whenever possible in lieu of diesel or
gasoline powered equipment.
d. Curtail use of high-emitting construction equipment during periods of high or
excessive ambient pollutant concentrations such as "Spare-the-Air" days as
declared by the SJVUAPCD.
e. Encourage construction employees to carpool or use shuttle to retail
establishments at lunch.
The URBEMIS emissions modeling program provides reductions attributable to a project
to reduce long term Area Emissions from the completed project. The Developer
proposes to install the following amenities that will result in lower long term Area
Emissions from the completed project:
a. Provide transit shelters/benches, signs, displays and turnouts (when local Transit
Authorities incorporate the project site into local transit routes).
b. Provide street lighting.
c. Provide pedestrian safety designs/infrastructure at crossings.
d. Provide pedestrian signalization and signage when and where appropriate.
No archaeological resources were identified on the project site, however, the section of
the Buena Vista Canal running through the project site is to be relocated along the
northern edge of the project area. If archaeological resources associated with the
ORIGINAL
Exhibit A
Conditions of Approval
GPNZC 04-0429
Page 3 of 5
Buena Vista Canal relocation are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation and any measures shall
be complied with at that time.
The following improvements are required for the intersection of Stockdale Highway and
Old River Road to operate at or below a LOS "C":
a. Eastbound approach - widen from dual to three (3) left-turn lanes.
b. Westbound, Northbound, Southbound Approach - widen from dual to four (4)
left-turn lanes.
c. Eastbound, Westbound, Northbound, Southbound Approach - widen from three
(3) to four (4) through lanes.
d. Southbound Approach - widen from separate right to two (2) right turn lanes.
The following table shows the Project's Fair Share Percentage toward any future
improvements to the Stockdale Highway at Old River Road intersection. The Fair Share
Percentages were calculated by taking the Project trips and dividing by the total 2030
Project volumes for the given intersection. The formula used in calculating the City Fair
Share Percentages is:
Fair Share Percentage : Project only trips / (2030 Project volume)
Fair Share Percentages
Intersection Project 2030 Project Fair Share % 2030 Project
Stockdale Hwy & Old River 86 7,145 1.2
Road
Source: Traffic Study by TPG Consulting, Inc. April 2004.
10.
11.
The developer shall constructJimprove Buena Vista Road, Panama Lane as arterials and
Pensinger Road as Collector, along the project frontage to City standards.
The developer shall pay the Regional Transportation Impact Fee in accordance with the
City Public Works Department.
In an attempt to reduce complaints and unwarranted investigations undertaken by the
Kern County Department of Agriculture, the following disclosure shall be provided as
part of any transfer of properties within the project site.
Exhibit A
Conditions of Approval
GPA/ZC 04-0429
Page 4 of 5
12,
13.
"If your real property is adjacent to property used for agricultural
operations, you may be subject to inconveniences or discomforts
arising from such operations on any 24-hour basis. Said discomforts
may include, but shall not be limited to equipment noise, odors from
manure, fertilizer, and other chemicals, dust and/or smoke. It has
been determined, in the Agricultural Farm Conversion Study for the
property, that in Kern County, the use of real property for agricultural
operations is a high priority and a favored use to the Kern County and
will not be considered in the County as a nuisance for those
inconveniences or discomforts arising from agricultural operations if
such operations are consistent with accepted customs, standards,
permits, and laws."
If human remains are discovered or identified on the project site at any time or during
site disturbance, 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 detail the
appropriate actions necessary for addressing the find) and the local Native American
community shall be notified immediately.
Along with submittal of any development plan, tentative subdivision map, or application
for a lot line adjustment, the following shall occur:
a. Provide fully executed dedication for Buena Vista Road, Pensinger Road and
Panama Lane to arterial and collector standards for the full frontages of the area
within the GPA request. Dedications shall include sufficient widths for expanded
intersections and additional areas for landscaping as directed by the City
Engineer. Submit a current title report with the dedication documents.
b. Submit a comprehensive drainage study to be reviewed and approved by the City
Engineer. No more than two (2) sumps may be utilized to serve this area; these
sumps shall be located so that they may be available to serve adjacent areas as
they develop. If only one sump is utilized to serve this GPA/ZC area, it need not
be so located. The study shall be approved and any required retention site and
necessary easements dedicated to the City.
c. Submit verification to the City Engineer of the existing sewer system's capability
to accept the additional flows to be generated through development under the
new land use and zoning.
R %AK~o
ORI¥I!NAL
Exhibit A
Conditions of Approval
GPNZC 04-0429
Page 5 of 5
14.
Access to the arterial and collector streets will be limited and determined at time of
division or development. Determination of whether a right 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.
15.
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
Consolidated 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.
16.
Pay the proportionate share of the following mitigation measures as indicated in Table 2
of the Traffic Study for the project.
17.
Old River Road/Stockdale Highway - add east and west bound through turn lanes
(striping only), 9% project share of new traffic.
18.
Prior to development or recordation of any subdivision the project engineer shall
prepare, and have approved, an estimate and fee schedule for these local mitigation
items.
19. Pay the standard residential fees, as adopted at time of development.
S:\GPA 2nd 2004\04-0429~Admin SR\Conditions EX A.doc
EXHIBIT NO..
EXHIBIT "C"
LEGAL DESCRIPTION
ZONE CHANGE 04-0429
PROPOSED R-1 (FROM EXISTING A20-A)
LOTS 17, 18, 31 AND 32 OF THE SALES MAP OF LANDS OF THE KERN COUNTY
LAND COMPANY FILED AUGUST 27, 1892, IN THE OFFICE OF THE KERN COUN~CY
RECORDER, LOCATED IN SECTION 24, TOWNSHIP 30 SOUTH, FLANGE 26 EAST,
STATE OF CALIFORNIA
M.OM , THE CITY OF BAKERSFIELD. COUN'FY OF KERN,
CONTAINS 80.00 ACRES,MORE OR LESS
MclNTOSH & ASSOCIATES
2001 Wheelan Court
Bakersfield. CA 93309
(661) 834-4814
p..~f~CT~0401 '/~EGAJ.S'~R- 1ZO~E.~c
ORIGINAL
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kem )
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 8th day of September, 2004 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4205 , passed by the
Bakersfield City Council at a meeting held on the 8th day of September, 2004 and
entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. '122-24 BY CHANGING THE ZONING FROM A-
20A (AGRICULTURE-20 ACRES MINIMUM) TO AN R-1
(ONE FAMILY DWELLING) ZONE ON 77 ACRES
LOCATED NORTH OF PANAMA LANE TO PENSINGER
ROAD, WEST OF BUENAVISTA ROAD. (GPA 04-0429).
(WARD S).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
,, . L - L/ DEPU'FY~City Clerk