HomeMy WebLinkAboutORD NO 4212ORDINANCE NO. ~ g I g
AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO.
123-34 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-t (ONE FAMILY DWELLING) ZONE ON
77 ACRES LOCATED ALONG THE SOUTH SIDE OF
McCUTCHEN ROAD, GENERALLY BE'I'WEEN ASHE ROAD
AND STINE ROAD. (GPA 04-0422) (Ward 6).
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 by SMITH TECH/USA, INC., for Thomas Mitchell Ashe ET. AL for the ASHE FAMILY
TRUST, to change the land use zoning of those certain property being annexed to the City of
Bakersfield located along the south side of McCutchen Road, generally between Ashe Road and
Stine Road; and
WHEREAS, by Resolution No. 68-04 on June 16, 2004, the Planning Commission
recommended approval and adoption of an ordinance amending Title 17 of the Municipal Code to
approve R-1 (One Family Dwelling) zone as delineated on attached map ma~,ed 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 of environmental impact 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 co~Tect; 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 August
15, 2003, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows commercial 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.
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 along the south side of McCutchen Road, generally between Ashe Road and
Stine Road.
The project site, with prior approval of General Plan Amendment No. 04-0422, 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. 04-0422.
8. 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. 04-0422.
10.
That the applicant by pdor agreement agreed to comply with all adopted mitigation
measures contained within the Negative Declaration for this project.
11.
That Zone Change No. 04-0422 is hereby approved as recommended by staff with
mitigation measures adopted in the Negative Declaration.
12.
That the project site is a ¼ of a mile from the existing sewer treatment facility. This
will meet the Public Works Director recommendation.
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 to R-1 (One Family
Dwelling) zone on 77 acres on Map No. 123-34, of that certain property being
annexed to the City of Bakersfield as described in Exhibit "C" herein attached.
14.
That Zone Change No. 04-0422, 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. 04-0422.
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 be
and the same is hereby amended by changing the land use zoning of that certain
property being annexed to the City, the boundaries of which preperty is shown on the
map marked Exhibit "B" attached hereto and made a part hereof, and are more
specifically described in attached Exhibit "C".
4. Such zone change is hereby made subject to the conditions of approval listed in
attached Exhibit "A", and subject to pdor approval of General Plan Amendment No.
04-0422.
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.
3
I HEREBY CERTIFY that the foregoing Ordinance was passed.a.nCLadopted by the Council
of the City of Bakersfield at a regular meeting thereof held on ~l'F ~ ;4 2004 , by the
following vote:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
ABSTAIN:COUNCILMEMBER
ABSENT:COUNCILMEMBER
PAMELA A. McCARTHY, CMC~//
CITY CLERK and Ex Officio CleYk of the
Council of the City of Bakersfield
APPROVED SEP 2 2 2004
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attomey
By:
Attachments:
Exhibit A - Conditions of Approval
Exhibit B - Map
Exhibit C - Legal Description
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EXHIBIT A
Conditions of Approval
General Plan AmendmentJZone Change No. 04-0422
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.
If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation.
It is anticipated that the General Plan Amendment / Zone Change project site will pay
the current Regional Transportation Impact Fee.
The following table (Table 7 - Future Improvements and Local Mitigation) identifies
which improvements are 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. The project is subject to these improvements.
Table 7
Future Improvements and Local Mitigation
# Intersection Total Improvements Local Mitigation Project %
Required by 2024 (Improvements not Share for Local
covered by RTIF) Mitigation
1 Ashe Rd & Panama Ln Install Signal - 1 NBL, 1 SBL - - - 1.27 %
(2.59%)
4 Stine Rd & Berkshire Rd Install Signal- 1 EBL, 1 WBL, 1 EBL, 1 WBL 3.9%
1 NBL, 1 SBL (6.48%)
7 Stine Rd & McCutchen Rd Install Signal- 1 EBL, 1 WBL, - - - 5.36%
1 NBL, 1 SBL (8.21%)
10 Stine Rd & McKee Rd Install Signal- 1 EBL, 1 WBL, 1 EBL, I WBL 4.91%
1 NBL, 1 SBL (7.05%)
11 Ashe Rd & Install Signal- 1 EBL, 1 WBL, 1 NBL 3.53%
Taft Hwy-SR 119 1 NBL, 1 SBL (7.3%)
12 Stine Rd & Install Signal- 1 EBT, 1 NBL, 1 NBL 1.55%
Taft Hwy - SR 119 I SBL (3.42%)
Source: Traffic Study by Ruettgers & Schuler, April 2004.
5. The project is also subject to the improvements identified in Tables 3, 3a, and 4 below.
GPA/ZC 04-0422
Conditions of Approval
Page 2
Table 3
PM Peak Hour Level of Service
Unsignalized Intersections
# Intemection Movement 2004 2004+ 2024 2024+ 2024+
Project Project Project
wlMitll~ationl
1 Ashe Rd & Panama Ln Overall E E F F C
Intersection
3 Ashe Rd & Berkshire Rd EB C C
WB C C
4 Stine Rd & Berkshire Rd EB F F C
WB B B F F
5 Ashe Rd & EB C C
McCutchen Rd WB C C
6 Golden Gate Dr & Overall A B
McCutchen Rd Intersection
7 Stine Rd & EB F F C
McCutchen Rd WB B B F F
8 Ashe Rd & McKee Rd WB B B
9 Golden Gate Dr & Overall A A
McKee Rd Intersection
10 Stine Rd & EB E F C
McKee Rd WB A A D D
11 Ashe Rd NB C C F F C
Taft Hwy - SR 119 SB C C F F
12 Stine Rd & NB C C F F C
Taft Hwy - SR 119 SB D D F F
I See Table 7 above for mitigation improvements.
Source: Traffic Study by Ruettgers & Schuler, April 2004.
Table 3a
AM Peak Hour Level of Service
Unsignalized Intersections
# Intersection Movement 2004 2004+ 2024 2024+ 2024+
Project Project Project
wlMiti~ationl
11 AsheRd& NB B C E F C
Taft Hwy - SR 119 SB C C F F
12 Stine Rd & C C F F C
Taft Hwy - SR 119 D D F F
1 See Table 7 above for miti, ation improvements.
Source: Traffic Study by Ruettgers & Schuler, April 2004.
GPNZC 04-0422
Conditions of Approval
Page 3
Table 4
PM Peak Hour Level of Service
Signalized Intersections
Intersection 2004 2004+ 2024 2024+
Project Project
Stine Rd & Panama Ln B B C C
2024+
Project
wlMiti~ltionl
1 See Table 7 above for mitigation improvements.
Source: Traffic Study by Ruettgers & Schuler, April 2004.
The following Air Quality mitigation measures, in addition to those required under
Regulation Viii, shall apply to development of the project site.
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.
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.
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.
All onsite unpaved roads and offsite-unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
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.
GPNZC 04-0422
Conditions of Approval
Page 4
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 or
fugitive dust emissions utilizing sufficient water or chemical
stabilizer/suppressant.
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
construction site.
The below-listed control measure provides a strategy to reduce vehicle trips, vehicle
use, vehicle miles traveled, vehicle idling and traffic congestion for the purpose of
reducing motor vehicle emissions. These features were incorporated into the
emission estimates for the project and are therefore required in order to achieve the
emission level presented in the Air Quality Analysis for the project.
Incorporate sidewalks throughout the project, with adequate safety signage and
appropriate lighting. Connect sidewalks to any open space or recreational areas
and to nearby transit loading areas and/or shelters.
GPNZC 04-0422
Conditions of Approval
Page 5
e=
Provide pedestrian and bicycle facilities, including street trees to shade the
walkways and/or bikeways, and adequate bicycle parking.
Select deciduous trees and locate them on southern and/or western exposures
to shade structures in summer and allow sun in winter.
Install electrical outlets and/or natural gas lines in backyard or patio areas to
encourage electric landscaping equipment use and natural gas barbecues.
Payment of traffic mitigation fees.
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ZONE CHANGE 04-0422
A TO R-1
EXHI~I~GJ~
ZONING MAP 123, e~34 ;
EXHIBIT C
ZONE CHANGE 04-0422
LEGAL DESCRIPTION
BEING PARCELS 3 AND 4 OF PARCEL MAP NO. 3560 IN THE COUNTY OF
KERN, STATE OF CALIFORNIA, FILED FOR RECORD JULY 22, 1976 IN THE
OFFICE OF THE KERN COUNTY RECORDER, ALSO BEING PORTIONS OF
SECTION 34, T. 30 S., R. 27 E., M.D.M. IN THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 34, T. 30 S., R. 27 E., M.D.M. IN THE COUNTY OF KERN,
STATE OF CALIFORNIA.
CONTAINS: 77.00 GROSS ACRES
SMITHPETRINI-MCCUTCHEN.-GPA*LG L
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 22nd day of September, 2004 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4212 , passed by
the Bakersfield City Council at a meeting held on the 22nd day of September, 2004
and entitled:
AN ORDINANCE AMENDING TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE AND ZONING
MAP NO. 123-34 BY CHANGING THE ZONING FROM A
(AGRICULTURE) TO R-1 (ONE FAMILY DWELLING)
ZONE ON 77 ACRES LOCATED ALONG THE SOUTH
SIDE OF MCCUTCHEN ROAD, GENERALLY BE'FWEEN
ASHE ROAD AND STINE ROAD. (GPA 04-0422) (WARD
6).
/si PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
(JDEPUT~ ~ity Clerk