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HomeMy WebLinkAboutORD NO 4220ORDINANCE NO. 4 ~ 2 0 AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO AN R-'I (ONE FAMILY DWELLING) ZONE ON APPROXIMATELY 15 ACRES LOCATED ALONG THE SOUTH SIDE OF MCKEE ROAD, GENERALLY EAST OF WlBLE ROAD. (ZC 04-0848) (Ward 7). 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 Floyd Hinesley to change the land use zoning of those certain properties in the City of Bakersfield located along the south side of McKee Road, approximately 700 feet east of Wible Road; and WHEREAS, by Resolution No. 124-04 on September 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~ked 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 an R-1 (One Family Dwelling) zone and the Council has considered said findings and all appear to be true and correct; and WHEREAS, the applicant has appealed the dedsion of the Planning Commission; 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 13, 2004, in accordance with CEQA; and WHEREAS, the general plan designation for this area allows 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 Califomia 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 approximately 15 acres located along the south side of Panama Lane, approximately 700 feet east of Wible Road. The project site, with prior approval of General Plan Amendment No. 04-0848, 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. 04-0848. 8. The recommended zone change is compatible with the sun'ounding uses. The recommended zone change is consistent with the Metropolitan Bakersfield General Plan, subject to prior approval of General Plan Amendment No. 04-0848. 10. That the applicant by prior agreement agreed to comply with all adopted mitigation measures contained within the Negative Declaration for this project. 11. That the appeal by the applicant and the requested wording for improvements to McKee Road will not promote ordedy development. 12. That Zone Change No. 04-0848 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 to R-1 (One Family Dwelling) zone on approximately 15 acres on Map No. 123-36, of that certain property being annexed to the City of Bakersfield. 14. That Zone Change No. 04-0848, as outlined above, is hereby recommended for approval with mitigation and conditions of approval shown on Exhibit "A", subject to pdor approval of General Plan Amendment No. 04-0848. 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. The City Council hereby upholds the decision of the Planning Commission and denies the appeal. 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 in the City, the boundaries of which property is shown on the map marked Exhibit "B" attached hereto and made a part hereof. 2 5. 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. 04-0848. 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. ......... 00o ........ 3 I HEREBY CERTIFY that the foregoing Ordinance was pass,C[ a. nd ad(~l~ted by the Council of the City of Bakersfield at a regular meeting thereof held onNU¥ 0 ,,"] Z004 , by the following vote: COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER ABSTAIN: COUNClLMEMBER ABSENT: COUNCILMEMBER PAMELA A. McCARTHY, Cl~ CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED NOV 03 Z004 APPROVED as to form: VIRGINIA GENNARO City Attomey Attachments: Exhibit A- Conditions of Approval Exhibit B - Map MO:djl S:\GPA 3rd 2004\04-0848~ResoluUons~ozc-cc.dcc 4 ORIGINAL EXHIBIT A Conditions of Approval General Plan Amendment/Zone Change No. 04-0848 The developer/contractor of the GPA/ZC site shall submit, at the time ofbuilding permit, a letter agreeing to the following air quality mitigation measures: A. Mitigation measures for fugitive dust emissions: a) The developer shall water exposed surfaces (soil) three-times/day. b) The developer shall water all haul roads (unpaved) throe-times/day. c) The developer shall ensure that all vehicles (as defined under Rule 8011 ) do not exceed a speed of 15 miles per hour on unpaved roads. d) The developer shall stablize all disturbed areas, including storage piles, which are not being actively utilized for construction purposes using water, chemical stabilizers or by covedng with a tarp, other suitable cover or vegetative ground cover. e) The developer shall control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut and fill operations with application of water or by presoaking. f) When transporting materials off-site, the developer shall maintain a freeboard limit of at least 6 inches and cover or effectively wet to limit visible dust emissions. g) The developer shall limit and remove the accumulation of mud and/or dirt from adjacent public roadways at the end of each workday. (Use of dry rotary brushes shall be prohibited except when proceded or accompanied by sufficient wetting to limit visible dust emissions. The use of blowers is expressly prohibited,) h) The developer shall stablize the surface of storage piles following the addition or removal of materials using water or chemical stablizefl suppressants. i) The developer shall remove trackout when it extends 50 feet, or more, from the site at the end of each workday. J) The developer shall cease grading activities dudng pedods of high winds (greater than 20 mph over a one-hour pedod). k) For all asphalt-concrete paving, the developer shall comply with SJVAPCD Rule 4641 and restdct the use of cutback, slow-cure and emulsified asphalt paving materials. Exhibit A Conditions of Approval GPNZC 04-0848 Page 2 Mitigation measures proposed for construction equipment exhaust: a) The developer shall properly and routinely maintain all construction equipment, as recommended by manufacturer manuals, to control exhaust emissions. b) The developer shall shut down equipment when not in use for extended periods of time to reduce emissions associated with idling engines. c) The developer shall use electric equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. d) The developer shall curtail the use of high-emitting construction equipment dudng pedods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVAPCD. ROG Mitigation: The developer shall only use water-based paints for all construction phases on the project site. The cdteda pollutant most affected by proposed mitigation measures will be PMlo. As the project will be completed in compliance with San Joaquin Valley Air Pollution Control Distdct (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. 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. Control fugitive dust emissions during land clearing, grubbing, scraping, excavation, leveling, grading, or cut & fill operations with application of water or by presoaking. When transporting materials offsite, maintain a freeboard limit of at least six inches and cover or effectively wet to limit visible dust emissions, 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). Exhibit A Conditions of Approval GPA/ZC 04-0848 Page 3 Stabilize the surface of storage piles following the addition or removal of materials using water or chemical stabilizers/suppressants. Remove trackout when it extends 50 or mom feet from the site at the end of each workday. Cease grading activities dudng periods of high winds (greater than 20 mph over a one-hour pedod). Asphalt-concrete paving shall comply with the SJVUAPCD Rule 4641 and restdct 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 pedods of time. Use electdc equipment for construction whenever possible in lieu of diesel or gasoline powered equipment. Curtail use of high-emitting construction equipment during pedods of high or excessive ambient pollutant concentrations such as "Spare-the-Air" days as declared by the SJVUAPCD. 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 tumouts (when local Transit Authorities incorporate the project site into local transit mutes). b. Provide street lighting. c. Provide pedestrian safety designs/infrastructure at crossings. d. Provide pedestrian signalization and signage when and where appropriate. (Mitigation Measure). ORIGINAL Exhibit A Conditions of Approval GPNZC 04-0848 Page 4 No archaeological resources were identified on the project site, however, pdor to ground disturbance a qualified archaeologist shall conduct a field survey of the entire parcel. Any measures by the archaeologist shall be complied with at that time. (Mitigation Measure). The developer of the project site shall be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore, will do so due to the minor increase. (Mitigation Measure). 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 Amedcan community shall be notified immediately. (Mitigation Measure). Prior to approval of any development plan, tentative subdivision map, or application for a lot line adjustment, the following shall occur: Provide fully executed dedication for McKee Road to Collector Standards for the full frontages of the area within the GPA request. Dedications shall include sufficient widths for expanded intersections as directed by the City Engineer. Submit a current title report with the dedication documents. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer. No more than 1 sump may be utilized to serve this area; these sumps should be located so that they may be available to serve adjacent areas as they develop. If only one sump is utilized to serve this GPNZC 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. (Public Works Condition). Access to the artedal 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 signalwill only be permitted if a signal synchronization study is submitted and approved, which shows progression is not adversely affected. (Public Works Condition). Exhibit A Conditions of Approval GPA/ZC 04-0848 Page 5 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 Distdct 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. (Public Works Condition). A trip generation analysis dated June 16, 2004 was prepared by Porter-Robertson Engineering justifying that no detailed traffic study is raquired. The analysis shows the change will result in an insignificant increase potential tdp generation which is below thresholds established by the City and Caltrans. We concur with the findings of the analysis and recommend that the development be required to pay into the adopted Regional Traffic Impact Fee fixed rate program. The fee program improvements mitigate impacts of the existing densities and therefore will do so due to the minor increase. (Public Works Condition). Since the parcel along the eastem portion of the project site was added by City staff and the property owner has no intention of further development of the parcel and the development of the western portion of the site and the area to the east is eminent, the improvement of McKee Road along the frontage of the adjoining property to the east will be required with the development of the property within this GPA/ZC area. These improvements will include curb, gutter, sidewalk and pavement tie-in and will be done with the other improvements on McKee Road. If necessary, the City will assist in obtaining the right-of-way for the applicantJdeveloper of the GPA/ZC area. These improvements to McKee Road are required for ordedy development in the area. (Public Works Condition). MO:djl S:\GPA 3rd 2004~04-0848~lmin SR~Conditions EX A.doc ORIG",NAL EXHIBIT B Map '/11111111111~11111~ ©,R!G',NAL 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 3rd day of November, 2004 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4220, passed by the Bakersfield City Council at a meeting held on the 3rd day of November, 2004 and entitled: AN ORDINANCE AMENDING TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE AND ZONING MAP NO. 123-36 BY CHANGING THE ZONING FROM A (AGRICULTURE) TO AN R-1 (ONE FAMILY DWELLING), ZONE ON APPROXIMATELY 15 ACRES LOCATED ALONG THE SOUTH SIDE OF MCKEE ROAD, GENERALLY EAST OF WIBLE ROAD. (ZC 04-0848) (WARD 7). /si PAMELA A. McCARTHY City Clerk of the City of Bakersfield v _ 0 D~::PUT~ity Clerk